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HomeMy WebLinkAboutAgenda Packet City Council - 01/22/2019City Council City of Corpus Christi Meeting Agenda - Final 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, January 22, 2019 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 inglés es limitado, habrá un intérprete inglés-español en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary’s office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A.Mayor Joe McComb to call the meeting to order. B.Invocation to be given by Pastor Jerry Ward, Lighthouse Tabernacle. C.Pledge of Allegiance to the Flag of the United States to be led by Lisa Oliver, Community Relations and Engagement Superintendent, Parks and Recreation Department. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.Proclamations / Commendations 1.19-0154 Proclamation declaring February 5, 2019, "City-Wide Bluesday Tuesday". F.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.UTILITY BILLING UPDATE Page 1 City of Corpus Christi Printed on 1/21/2019 January 22, 2019City Council Meeting Agenda - Final b.OTHER G.MINUTES: 2.19-0119 Regular Meeting of January 15, 2019. Minutes - January 15, 2019Attachments: H.BOARD & COMMITTEE APPOINTMENTS: 3.19-0120 Corpus Christi Regional Economic Development Corporation Crime Control & Prevention District Marina Advisory Committee Port of Corpus Christi Authority of Nueces County, Texas Watershore and Beach Advisory Committee CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CRIME CONTROL & PREVENTION DISTRICT MARINA ADVISORY COMMITTEE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX WATERSHORE AND BEACH ADVISORY COMMITTEE Attachments: 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. All items on this agenda are considered public hearings. Page 2 City of Corpus Christi Printed on 1/21/2019 January 22, 2019City Council Meeting Agenda - Final 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 - 17) 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. 4.19-0030 Reimbursement Resolution for Bond 2018 General Obligation Bonds Resolution relating to establishing the City’s intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of one or more series of tax-exempt obligations to be issued by the City in an aggregate amount not to exceed $96,000,000 for authorized purposes relating to constructing various City improvements; authorizing matters incident and related thereto; and providing an effective date. Agenda Memo - Reimbursement Resolution for Bond 2018 Reimbursement Resolution - Bond 2018 (2) Attachments: 5.19-0039 Supply Agreement for the purchase of Automotive Maintenance Parts Motion authorizing a one-year supply agreement for the purchase of automotive maintenance parts with Advance Auto Parts of Corpus Christi, Texas via U.S. Communities cooperative for $240,000, with a one-year option for a total potential multi-year amount not to exceed $480,000. Agenda Memo Automotive Maintenance Parts for Fleet Price Sheet - Automotive Maintenance Parts for Fleet Attachments: Page 3 City of Corpus Christi Printed on 1/21/2019 January 22, 2019City Council Meeting Agenda - Final Supply Agreement - Automotive Maintenance Parts for Asset Management 6.19-0032 Purchase of Nine Ford Trucks for Parks and Recreation Department Motion authorizing the purchase of one Ford F-150 extended cab truck, one Ford F-150 crew cab truck and seven Ford F-250 crew cab trucks for Parks and Recreation from Silsbee Ford, Inc. of Silsbee, Texas for a total amount not to exceed $263,588.88. Agenda Memo - Ford F-150 and F-250 Trucks for Parks and Rec Bid Tabulation - Ford F-150 and F-250 Trucks for Parks and Rec Attachments: 7.19-0036 Purchase of four John Deere mowers for Parks and Recreation Department Motion authorizing the purchase of four John Deere mowers for Parks and Recreation from Deere & Company, of Cary, North Carolina, via BuyBoard cooperative for a total amount not to exceed $80,229.24. Agenda Memo - John Deere Mowers for Parks & Recreation Price Sheet - John Deere Mowers for Parks & Recreation Attachments: 8.19-0047 Second Reading Ordinance - Rezoning for a Property located at or near 1902 Lipan Street (1st Reading 1/15/19) Case No. 1018-05 Habitat for Humanity of Corpus Christi, Inc.: Request for rezoning a property at or near 1902 Lipan Street from the “IH” Heavy Industrial District to the “RS-4.5” Single-Family 4.5 District. Planning Commission and Staff Recommendation (November 14, 2018): Approval of the change of zoning from the “IH” Heavy Industrial District to the “RS-4.5” Single-Family 4.5 District. Ordinance rezoning property at or near 1902 Lipan Street from the “IH” Heavy Industrial District to the “RS-4.5” Single-Family 4.5 District. Agenda Memo_1018-05 Habitat for Humanity Ordinance_1018-05 Habitat for Humanity CC Report_1018-05 Habitat for Humanity Presentation_1018-05 Habitat for Humanity Attachments: 9.19-0057 Second Reading Ordinance - Rezoning for a Property located at or near 6402 Holly Road (1st Reading 1/15/19) Case No. 1118-01 Kyle McGee: Request for rezoning a property at or near 6402 Holly Road from the “CG-2” General Commercial District to the “CG-2/SP” General Commercial District with a Special Permit. Page 4 City of Corpus Christi Printed on 1/21/2019 January 22, 2019City Council Meeting Agenda - Final Planning Commission and Staff Recommendation (November 14, 2018): Approval of the change of zoning from the “CG-2” General Commercial District to the “CG-2/SP” General Commercial District with a Special Permit with conditions. Ordinance rezoning property at or near 6402 Holly Road from the “CG-2” General Commercial District to the “CG-2/SP” General Commercial District with a Special Permit. CC Report_1118-01 Kyle McGee Agenda Memo_1118-01 Kyle McGee PP_1118-01 Kyle McGee Ordinance_1118-01 Kyle McGee Attachments: 10.19-0040 Second Reading Ordinance - Interlocal Agreement for reimbursement for MetroCom Dispatch Center Enhancements (1st Reading 1/15/19) Ordinance authorizing Interlocal Agreement with Nueces County for $146,671.59 reimbursement for MetroCom Dispatch Center Enhancements; appropriating $146,671.59 from General Fund unreserved fund balance. Agenda memo - interlocal with NC Homeland Security 01.15.2018 Ordinance - Interlocal for Metrocom grant MetroCom Dispatch Center Enhancements Grant Interlocal Attachments: 11.19-0045 Second Reading Ordinance - Accepting and appropriating grant funds for enhancing emergency response capabilities in the Fire Department (1st Reading 1/15/19) Ordinance authorizing acceptance of $2,000 grant from Exxon Mobil Corporation for Exxon Mobil’s “Good Neighbor Program”; and appropriating $2,000 into Fire Grant Fund. Agenda Memo - Exxon Mobil Corp. (2018) Ordinance - Exxon Grant 2019 - Fire Attachments: 12.19-0015 Second Reading Ordinance - Accepting and appropriating two grants from the Homeland Security Grant Program (1st Reading 1/15/19) Ordinance authorizing acceptance of two grants totaling $85,124.28 from Texas Office of the Governor - Homeland Security Grant Division, Homeland Security Grant Program; and appropriating $85,124.28 into Fire Grants Fund. Agenda Memo - Texas Office of the Government-Homeland Security ($85,124.28) Ordinance - Office of the Govenor Attachments: Page 5 City of Corpus Christi Printed on 1/21/2019 January 22, 2019City Council Meeting Agenda - Final SOGA - 3598801 & 3599401 13.19-0018 Second Reading Ordinance - Purchase of Ten Chevrolet Tahoe Vehicles for the Fire Department (1st Reading 1/15/19) Ordinance authorizing the purchase of ten Chevrolet Tahoe Vehicles from Caldwell Country Chevrolet, LLC, of Caldwell, Texas, via Buyboard for a total amount not to exceed $440,356; appropriating $440,356 from the unreserved fund balance of the General Fund; and amending the budget. Agenda Memo - Tahoes for CCFD Ordinance - Tahoes for CCFD Price Sheet-Chevrolet Tahoes Attachments: 14.19-0060 Second Reading Ordinance - Amending membership and expanding duties of the Corpus Christi Museum of Science and History Advisory Board (1st Reading 1/15/19) Ordinance amending Chapter 2 of the Corpus Christi Code to modify Corpus Christi Museum of Science and History Advisory Board membership and expand advisory role. Agenda Memo - Amendment to Ordinance Ordinance - Museum Board Duties Presentation Attachments: 15.19-0067 Second Reading Ordinance - Authorizing an Airline Use and Lease Agreement with United Airlines (1st Reading 1/15/19) Ordinance authorizing a three-year airline use and lease agreement with United Airlines to be effective as of October 1, 2017, with one two-year option. Agenda Memo - United Airlines AULA Ordinance - United Airlines Lease vFinal 20190102 revd United Airlines Lease Agreement Attachments: 16.18-1505 Second Reading Ordinance - Right-of-Way License Agreement for a private wastewater collection system and conveyance system force main (1st Reading 1/15/19) Ordinance authorizing a Right-of-Way license Agreement with BL Marina Properties, LP, (“Permittee”) to install a private wastewater collection system and conveyance system force main subject to the Permittee's compliance with specified conditions. Agenda Memo-Final Ordinance, Agreement, Exhibits Fin Attachments: Page 6 City of Corpus Christi Printed on 1/21/2019 January 22, 2019City Council Meeting Agenda - Final Presentation - Caribbean Dreams 17.19-0094 Second Reading Ordinance - Lease Agreement for Dick Runyan Baseball Field at Evelyn Price Park (1st Reading 1/15/19) Ordinance authorizing five-year lease agreement with Incarnate Word Academy for the use of Dick Runyan Baseball Field at Evelyn Price Park near 3800 Gollihar Road in consideration of $50 monthly fee and compliance with property maintenance standards. Agenda Memo - IWA Sports Field Lease Agreement Ordinance - IWA Lease Agreement - Dick Runyan High School Baseball Field Attachments: L.FUTURE AGENDA ITEMS: (ITEMS 18 - 20) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 18.19-0082 Supply Agreement for Liquid Aluminum Sulfate for O.N. Stevens Water Treatment Plant Motion authorizing a one-year supply agreement for liquid aluminum sulfate with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey for the amount of $2,573,982, with two additional one-year renewal options for a potential total amount of $7,721,946. Agenda Memo - Liquid Aluminum Sulfate Bid Tab -Liquid Aluminum Sulfate Supply Agreement - Liquid Aluminum Sulfate Attachments: 19.19-0085 Supply Agreement for Liquid Chlorine in Railcar for O.N. Stevens Water Treatment Plant Motion authorizing a one-year supply agreement for liquid chlorine in railcar with Brenntag Southwest Inc, of Lancaster, Texas for an amount not to exceed $303,288. Agenda Memo - Liquid Chlorine in Railcar 122818 Bid Tabulation - Liquid Chlorine in Rail Car.pdf Signed Supply Agreement - Liquid Chlorine in Railcar Attachments: 20.19-0114 Service Agreement for Water Garden Pump, Motor and Control Repairs Motion authorizing a one-year service agreement to repair the water garden pump, motor and controls with Scott Electric Company of Corpus Christi, Texas for a total amount not to exceed $208,008. Page 7 City of Corpus Christi Printed on 1/21/2019 January 22, 2019City Council Meeting Agenda - Final Agenda Memo - Water Garden Pump, Motor and Control Repairs Bid Tabulation - Water Garden Pump, Motor and Control Repairs Amended -Service Agreement Water Garden Pump, Motor and Control Repairs Attachments: M.RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. N.PUBLIC HEARINGS: (ITEM 21) 21.19-0072 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 4130 South Alameda Street. Case No. 1218-01 Carmelite Sisters: Request for rezoning a property at or near 4130 South Alameda Street from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District. Planning Commission and Staff Recommendation (December 12, 2018): Approval of the change of zoning from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District. Ordinance rezoning property at or near 4130 South Alameda Street from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District. Agenda Memo_1218-01 Carmelite Sisters Ordinance_1218-01 Carmelite Sisters CC Report_1218-01 Carmelite Sisters Presentation_1218-01 Carmelite Sisters Attachments: O.REGULAR AGENDA: (ITEM 22) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 22.19-0038 Professional Services Contract for Alternative Water Supplies Technical Support Motion to authorize execution of a professional services contract with Frank Brogan Consulting of San Antonio, Texas in the amount not to exceed $100,000.00 for the Alternative Water Supplies Technical Support project. Agenda Memo - Alternative Water Supplies Technical Support Project Budget - Alternative Water Supplies Technical Support (Brogan).xlsx Location Map - Alternative Water Supplies Technical Support.pdf Presentation -Alternative Water Supplies Technical Support Attachments: Page 8 City of Corpus Christi Printed on 1/21/2019 January 22, 2019City Council Meeting Agenda - Final Contract - 18139A Frank Brogan Signed P.FIRST READING ORDINANCES: (ITEMS 23 - 24) 23.19-0046 First Reading Ordinance - Purchase of Impel Pumper and Impel Rescue Truck for Fire Department Ordinance authorizing the purchase of an impel pumper and impel rescue truck from Siddons-Martin Emergency Group from Denton, Texas, via Buyboard for a total amount not to exceed $1,580,000; appropriating $1,580,000 from the unreserved fund balance of the General Fund; and amending the budget. Agenda Memo - Impel Pumper and Impel Rescue Truck for CCFD Ordinance - Impel Pumper and Impel Rescue Truck for CCFD Price Sheet-Impel Pumper & Imple Rescue Truck for CCFD Attachments: 24.19-0081 First Reading Ordinance - Professional Services Contract for Restoration of SEA District Water Features (Capital Improvement Project - Type A) Ordinance amending the FY 2019 Capital Improvement Program budget to increase the year one budget for project #E16458 Restoration of SEA District Water Features in the amount of $300,000; and authorizing execution of professional services contract with LNV, Inc., in the amount of $364,100 for the Restoration of SEA District Water Features project. Agenda Memo - SEA District Water Features.docx Ordinance - SEA District Water Features.docx Project Budget - SEA District Water Features.xlsx Location Map - SEA District Water Features.pdf Presentation - SEA District Water Features Contract - SEA District Water Features.pdf Attachments: Q.BRIEFINGS: (ITEMS 25 - 27) 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. 25.19-0126 Seawater Desalination Siting and Permitting Project - Update Agenda Memo Seawater Desalination Siting_Permitting Project Update Prese.._ Presentation - Seawater Desalination Update Attachments: Page 9 City of Corpus Christi Printed on 1/21/2019 January 22, 2019City Council Meeting Agenda - Final 26.19-0029 Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (Q4 2018) Agenda Memo - CCREDC Q4 2018 Presentation - CCREDC Quarterly Jan 2019 Attachments: 27.19-0102 2018 Community Survey Results Agenda Memo - 2018 Community Survey Presentation - 2018 Corpus Christi Community Survey Community Survey 2018 Report.final Attachments: R.EXECUTIVE SESSION: (ITEMS 28 - 30) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in “Executive Sessions” constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 28.19-0025 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to water supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving water or other utility services, utility rate regulation, reuse, provisions of the Texas Utility Code, TCEQ Regulations, EPA regulations, and other laws and regulations, potential economic development and water-related agreement(s) with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, and potential creation of entities that could provide or assist in the provision of the aforementioned services, pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property for utilization as a potential site for desalination facilities (including, but not limited to, tracts of property adjacent to Corpus Christi Bay) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforementioned business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic Page 10 City of Corpus Christi Printed on 1/21/2019 January 22, 2019City Council Meeting Agenda - Final development issues concerning said business prospect(s), including, but not limited to, potential contracts for the provision of water to said business prospect(s). 29.19-0124 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 annexation, disannexation, apportionment of extra-territorial jurisdiction between municipalities, interlocal agreements with water districts and neighboring municipalities, contracts for the potential economic development agreement(s) with entities that are considering the construction, expansion, and/or ownership of industrial facilities (including, but not limited to proposed Gulf Coast Growth Ventures’ chemical manufacturing facility in San Patricio County, Texas, proposed fractionator and related facilities in Nueces County, and existing industrial facilities in San Patricio County and Nueces County) that are and/or will be consumers of water and/or wastewater services and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). 30.19-0159 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 collective bargaining matters in the Agreement(s) with the Corpus Christi Professional Firefighters’ Association and the Corpus Christi Police Officers’ Association. 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 Page 11 City of Corpus Christi Printed on 1/21/2019 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, January 15, 2019 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. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:32 a.m. Invocation to be given by Reverend Gloria Lear, First United Methodist Church.B. Reverend Barton Bailey gave the invocation. Pledge of Allegiance to the Flag of the United States to be led by Sharon Lewis, Environmental Affairs Manager, Environmental and Strategic Initiatives. C. Ms. Sharon Lewis led the Pledge of Allegiance. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. 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. Page 1City of Corpus Christi Printed on 1/18/2019 January 15, 2019City Council Meeting Minutes Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Present:9 - Proclamations / CommendationsE. Mayor McComb presented the proclamation. 1.Proclamation declaring January 21, 2019, "Martin Luther King Holiday Celebration and Commemorative March". The Proclamation was presented. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:F. Mayor McComb referred to City Manager's Comments. Interim City Manager Keith Selman reported on the following topics: OTHERb. 1) The City has been putting fluoride in the water since 2015 in accordance with regulations from the Food and Drug Administration, the Center for Disease Control and Prevention, and the American Dental Association. The Center for Disease Control and Prevention presented the City's public water system with the Water Fluoridation Quality Award. 2) Beach permits are available for $12 and can be acquired at City Hall and 13 other locations in the Coastal Bend. Information is located at www.cctexas.com/beachpermits. 3) Dr. Clotilde P. Garcia Public Library is entering into a Sensory Time Program aimed at developing social skills for children ages 5 and under. There will be interactive activities, crafts and books for touch, feel, and smell. 4) Interim City Manager Selman recognized various City departments and employees involved in community activities during the Christmas season. UTILITY BILLING UPDATEa. Interim City Manager Keith Selman introduced Interim IT Director Peter Collins who provided the following information regarding the City's utility billing system: an update regarding the external audit; the progress regarding the General Ledger journal entries; the Development Services portal and plans regarding the document imaging system; implementation of rate changes; and the automated process for purchase order transactions. Mr. Collins provided the following update related to the IT Department: that he is meeting individually with staff members; and staff is identifying long-and short-term goals and assessing equipment. A council member discussed improving terminology on the utility bills regarding minimum usage/base rates. MINUTES:G. 2.Regular Meeting of January 8, 2019 and two Special Meetings of January Page 2City of Corpus Christi Printed on 1/18/2019 January 15, 2019City Council Meeting Minutes 8, 2019. Mayor McComb referred to approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Guajardo and passed unanimously. BOARD & COMMITTEE APPOINTMENTS:H. 3.Corpus Christi B Corporation North Padre Island Development Corporation Reinvestment Zone No. 2 Reinvestment Zone No. 3 Mayor McComb referred to board and committee appointments. The following appointments were made: Corpus Christi B Corporation Council member Smith made a motion to reappoint Michael T. Hunter to serve as City Council Liaison, seconded by Council Member Guajardo and passed unanimously. North Padre Island Development Corporation Council Member Garza made a motion to reappoint Paulette Guajardo and Joe McComb, seconded by Council Member Molina and passed unanimously. Council Member Smith made a motion to appoint Roland Barrera and Gil Hernandez, seconded by Council Member Garza and passed unanimously. Reinvestment Zone No. 2 Board Council Member Smith made a motion to appoint Roland Barrera and Gil Hernandez, seconded by Council Member Hunter and passed unanimously. Council Member Garza made a motion to reappoint Greg Smith Chairman for a one-year term, seconded by Council Member Hunter and passed unanimously. Reinvestment Zone No. 3 Council Member Molina made a motion to appoint Roland Barrera and Gil Hernandez and reappoint Rudy Garza, Paulette Guajardo, Everett Roy and Greg Smith, seconded by Council Member Barrera and passed unanimously. Council Member Garza nominated Carolyn Vaughn to serve as Chair. Council Member Guajardo nominated Everett Roy to serve as Chair. Everett Roy was appointed Chairman for a one-year term with Mayor McComb and Council Members Hunter, Barrera, Guajardo, Smith, Molina, Roy and Hernandez voting for Everett Roy and Council Member Garza voting for Carolyn Vaughn. Page 3City of Corpus Christi Printed on 1/18/2019 January 15, 2019City Council Meeting Minutes EXPLANATION OF COUNCIL ACTION:I. 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. All items on this agenda are considered public hearings. J. Mayor McComb referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum for the Council Chambers. City Secretary Rebecca L. Huerta conducted the public comment period. Jack Gordy, 4118 Bray, spoke regarding the following topics: Agenda Item 30, adopting a Right-of-Way License Agreement to allow parking of dockless vehicles and stated that the scooters are in violation of federal and state laws; and blocked sidewalks in the City. Ted Mandel, 15306 Key Largo Ct., spoke regarding air service and the lack of nonstop destinations at the Corpus Christi International Airport. Brian Watson, 5813 Hugo, spoke regarding the use of fluoride in the water system and in opposition to renaming Naval Air Station - Corpus Christi after late U.S. President George Herbert Walker Bush. CONSENT AGENDA: (ITEMS 4 - 19)K. Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Mayor McComb announced that Item 6 was pulled by staff. There were no comments from the Council or the public. A motion was made by Council Member Garza, seconded by Council Member Barrera, to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 4.Supply Agreement for PetLink Slim polymer microchips for Animal Care Services Page 4City of Corpus Christi Printed on 1/18/2019 January 15, 2019City Council Meeting Minutes Resolution authorizing a one-year supply agreement for PetLink Slim polymer microchips for Animal Care Services with Datamars, Inc., of Woburn, Massachusetts, for an amount not to exceed $31,250, with four additional one-year renewal options for a potential total amount not to exceed $156,250. This Resolution was passed on the consent agenda. Enactment No: 031644 5.IBM Maximo Licenses and Maintenance Renewal Motion authorizing the City Manager or designee to execute all documents necessary with IBM and IBM Credit, LLC, for the renewal purchase of Maximo software licenses and maintenance for a five-year term, with annual payments not to exceed $234,358.05 subject to sufficient appropriations for a total amount not to exceed $1,171,790.21 payable with funds provided by the Information Technology and Utilities Departments. This Motion was passed on the consent agenda. Enactment No: M2019-007 6.Service Agreement for Maximo Software Consultant Services Motion authorizing a one-year service agreement for Maximo software services and maintenance support with Barton & Loguidice D.P.C. of Liverpool, New York for an amount not to exceed $140,600, with two additional one-year renewal options for a potential total amount not to exceed $421,800. This Motion was withdrawn. 7.Purchase of four Kubota Utility Vehicles for Beach Operations Motion authorizing the purchase of four Kubota utility vehicles for Beach Operations from Kubota Tractor Corporation of Torrance, California via the BuyBoard cooperative for a total amount not to exceed $62,357.96. This Motion was passed on the consent agenda. Enactment No: M2019-008 8.Construction Contract Change Order No. 2 for Oso Water Reclamation Plant Headworks and Lift Station (Capital Improvement Program) Motion to authorize execution of Change Order No. 2 with CSA Construction Inc., of Houston, TX in the amount of $403,920 for a total Page 5City of Corpus Christi Printed on 1/18/2019 January 15, 2019City Council Meeting Minutes restated fee of $23,650,887 for Oso Water Reclamation Plant (Oso WRP) Headworks and Lift Station project. This Motion was passed on the consent agenda. Enactment No: M2019-009 9.Construction Contract for Wesley E. Seale Dam Outlet Rehabilitation (Capital Improvement Program) Motion to authorize execution of a construction contract with Associated Construction Partners, Ltd. of Boerne, Texas in the amount of $1,507,612.87 for Wesley E. Seale Dam Outlet Rehabilitation project. This Motion was passed on the consent agenda. Enactment No: M2019-010 10.Service Agreement for Preventative Maintenence and Emergency Vactor Service for Utilities Department Motion authorizing a one-year service agreement for preventative maintenance and emergency vactor service with ADK Environmental, Inc., of Odem, Texas for a not to exceed of $312,200.00, with two one-year options for a total potential multi-year amount of $936,600.00. This Motion was passed on the consent agenda. Enactment No: M2019-011 11.Amendment to Service Agreement for Pump Service Repairs Motion authorizing an amendment to service agreement No. 1426 for pump service repairs with Smith Pump of Waco, Texas, for a not to exceed amount of $61,115.00 for a revised contract total not to exceed $305,575.00. This Motion was passed on the consent agenda. Enactment No: M2019-012 12.Purchase of Rough Terrain Forklift for Asset Management Motion authorizing the purchase of one 8,000-pound Rough Terrain Forklift from Hlavinka Equipment Company of East Bernard, Texas via Sourcewell Cooperative for a total amount not to exceed $89,309.93. This Motion was passed on the consent agenda. Enactment No: M2019-013 13.Resolution for grant application submittal for Packery Channel Page 6City of Corpus Christi Printed on 1/18/2019 January 15, 2019City Council Meeting Minutes Repairs Resolution authorizing submittal of grant application for the Federal Emergency Management Agency Public Assistance Program in the amount of $15,000,000 for Packery Channel repairs. This Resolution was passed on the consent agenda. Enactment No: 031645 14.Resolution for grant application submittal to the State of Texas division of Emergency Management A Resolution of the City of Corpus Christi, Texas, authorizing the City Manager to act in all matters in connection with the Texas Division of Emergency Management (TDEM) Hazard Mitigation Grant Project (HMGP) for La Volla Creek Improvements and committing the City to provide matching funds to secure and complete the TDEM Hazard Mitigation Grant. This Resolution was passed on the consent agenda. Enactment No: 031646 15.Resolution for grant applications submittal for the Community Development Block Grant (CDBG) Disaster Recovery Grant Program - Non-Housing A Resolution of the City Council of Corpus Christi, Texas, for submission to the General Land Office of a Community Development & Revitalization Hurricane Harvey Non-Housing Project Application for drainage improvement projects. This Resolution was passed on the consent agenda. Enactment No: 031647 16.Resolution for grant applications submittal for the Community Development Block Grant (CDBG) Disaster Recovery Grant Program - Housing A Resolution of the City Council of Corpus Christi, Texas, authorizing the submission of a Community Development & Revitalization Hurricane Harvey Housing Project Application to the General Land Office . This Resolution was passed on the consent agenda. Enactment No: 031648 17.Resolution for Grant Application submittal for Junior Beck Drive Page 7City of Corpus Christi Printed on 1/18/2019 January 15, 2019City Council Meeting Minutes Resolution authorizing submittal of application to the State of Texas Economic Development Administration Office in amount of $5,000,000 for the repair and extension of Junior Beck Drive. This Resolution was passed on the consent agenda. Enactment No: 031649 18.Second Reading Ordinance - Partial Alley Closure between 6th Street and 7th Street, south of Craig Street (1st Reading 1/8/19) Ordinance closing, abandoning and vacating the West 7.5-Feet of a 15-Foot-wide Alley adjoining lots 19 and 20, Block Eleven, Bay View Addition according to map and/or plat thereof recorded in Volume A, Page 24, Map Records of Nueces County, Texas, to comply with specified conditions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031650 19.Second Reading Ordinance - Accepting and appropriating grant funds to support terrorism prevention, preparedness, response and recovery capabilities (1st Reading 1/8/19) Ordinance authorizing acceptance of $37,573.61 grant from Texas Office of the Governor - Homeland Security Grants Division; and appropriating $37,573.61 into Fire Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031651 FUTURE AGENDA ITEMS: (ITEMS 20 - 27)L. Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman stated that staff had planned presentations on Items 24 and 25 through 27. Council members requested information on Items 20, 21 and 23. 20.Reimbursement Resolution for Bond 2018 General Obligation Bonds Resolution relating to establishing the City’s intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of one or more series of tax-exempt obligations to be issued by the City in an aggregate amount not to exceed $96,000,000 for authorized purposes relating to constructing various City improvements; authorizing matters incident and related thereto; and providing an effective date. Page 8City of Corpus Christi Printed on 1/18/2019 January 15, 2019City Council Meeting Minutes This Resolution was recommended to the regular agenda. 21.Professional Services Contract for Alternative Water Supplies Technical Support Motion to authorize execution of a professional services contract with Frank Brogan Consulting of San Antonio, Texas in the amount not to exceed $100,000.00 for the Alternative Water Supplies Technical Support project. This Motion was recommended to the consent agenda. 22.Supply Agreement for the purchase of Automotive Maintenance Parts Motion authorizing a one-year supply agreement for the purchase of automotive maintenance parts with Advance Auto Parts of Corpus Christi, Texas via U.S. Communities cooperative for $240,000, with a one-year option for a total potential multi-year amount not to exceed $480,000. This Motion was recommended to the consent agenda. 23.Purchase of Nine Ford Trucks for Parks and Recreation Department Motion authorizing the purchase of one Ford F-150 extended cab truck, one Ford F-150 crew cab truck and seven Ford F-250 crew cab trucks for Parks and Recreation from Silsbee Ford, Inc. of Silsbee, Texas for a total amount not to exceed $263,588.88. This Motion was recommended to the consent agenda. 24.Purchase of four John Deere mowers for Parks and Recreation Department Motion authorizing the purchase of four John Deere mowers for Parks and Recreation from Deere & Company, of Cary, North Carolina, via BuyBoard cooperative for a total amount not to exceed $80,229.24. This Motion was recommended to the consent agenda. 25.Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Avanti at Page 9City of Corpus Christi Printed on 1/18/2019 January 15, 2019City Council Meeting Minutes South Bluff to be developed by Avanti at South Bluff, LP. This Resolution was recommended to the consent agenda. 26.Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Casa de Manana Apartments to be developed by TG 110, Inc. This Resolution was recommended to the consent agenda. 27.Resolution identifying a development in the La Molina - Near West Existing Conditions Report which will contribute to revitalization efforts Resolution identifying the project known as Casa de Manana Apartments as a development that will contribute most significantly to the concerted revitalization efforts of the City in the La Molina - Near West Area. This Resolution was recommended to the consent agenda. PUBLIC HEARINGS: (ITEMS 28 - 29)N. 28.Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 1902 Lipan Street. Case No. 1018-05 Habitat for Humanity: Request for rezoning a property at or near 1902 Lipan Street from the “IH” Heavy Industrial District to the “RS-4.5” Single-Family 4.5 District. Planning Commission and Staff Recommendation (November 14, 2018): Approval of the change of zoning from the “IH” Heavy Industrial District to the “RS-4.5” Single-Family 4.5 District. Ordinance rezoning property at or near 1902 Lipan Street from the “IH” Heavy Industrial District to the “RS-4.5” Single-Family 4.5 District. Mayor McComb referred to Item 28. Council Member Molina announced he was abstaining from this item. 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 single-family home. Ms. Nixon-Mendez stated that the Planning Commission and staff are in favor of the zoning change. Council members and staff discussed the following topics: that the subject property was annexed in 1852 and has remained undeveloped; opposition to Page 10City of Corpus Christi Printed on 1/18/2019 January 15, 2019City Council Meeting Minutes the zoning change; and the new Harbor Bridge projects near the subject property. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Roy and Council Member Smith 8 - Abstained:Council Member Molina1 - 29.Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 6402 Holly Road. Case No. 1118-01 Kyle McGee: Request for rezoning a property at or near 6402 Holly Road from the “CG-2” General Commercial District to the “CG-2/SP” General Commercial District with a Special Permit. Planning Commission and Staff Recommendation (November 14, 2018): Approval of the change of zoning from the “CG-2” General Commercial District to the “CG-2/SP” General Commercial District with a Special Permit with conditions. Ordinance rezoning property at or near 6402 Holly Road from the “CG-2” General Commercial District to the “CG-2/SP” General Commercial District with a Special Permit with conditions District. Mayor McComb referred to Item 29. Director of Development Nina Nixon-Mendez stated that the purpose of this item is to rezone the subject property to allow for a Special Permit to install and operate a 120 foot monopole wireless communications tower. Ms. Nixon-Mendez stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. There were no comments from Council or the public. Mayor McComb closed the public hearing. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Page 11City of Corpus Christi Printed on 1/18/2019 January 15, 2019City Council Meeting Minutes REGULAR AGENDA: (ITEM 30)O. 30.Second Reading Ordinance - Adopting a Right of Way License Agreement to Allow Parking of Dockless Vehicles (1st Reading 1/8/19) Ordinance authorizing six-month licenses to allow the parking of dockless vehicles in the City’s right-of-way; appropriating the fees received from said licenses into the Dockless Vehicle Fund; and amending the budget. Mayor McComb referred to Item 30. Business Liaison Arlene Medrano stated that the purpose of this item is to authorize six-month licenses to allow the parking of dockless vehicles in the City's rights-of-way. Captain Christopher White was available to respond to questions. Ms. Medrano stated that staff is requesting a motion to amend Section 2 of the agreement to clarify blocking versus blocking access to certain amenities. Mayor McComb called for comments from the public. Blanca Laborde, Senior Manager for Government Partnership with Bird Rides, stated that Bird Rides is thrilled to be in the community and how the community has embraced scooters as a transportation option. Ms. Laborde requested that the fee structure be changed from a fee amount of $1 per day per vehicle to $0.10 per ride. Casey Whittington, Blue Duck Scooters, encouraged the City Council to approve the items as presented. Council members discussed the following topics: how the fee structure was determined; that the current fee structure was proposed by the scooter companies; that the City has been operating in good faith, since scooter companies begain operating in the City in October 2018 to allow scooter companies to operate in City; if the labels on the scooters are a violation of the Highway Beautification Act; the effective date of the ordinance; a council member requested feedback from the Parks and Recreation Advisory Committee regarding scooters operating in nature parks; and the number of scooter companies operating in the United States. Council Member Hernandez made a motion to amend the ordinance as requested by staff, seconded by Council Member Hunter and passed unanimously. Council Member Hernandez made a motion to approve the ordinance as amended, seconded by Council Member Hunter. This Ordinance was passed on second reading as amended and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: 031652 FIRST READING ORDINANCES: (ITEMS 31 - 38)P. Page 12City of Corpus Christi Printed on 1/18/2019 January 15, 2019City Council Meeting Minutes 31.First Reading Ordinance - Interlocal Agreement for reimbursement for MetroCom Dispatch Center Enhancements Ordinance authorizing Interlocal Agreement with Nueces County for $146,671.59 reimbursement for MetroCom Dispatch Center Enhancements; appropriating $146,671.59 from General Fund unreserved fund balance . Mayor McComb referred to Item 31. Police Management Services Director Pat Eldridge stated that the purpose of this item is to authorize an interlocal agreement with Nueces County for a reimbursement to the City in the amount of $146,671.59 for the MetroCom Dispatch Center Enhancements. The City and Nueces County jointly applied for a Homeland Security grant. There were no comments from the Council or the public. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 32.First Reading Ordinance - Accepting and appropriating grant funds for enhancing emergency response capabilities in the Fire Department Ordinance authorizing acceptance of $2,000 grant from Exxon Mobil Corporation for Exxon Mobil’s “Good Neighbor Program”; and appropriating $2,000 into Fire Grant Fund. Mayor McComb referred to Item 32. Fire Chief Robert Rocha stated that the purpose of this item is to accept a grant in the amount of $2,000 from Exxon Mobil Corporation for Exxon Mobil's "Good Neighbor Program". There were no comments from the Council or the public. Council Member Molina 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:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 33.First Reading Ordinance - Accepting and appropriating two grants from the Homeland Security Grant Program Ordinance authorizing acceptance of two grants totaling $85,124.28 from Page 13City of Corpus Christi Printed on 1/18/2019 January 15, 2019City Council Meeting Minutes Texas Office of the Governor - Homeland Security Grant Division, Homeland Security Grant Program; and appropriating $85,124.28 into Fire Grants Fund. Mayor McComb referred to Item 33. Fire Chief Robert Rocha stated that the purpose of this item is to accept two grants totaling $85,124.28 from the Texas Office of the Governor - Homeland Security Grant Division, Homeland Security Grant Program. There were no comments from the Council or the public. Council Member Guajardo made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 34.First Reading Ordinance - Purchase of Ten Chevrolet Tahoe Vehicles for the Fire Department Ordinance authorizing the purchase of ten Chevrolet Tahoe Vehicles from Caldwell Country Chevrolet, LLC, of Caldwell, Texas, via Buyboard for a total amount not to exceed $440,356; appropriating $440,356 from the unreserved fund balance of the General Fund; and amending the budget. Mayor McComb referred to Item 34. Fire Chief Robert Rocha stated that the purpose of this item is to purchase ten Chevrolet Tahoe vehicles for the Fire Department. Funding for the purchase will come from reimbursement received from the Texas Ambulance Supplemental Payment Program (TASPP). The presentation team included: Assistant Director of Financial Services Kim Baker and Assistant Fire Chief Rick Trevino. There were no comments from the public. Council members and staff discussed the following topics: the total reimbursement received through TASPP; if the vehicles are replacement units; the reasons for selecting Chevrolet Tahoe vehicles versus Ford vehicles; if the vehicles being replaced have exceeded their life expectancy; rotation of fleet vehicles; maintenance cost versus value; and the difference between purchasing vehicles via Buyboard or directly from a company. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 35.First Reading Ordinance - Amending membership and expanding duties of the Corpus Christi Museum of Science and History Page 14City of Corpus Christi Printed on 1/18/2019 January 15, 2019City Council Meeting Minutes Advisory Board Ordinance amending Chapter 2 of the Corpus Christi Code to modify Corpus Christi Museum of Science and History Advisory Board membership and expand advisory role. Mayor McComb referred to Item 35. Assistant to the City Manager Esther Velazquez stated that the purpose of this item is to amend the City's Code of Ordinances, Chapter 2, Corpus Christi Museum of Science and History Advisory Board (Museum Board) by eliminating board member nominations by the Friends of the Museum and to enhance member engagement of the Museum Board by expanding their roles and responsibilities. Council members and staff discussed the following topics: a future briefing on the status of the new management of the Museum of Science and History; and the elimination of board member nominations by the Friends of the Museum. Mayor McComb referred to comments from the public. Gloria Scott, 4422 Alameda, requested that the Museum Board promote Africian-American memorabilia located at Solomon Coles High School, Room 102, and Miller High School and increase membership to enhance diversity. Council Member Molina 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:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 36.First Reading Ordinance - Authorizing an Airline Use and Lease Agreement with United Airlines Ordinance authorizing a three-year airline use and lease agreement with United Airlines to be effective as of October 1, 2017, with one two-year option. Mayor McComb referred to Item 36. Director of Aviation Fred Segundo stated that the purpose of this item is to authorize a three-year airline use and lease agreement with United Airlines to be effective as of October 1, 2017, with one two-year option. There were no comments from the public. Council members and staff discussed the following topics: revenue generated from the airline use and lease agreements; the status of the study regarding enplanements and the economic impact of the airport; the status of the FlyCC advertising campaign; and potential marketing of additional air service. Council Member Garza 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: Page 15City of Corpus Christi Printed on 1/18/2019 January 15, 2019City Council Meeting Minutes Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 37.First Reading Ordinance - Right-of-Way License Agreement for a private wastewater collection system and conveyance system force main Ordinance authorizing a Right-of-Way license Agreement with BL Marina Properties, LP, (“Permittee”) to install a private wastewater collection system and conveyance system force main subject to the Permittee's compliance with specified conditions. Mayor McComb referred to Item 37. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to authorize a Right-of-Way License Agreement to allow for the installation of a private wastewater conveyance system force main for a proposed recreational vehicle (RV) park. Ms. Nixon-Mendez provided a layout of the proposed force main. There were no comments from the public. In response to a council member, Ms. Nixon-Mendez stated that Development Services will review the plans and inspect the project. 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:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 38.First Reading Ordinance - Lease Agreement for Dick Runyan Baseball Field at Evelyn Price Park Ordinance authorizing five-year lease agreement with Incarnate Word Academy for the use of Dick Runyan Baseball Field at Evelyn Price Park near 3800 Gollihar Road in consideration of $50 monthly fee and compliance with property maintenance standards. Mayor McComb referred to Item 38. City Secretary Rebecca L. Huerta announced that Council Member Guajardo abstained from this item. Interim Director of Parks and Recreation Becky Perrin stated that the purpose of this item is to authorize a five-year lease agreement with Incarnate Word Academy for the use of Dick Runyan Baseball Field at Evelyn Price Park. The baseball field will be used to operate a high school baseball program. Incarnate Word Academy will pay a monthly lease fee of $40 and will be responsible for maintenance and improvements. There were no comments from the public. In response to Mayor McComb, Ms. Perrin stated that Incarnate Word Academy Page 16City of Corpus Christi Printed on 1/18/2019 January 15, 2019City Council Meeting Minutes will pay the monthly lease fee for 12 months. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Abstained:Council Member Guajardo1 - EXECUTIVE SESSION: (ITEMS 40 - 41)R. Mayor McComb deviated from the agenda and referred to the day's executive sessions. The Council went into executive session at 1:41 p.m. The Council returned from executive session at 3:16 p.m. 40.Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to water supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving water or other utility services, utility rate regulation, reuse, provisions of the Texas Utility Code, TCEQ Regulations, EPA regulations, and other laws and regulations, potential economic development and water-related agreement(s) with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, and potential creation of entities that could provide or assist in the provision of the aforementioned services, pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property for utilization as a potential site for desalination facilities (including, but not limited to, tracts of property adjacent to Corpus Christi Bay) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforementioned business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s), including, but not limited to, potential contracts for the provision of water to said business prospect(s). This E-Session Item was discussed in executive session. 41.Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to Page 17City of Corpus Christi Printed on 1/18/2019 January 15, 2019City Council Meeting Minutes consult with attorneys concerning litigation including, but not limited to, the cases of Amando Figueroa v. City of Corpus Christi, including potential consideration of settlement offers and/or fees for attorneys, engineers, and other expert witnesses assisting in defense of action(s) and updates on litigation in other cases. Mayor McComb referred to Item 41 and the following motion was considered: Motion to authorize the City Manager or designee to execute all documents necessary to settle the claims of Amando Figueroa, Jr. in the lawsuit of Amando Figueroa, Jr. and Carmen Figueroa vs. City of Corpus Christi in the amount of $225,000. Council Member Guajardo made a motion to approve the motion, seconded by Council Member Smith. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: M2019-014 RECESS FOR LUNCHM. The recess for lunch was held during Executive Session Items 40 and 41. BRIEFINGS: (ITEM 39)Q. 39.Alternative Water Supplies Request for Information - Update Mayor McComb referred to Item 39. Water Resource Manager Steve Ramos stated that the purpose of this item is to provide an update regarding the Alternative Water Supplies Request for Information (RFI). Frank Brogan, consultant, presented the following information: an overview of the City Council's recommendation to continue diversification of water supplies; the City's issuance of the RFI with the purpose to find Alternative Water Supplies; the RFI process; the ten responses received including: six for seawater desalination, two for groundwater, two for water reuse, and none for Aquifer Storage and Recharge; the RFI evaluation team; and status on interview process. The new steps including: to finish the interview process; obtain additional information, as needed; and determine a development plan for each source of water including timelines, permits and challenges. Council members discussed the following topic: conservation; pre-location or pre-building efforts regarding industrial reuse; dialogue other communities have with potential new customers regarding incorporating water use and water saving strategies; technology to reduce water use; how conservation impacts water rates in order to cover debt service; determining timelines for each water source; that there were no responses received for Aquifer Storage and Recharge; the cost for desalination; the status of the Aquifer Storage and Page 18City of Corpus Christi Printed on 1/18/2019 January 15, 2019City Council Meeting Minutes Recharge study and test wells; that the City of Corpus Christi is the leader in the region regarding water supplies; and the communities to which the City provides water. IDENTIFY COUNCIL FUTURE AGENDA ITEMSS. None. ADJOURNMENTT. The meeting was adjourned at 3:40 p.m. Page 19City of Corpus Christi Printed on 1/18/2019 CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION * Two (2) Vacancies with terms to 12/31/2021 representing the category of City. Composition Eighteen (18) Directors, of which six (6) are designated by the City of Corpus Christi to represent the public sector; one of which shall be the Mayor of the City of Corpus Christi and another a Council member appointed by the Mayor. The remainder of the Board shall be comprised of not more than eight (8) Directors to represent the private sector elected by the Corporation CorporationS membership in accordance with its bylaws. Representing the public sector, two (2) shall be appointed by the Port of Corpus Christi Authority, and up to two (2) designated by any other governmental entities that each contribute at least $50,000 annually to the Corporation. The Board may also consist of such additional, non-voting, ex -officio Directors as determined by resolution. The directors shall serve not more than two, consecutive, three-year terms as provided in the Corporation bylaws; provided that the term of office of any director who is a public official shall coincide with his or her term of public office. Name Term Appt. date End date Appointing Authority Position Status Category Attendance *Toby Hammett Futrell 1 8/25/2015 12/31/2018 City Council Secretary Seeking reappointment City 11/12 meetings - 91% *William Goldston Partial 3/20/2018 12/31/2018 City Council Seeking reappointment City 5/6 meetings - 83% (1 excused absence) Chad Magill 1 1/10/2017 12/31/2019 City Council Active City Gabriele Hilpold 2 1/27/2015 12/31/2020 City Council Active City Rudy Garza 1 N/A N/A Mayor Joe McComb Term of Office, Voting Active City Joe McComb 1 5/18/2017 N/A Mayor Term of Office, Voting Active City Keith Selman 1 N/A N/A City of Corpus Christi City Manager Active City Application List Name *Curtis T Clark ; District Districts Mrs Rachel P Gomez District 5 James Hernandez Dlstr`ict,3 Lauren M. Hutchison District 4 Diane LarueDistrict4 **Matthew S Manning District 4 Jason Page Distrjct 4 Kaylynn J Paxson District 4 ***Patricia Polastri District2 Diana Summers District 4 Kristie Veit District 5 Abu N M Waheeduzzaman District 5 *Serves on Airport Board. Willing to resign if appointed. **On page 3 of application, he asked to consult with Legal regarding a possible conflict of interest. Per Legal, he does not have a conflict. ***Serves on the Food Advisory Board . Willing to resign if appointed. CITY OF CORPUS CHRISTI Submit Date: Jan 02, 2019 Application for a City Board, Commission, Committee or Corporation Profile Curtis First Name curtisclark@ibc.com Email Address T Clark Middle Intel Last Name 7922 Wolf Dr. Street Address Corpus Christi TX 78414 City Stale Postal Code What district do you live in? 17 District 5 Current resident of the city? Yes r No 20 yrs If yes, how many years? Mobile: (361) 774-8640 Primary Phone IBC Bank Employer 221 S. Shoreline Blvd. Work Address - Street Address and Su le Number Corpus Christi Work Address - City TX Work Atld[ess - $Yate 78401 Work Ad rets -Zip Code Work Atltlress -Zip Code 361.903.7229 Work Phone curtisclark@ibc.com Work Wynn--_ ork E-mail address Mobile: (361) 903-7229 Alternate Phone Treasury Management Bank Officer/Marketing Mgr, Job Title Curtis T Clark Page 1 of 5 Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences Are you a registered voter? r: Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Airport Board, 2nd Vice Chairman Education, Professional and/or Community Activity (Present) International Bank of Commerce "IBC": 2017 EAB past President Advisory Committee 2016 President IBC Employee Advisory Board 2015 President Elect IBC Employee Advisory Board 2014 Vice President IBC Employee Advisory Board 2013 IBC Employee Advisory Board Regent Mary McLeod Bethune Early Child Development Inc.: 2017 Chairman of the Board of Directors 2016 Board Assistant Treasurer Corpus Christi International Airport Board of Directors: 2017 2nd Vice Chairman of CCIA Board of Directors 2015 - Present Member of CC Airport Board of Directors 2016 Airport Board Business Development Sub - Committee Member Harold C. Kaffie Middle School: 2017/2018 Corpus Christi Council of PTAs Board of Directors VP of CCISD Middle Schools 2017/2018 PTA Board President 2016/2017 PTA Board President 2015/2016 PTA Board Secretary United Corpus Christi Chamber of Commerce 2015 -Present 2016 - Present United CC Chamber of Commerce Chamber Champions Vice Chairman Community Options, Inc. Business Advisory Council Board Member 2017 -Present Board Member Boys & Girls Club of the Coastal Bend Board of Directors 2017 -Present Board Member Corpus Christi Black Chamber of Commerce Board of Directors 2014-2016 CC Black Chamber Director of Community Affairs CC Black Chamber Economic Development Chairman Corpus Christi Regional Economic Development Corp. 2014-2016 Committee Board Member Representing CC Black Chamber of Commerce Corpus Christi Mayors Interagency Committee Member 2014 -Present Leadership Corpus Christi Class 46 Steering Committee Member 2017/2018 Leadership Corpus Christi Class 44 Graduate 2016 Corpus Christi Under 40 2015 Honoree Corpus Christi Hispanic Chamber of Commerce Embajadore President 2016 United States Navy 1996- 2001 Veteran If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Port of CC Authority of Nueces County, Texas CC Regional Economic Development Corporation Why are you interested in serving on a City board, commission or committee? Continuing my path as a Servant Leader that will bring about change and diversity that can strengthen our collective thinking to bridge Corpus on into its' future. Curtis T Clark Page 2 of 5 Demographics Gender F7 Male 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 c No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes a No Does your employer or your spouse's employer have a City contract? ✓ Yes c 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 c 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 c No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes 6 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) Curtis T Clark Page 3 of 5 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? t Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r• Yes r No 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. 17 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. !7 I Agree Curtis T Clark Page 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume) 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. f7 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. p I Agree Curtis T Clark Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: May 13, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mrs Rachel Prefix First Name 0100 Email Address P Gomez Name Middle Initial Last Name 6010 Oriental Ave Street Address�-- Corpus Christi TX 78414 City Siete Postal Cade What district do you live in? * rJ District 5 Current resident of the city? 9 Yes r No 28 years If yes., howw many years? Home: (361) 331-1433 Business: (361) 500-6800 ._-_. Primary Phone Alternatee Phone �-. --- Caliber Home Loans Sales Manager___ Employer Job Title 802 N Carancahua Ste.1850 stat.. Work Address - Steet Address and Suite Number Corpus Christi Work Address - qty Texas Wo_Address dress -State 78401 W Work Address - Zip Code 361-500-6800 Work Phone rachel.gomez@caliberhomeloans.com Work E-mail address Mrs Rachel P Gomez Page 1 of 5 Preferred Mailing Address 17 Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted LANDMARK COMMISSION: Submitted MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD: Submitted NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences Are you a registered voter? r' Yes r No 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. Upload a Resume Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Mrs Rachel P Gomez Page 2 of 5 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 r• No Does your employer or your spouse's employer have a City contract? ✓ Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ 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) Question applies to LANDMARK COMMISSION The Landmark Commission must include representatives from certain categories. Do you qualify for any of the following categories? * rr None of the above Mrs Rachel P Gomez Page 3 of 5 Question applies to MUSEUM OF SCIENCE AND HISTORY ADVISORY HOARD The Museum of Science & History Advisory Board must include representatives from certain categories. Do you qualify for any of the following categories? * W Business Community Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (For NCAD) Are you a resident and qualified elector* of the District (Nueces County)? r• Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (NCAD) Have you resided in the District for at least 2 years? r• Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? rr Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? a Yes r No 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 Mrs Rachel P Gomez Page 4 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. 17 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 or in any attachment (e.g. resume) 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. T7 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. IW I Agree Mrs Rachel P Gomez Page 5 of 5 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 dose 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 ExecutiveBranch 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 6010 ORIENTAL AVE COR715 r'alilill. TX 78414 361.331.1433 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: Nov 06, 2018 Application for a City Board, Commission, Committee or Corporation Profile JamesHernandez F rsl Mame last Name Email Address 4630 Larkspur Lane StreeetttAddress Corpus Christi City What district do you live in? * fJ District 3 Current resident of the city? a Yes r No 33 If yees, how manyyyears? Home: (361) 533-8124 Home: (361) 533-8124 Primary Phone Alternate Phone Landmark Electric Company Owner Employer Job Title --- 4630 Larkspur Lane Work Address - Street Atldressesand Suite Number Corpus Christi Work d___. Address - City Texas W Work Address - State 78416 Work _--"Address dd- Zip Code ,Work Code 3615338124 Work Phone Workhonehane Work E-mail address James Hernandez TX Slate 78416 Postal Code Page 1 of 5 Preferred Mailing Address 17 Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted ELECTRICAL ADVISORY BOARD: Submitted ETHICS COMMISSION: Submitted Interests & Experiences Are you a registered voter? 6 Yes r No 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) 2003 Graduate of Moody High School, 2005 Graduate of Craft Training Center of the Coastal Bend both in electrical trades Why are you interested in serving on a City board, commission or committee? I wish to make the city I live in a better place and to gain knowledge of the inner workings of our boards. Demographics Gender 17 Male 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 James Hernandez Page 2 of 5 Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes tr 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 t No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes fi 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 ELECTRICAL ADVISORY BOARD The Electrical Advisory Board must include representatives from certain categories. Do you qualify for any of the following categories? * 17 Master Electrician (minimum five years' experience) I7 Journeyman Electrician (minimum five years' experience) James Hernandez Page 3 of 5 Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r? Yes r No 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. 17 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. 17 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 or in any attachment (e.g. resume) it must be disclosed under the Public Information Act. 1 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. 17 I Agree James Hernandez Page 4 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 James Hernandez Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jan 09, 2019 Application for a City Board, Commission, Committee or Corporation Profile Dr. Lauren M. Hutchison Prefi -- ---- -- Prefix First Name Middle Initial Last Name lauren.hutchison@a tamucc.edu Emal Address 6300 Ocean Drive, Unit 5869 Street Address Corpus Christi City What district do you live in? PI District 4 Current resident of the city? r• Yes- r No -10 If yes, how many yea Home: (512) 423-1168 Business: (361) 825-2034 __. .._. Primary Phone Alternateto Phone Texas A&M University -Corpus Assistant Research Scientist - Christi Social -Ecological Systems Employer ,Joh Title 6300 Ocean Drive, Unit 5869 and uork.er Work Address -Street Address aSu la Number Corpus Christi Work—__City Work Addressss - City TX Work Add AdtlreSiale 78412 Work Address - Zip Code 361-825-2034 Work Phone lauren.hutchison@tamucc.edu Work E-mail address TX 78412 State Postal Cade Dr. Lauren M. Hutchison Page 1 of 5 Preferred Mailing Address F7 Work Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: IVo Education, Professional and/or Community Activity (Present) Education: PhD in Coastal & Marine Science, Texas A&M University -Corpus Christi Community Service: 2013- present, Official, National Ocean Science Bowl, Port Aransas, TX 2015- present, Co-founder, Event Organizer and Liaison, BLUE Gulf Film Competition (now Harte of the Gulf Film Competition) Professional Service: 2017 -present, PLOS ONE Peer Reviewer If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Watershore and Beach Advisory Committee, Regional Economic Development, Downtown Management District Why are you interested in serving on a City board, commission or committee? I recently stepped down as a Trustee of the Coastal Bend Bays Foundation and would like to continue to serve my community in a different capacity. I am interested in keeping up-to-date on local issues, providing expertise when able, and meeting members of my community whom I have yet to meet. I would like to help make CC a better place to live and visit and to highlight the great things going on in our community by being more aware and involved and sharing that experience With others. Upload a Resume Demographics Code of Ethics - Rules of Conduct/Conflicts of Interest Dr. Lauren M. Hutchison Page 2 of 5 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 r• No Does your employer or your spouse's employer have a City contract? ✓ Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ 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 o No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes c 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) Dr. Lauren M. Hutchison Page 3 of 5 Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? * fJ Scientist i.e.,Marine Biologist) Verification City Code Requirement - Residency As aboard, 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 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. 7 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 or in any attachment (e.g. resume) 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. 7 I Agree Dr. Lauren M. Hutchison Page 4 of 5 Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Dr. Lauren M. Hutchison Page 5 of 5 Lauren M. Hutchison Harte Research Institute for Gulf of Mexico Studies Texas A&M University -Corpus Christi (TAMUCC) 6300 Ocean Drive, Unit 5869, Corpus Christi, TX 78412-5869 Phone: 512-423-1168 Email: lauren.hutchison@tamucc.edu STATEMENT OF PURPOSE Focused on improving coastal community resilience and the daily lives of coastal community members • Trained to conduct ecosystem service assessments, ecosystem service valuations, and policy and data analysis • Heavily involved in education and outreach initiatives, including restoration projects, coastal cleanups, and filmmaking • Interested in bridging the gap between scientists, decision makers and other members of society to create on -the - ground, real-world change RESEARCH INTERESTS Coastal ecosystem services • wetland restoration and mitigation • policy analysis • coastal resilience • social and environmental entrepreneurship • stakeholder engagement andianalysis • conservation finance • freshwater inflow and environmental flow • water quality • education and outreach • documentary filmmaking EDUCATION 2016 2011 2007 PhD in Coastal & Marine Science MS in Environmental Science BS in Radio, Television & Film PROFESSIONAL EXPERIENCE May 2018- present Jan 2017- Apr 2018 Jan 2012- Dec 2016 Texas A&M University -Corpus Christi Texas A&M University -Corpus Christi University of Texas -Austin Assistant Research Scientist in Social -Ecological Systems, Harte Research Institute, TAMUCC. ▪ Organize workshops and support research for NAS project on incorporating ecosystem services into logic models for GoM restoration projects • Develop methods for incorporating ecosystem service and socio-economic indicators into the Coastal Community Resilience Index and GoM resolute management Postdoctoral Research Associate, Harte Research Institute, TAMUCC. ▪ Conducted ecosystem service valuations for climate change and freshwater inflow projects • Developed socio-economic indicators to inform GoM decision making • Assessed coastal blue carbon in the Galveston Bay region, TX • Managed multiple simultaneous projects • Mentored graduate students Graduate Research Assistant, Harte Research Institute, TAMUCC. • Perfonned meta-analysis on carbon storage in coastal wetlands to inform blue carbon research initiatives in TX and the GoM • Conducted policy analysis on incorporating ecosystem services into Texas wetland compensatory mitigation • Organized and facilitated focus groups • Designed and implemented surveys Aug 2011- Dec 2011 Adjunct Professor, Department of Humanities, TAMUCC. • Taught Professional Ethics course May 2011- Jun 2011 Jan 2011- May 2011 Aug 2010- May 2011 Jan 2010- Aug 2010 Aug 2009- Dec 2009 Nov 2008- Aug 2009 May 2008- Nov 2008 Sep 2007- May 2008 Sep 2006- Dec 2006 Aug 2006 Jun 2006- Aug 2006 Aug 2004- Dec 2004 Aug 2003- May 2004 Aug 2002- May 2003 Sample Processing Manager, Gulf of Mexico Research Cruise, Harte Research Institute, TAMUCC. • Catalogued and organized samples for BP oil spill follow-up study Graduate Research Assistant, Harte Research Institute, TAMUCC. Graduate Teaching Assistant, College of Science and Technology, TAMUCC. • Taught Introduction to Environmental Science (1401 and 1402) Labs • Coordinated Environmental Science Teaching Assistants Graduate Research Assistant, Harte Research Institute, TAMUCC. • Led interdisciplinary team to develop an Ecosystem -based Management Plan for the Nueces Estuary, TX Graduate Teaching Assistant, College of Science and Technology, TAMUCC. • Taught Introduction to Environmental Science (1401) Lab Development Associate, Bat Conservation International. • Managed EarthShare workplace giving campaign • Assisted with research, writing and logistics related to grants • Ensured state registrations were filed on time Workshop Coordinator, Bat Conservation International. • Coordinated bat conservation workshops and education and outreach initiatives Intern, Bat Conservation International. • Organized and consolidated databases and filing systems • Researched materials and funding opportunities for programs and projects Laboratory Technician, Aqua Tech Laboratories. • Calibrated instruments • Conducted water quality analysis according to USEPA QA/QC guidelines • Prepared materials for daily collection routes Laboratory Assistant, Omega Gulf of Mexico Research Cruise, University of Texas Marine Science Institute. Laboratory Technical Assistant, University of Texas Marine Science Institute. • Prepared samples for sediment and tissue constituent analysis • Assisted with marsh fieldwork • Edited documentaries on the Arctic & Antarctic Video Editor, Watershed Productions. • Edited nature documentaries • Catalogued inventory to incorporate into database • Reviewed existing projects for incorporation into interactive DVD Administrative Assistant, Editorial Department, University of Texas Press. • Updated filing system • Processed paperwork • Organized mail -outs Camera Operator, Faculty Innovation Center, Cockrell School of Engineering, The University of Texas at Austin. • Operated switchboard • Posted live classes on the web PUBLICATIONS Hutchison, L.M. Wetland Compensatory Mitigation in Texas: Opportunities to Enhance and Incorporate Ecosystem Services. In prep. Hutchison, L.M., J.B. Pollack, K. Swanson, and D. Yoskowitz. 2018. Operationalizing Blue Carbon in the Mission - Aransas National Estuarine Research Reserve, TX. Coastal Management Journal. D OI: 10.1080/08920753.2018.1474068 Hutchison, L.M., P.A. Montagna, D. Yoskowitz, D. Scholz and J. Tunnell. 2013. Stakeholder Perceptions of Coastal Habitat Ecosystem Services. Special Issue on the Human Dimensions of our Coasts: Estuaries and Coasts. TECHNICAL REPORTS Yoskowitz, D. and L.M. Hutchison. 2018. Ecosystem Services Assessment of Freshwater Inflow to Texas Estuaries. Final Report submitted to the Meadows Center for Water and the Environment. Texas A&M University - Corpus Christi, Harte Research Institute for Gulf of Mexico Studies, 51 pp. Yoskowitz, D. and L.M. Hutchison. 2018. Incorporating Bliie Carbon into Ecosystem Service Valuations for the Galveston Bay Region, Texas. Final Report submitted to Restore America's Estuaries. Texas A&M University - Corpus Christi, Harte Research Institute for Gulf of Mexico Studies, 26 pp. Montagna, P.A., L.M. Hutchison, D. Scholz, T. Palmer, S. Arismendez and D. Yoskowitz. 2011. Nueces Estuary Ecosystem Management Initiative: An Ecosystem Services -based Plan. Final Report submitted to the Coastal Bend Bays & Estuaries Program for project number 1018. Texas A&M University -Corpus Christi, Harte Research Institute for Gulf of Mexico Studies, 170 pp. ABSTRACTS AND PRESENTATIONS *denotes invited talk Coffey, K., J. Hamilton, L.M. Hutchison, S. Mason, L. Olander, C. Shepard, H. Tallis, K. Wamell, K. Wowk and D. Yoskowitz. Ecosystem Service Logic Models and Metrics for Gulf Restoration: Linking Project Outcomes to Economic, Health and Wellbeing Benefits for People. Poster presented at: Gulf Estuarine Research Society. Galveston, TX, USA. November 8, 2018. Hutchison, L.M., J. Cebrian, A. Macy and D. Yoskowitz. Carbon Storage in Northern Gulf of Mexico Salt Marshes and Mangroves. Blue Carbon Research Exchange Workshop. Mission -Aransas National Estuarine Research Reserve. Corpus Christi, TX, USA. September 19, 2018.* Hutchison, L.M., Wowk, K., Coffey, K., and D. Yoskowitz. Incorporating Socio -Behavioral -Economic and Ecosystem Service Indicators into the Coastal Resilience Index. Coastal Bend Watershed Resilience Education B - WET Program. Resilient Coastal Communities Panel. Texas State Aquarium. Corpus Christi, TX, USA. June 15, 2018. * Hutchison, L.M., Wowk, K., Coffey, K., and D. Yoskowitz. Incorporating Socio -Behavioral -Economic and Ecosystem Service Indicators into the Coastal Resilience Index. Gulf of Mexico Alliance All Hands Meeting. Wildlife and Fisheries Priority Issue Team meeting. St. Petersburg, FL, USA. June 13, 2018. Hutchison, L.M. Wetland Ecosystem Services and Values. Wetlands and Water Quality Course. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. April 18, 2018. * Wowk, K., Yoskowitz, D., and L.M. Hutchison. Tips for Your Thesis/Dissertation Defense: Panel discussion and Q&A. Workshop for Graduate Students. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. March 6, 2018. * Hutchison, L.M. Operationalizing Coastal Wetland Ecosystem Services for Enhanced Decision Making and Resilience. Coastal and Marine Systems Course. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. February 13, 2018. * Hutchison, L.M. Stacking Ecosystem Services. Wetlands Conservation Finance: Texas Style Workshop. Mission - Aransas National Estuarine Research Reserve. Corpus Christi, TX, USA. December 19, 2017. Yoskowitz, D., Hutchison, L.M., Ramenzoni, V., Wowk, K., Coffey, K., and D. Del Angel. Socio -Economic Observing System. Interactive poster presented at: National Estuarine Research Reserve System/Association Annual Meeting, Corpus Christi, TX, USA. November 13, 2017. Hutchison, L.M. Operationalizing Coastal Wetland Ecosystem Services for Enhanced Decision Making and Resilience. Marine Botany Course. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. November 09, 2017. * Hutchison, L.M. and D. Yoskowitz. Development of a Transferable Valuation Tool for Ecosystem Services associated with Freshwater Inflow in Texas. Coastal and Estuarine Research Federation (CERF). Providence, RI, USA. November 6, 2017. Hutchison, L.M and V. Ramenzoni. Stakeholder Perceptions of Coastal Habitat Ecosystem Services in the northern Gulf of Mexico. Gulf of Mexico Alliance (GOMA) All Hands On Meeting. Houston, TX, USA. March 30, 2017. * Hutchison, L.M. and D. Del Angel. Designing a Scientific Poster. Scientific Poster Design Workshop for Undergraduates. Hosted by SACNAS TAMUCC Chapter. Corpus Christi, TX, USA. February 16, 2017. * Hutchison, L.M., D. Yoskowitz, J. Pollack and J. Cebrian. Operationalizing Blue Carbon in the Mission -Aransas National Estuarine Research Reserve, TX. Poster presented at: Sixth Annual Marine Science Graduate Student Organization Student Research Forum. Corpus Christi, TX, USA. December 2, 2016. Hutchison, L.M., D. Yoskowitz, J. Pollack and J. Cebrian. Operationalizing Blue Carbon in the Mission -Aransas National Estuarine Research Reserve, TX. Poster presented at: National Estuarine Research Reserve System/Association Annual Meeting. Williamsburg, VA, USA. November 14, 2016. Hutchison, L.M. Operationalizing Coastal Wetland Ecosystem Services for Enhanced Decision Making and Resilience. Dissertation Seminar. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. October 25, 2016. Hutchison, L.M., J. Cebrian, A. Macy and D. Yoskowitz. Carbon Storage in Northern Gulf of Mexico Salt Marshes and Mangroves. NOAA EPP Eighth Biennial Education and Science Forum. The City College of New York. New York, NY, USA. August 30, 2016. Hutchison, L.M. and C. Santos. Coastal Blue Carbon in the Gulf of Mexico. Blue Carbon Calculator and Ecosystem Services Workshop. Mission -Aransas National Estuarine Research Reserve. Port Aransas, TX, USA. May 31, 2016. * Hutchison, L.M. Incorporating Ecosystem Services into Wetland Mitigation Practices in Texas. Poster presented at: Mitigation and Ecosystem Banking Conference. Fort Worth Convention Center. Fort Worth, TX, USA. May 12, 2016. Hutchison, L.M. Diving the Flower Garden Banks National Marine Sanctuary. Scuba Club. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. October 1, 2015. * Hutchison, L.M. Assessing the Potential to Incorporate Ecosystem Services into the Coastal Wetland Mitigation Process in Texas. Poster presented at: Mitigation and Ecosystem Banking Conference. Rosen Centre. Orlando, FL, USA. May 6, 2015. Hutchison, L.M., J. Cebrian, A. Macy and D. Yoskowitz. Meta-analysis of Carbon Storage in Gulf of Mexico Salt Marshes and Mangroves. Poster presented at: A Conference on Ecosystem Services (ACES). Crystal Gateway Marriot Hotel. Arlington, VA, USA. December 10, 2014. Hutchison, L.M., J. Cebrian, A. Macy and D. Yoskowitz. Linking Structural and Process -based Attributes of Salt Marshes and Mangroves to Ecosystem Service Provision. Bays and Bayous Symposium. Mobile Convention Center. Mobile, AL, USA. December 2, 2014. Hutchison, L.M. Linking Coastal Wetland Functions to Ecosystem Services for Enhanced Decision-making and Resilience. Graduate Scholarly Works Symposium. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. April 11, 2014. Hutchison, L.M. Linking Coastal Wetland Functions to Ecosystem Services for Enhanced Decision-making and Resilience. Research Proposal Seminar. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. April 4, 2014. Hutchison, L.M. and B. Blomberg. Making Films About Science. Marine Benthic Ecology Course. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. February 11, 2014. * Hutchison, L.M. and D. Yoskowitz. Public Perceptions of Coastal Ecosystem Service Values: A Gulf of Mexico - wide Survey. Coastal and Estuarine Research Federation (CERF). San Diego, CA, USA. November 4, 2013. Hutchison, L.M. Community Involvement Opportunities to Enhance Water Quality. AVEDA Institute Assembly. Corpus Christi, TX, USA. April 4, 2013. * Hutchison, L.M. Operationalizing Ecosystem Services. S&E Graduate Student Research Forum. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. December 7, 2012. Hutchison, L.M. Costa Rica: Culture, Conservation, and Payments for Ecosystem Services. Tropical Ecology Course. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. November 8, 2012. * Hutchison, L.M. Ecosystem Services, Environmental Economics and Social Entrepreneurship??. Algernon Sydney Sullivan Foundation Service & Social Entrepreneurship Summer Institute. Tamarindo, Costa Rica. June 20, 2012. * Hutchison, L.M., P.A. Montagna, and D. Yoskowitz. Multiple Perspectives on Stakeholder Perceptions of Coastal Habitat Ecosystem Services for Improved Ecosystem -based Management. NOAA EPP Sixth Education and Science Forum. Tallahassee, FL, USA. March 26, 2012. Hutchison, L.M., D. Scholz and P.A. Montagna. Stakeholder Perceptions of Ecosystem Services of Coastal Habitats. Coastal and Estuarine Research Federation (CERF). Daytona Beach, FL, USA. November 9, 2011. Hutchison, L.M., D. Scholz and P.A. Montagna. Prioritization of Habitat Management Areas using Stakeholder Analysis of Ecosystem Services within a GIS Framework. A Conference on Ecosystem Services (ACES). Phoenix, AZ, USA. December 8, 2010. EDUCATIONAL MEDIA 2014 Biodiversity and Ecosystem Services. Beneath the Waves Film Festival. March 2014. 2013 Ecosystem Services of the Ocean. Beneath the Waves Film Festival. Savannah, GA & San Diego, CA. March 2013. Universidado do Algarve, Faro, Portugal. October 2013. Cinefish Film Festival. Corpus Christi, TX. November 2013. 2011-2013 Sink Your Shucks. Beneath the Waves Film Festival. Mobile, AL. March 2011. Coastal Carolina University, Conway, SC. September 2013. Cinefish Film Festival. Corpus Christi, TX. November 2013. 2009 The Dead Zone. Hydrograf(x) Competition, Consortium of Universities for the Advancement of Hydrologic Science, Inc., Washington, D.C. WORKSHOPS ORGANIZED Oct -Nov 2018 June 13 2018 May 15-16 2018 May 182017 Dec 19 2017 June 14 2010 Gulf of Mexico Ecosystem Services Logic Models and Socio -Economic Indicators: Oyster Restoration Workshop. Charlotte Harbor, FL, Ocean Springs, MS, Mobile, AL, New Orleans, LA, Galveston, TX. Incorporating Ecosystem Services and Socio -Behavioral -Economic Indicators into the Coastal Community Resilience Index. Hosted at GOMA All Hands 2018 meeting. St. Petersburg, FL. Socio -Behavioral -Economic Indicators Workshop. Hosted at the Harte Research Institute for Gulf of Mexico Studies. Corpus Christi, TX. Socio -Economic Indicators Workshop. Hosted at the Harte Research Institute for Gulf of Mexico Studies. Corpus Christi, TX. Wetlands Conservation Finance: Texas Style Workshop. Hosted by Mission -Aransas National Estuarine Research Reserve. Corpus Christi, TX. Nueces Estuary Ecosystem Management Initiative: An Ecosystem Services Based Plan. Workshop for Coastal Bend Bays & Estuaries Program. Hosted at the Harte Research Institute for Gulf of Mexico Studies. Corpus Christi, TX. WORKSHOPS ATTENDED *denotes invited participation Sep 19 2018 Research Exchange on Blue Carbon. Hosted by Mission -Aransas National Estuarine Research Reserve. Corpus Christi, TX.* May 30-31 2018 Apr 30 -May 1 2018 Oct24-25 2017 Mar 15 2017 Feb 15 2017 Jan 12 2017 May 31 2016 Social Indicators and Civic Engagement Symposium. Biloxi, MS.* Gulf of Mexico Climate and Resilience Outreach Community of Practice Workshop. Port Aransas, TX. Planning and Facilitating Collaborative Meetings Workshop. Hosted by Mission -Aransas National Estuarine Research Reserve. Corpus Christi, TX. Blue Carbon: Taking Next Steps Gulf Regional Workshop. Hosted by Restore America's Estuaries. New Orleans, LA. Broader Impacts Identity Workshop. Hosted by the Office of Community Outreach at Texas A&M University- Corpus Christi. Corpus Christi, TX. Behavior Change Marketing Workshop. Hosted at the Mission -Aransas National Estuarine Research Reserve. Port Aransas, TX. Blue Carbon Calculator and Ecosystem Services Workshop. Hosted at the Mission - Aransas National Estuarine Research Reserve. Port Aransas, TX.* Nov 05 2015 Blue Carbon Workshop. Hosted at the Mission -Aransas National Estuarine Research Reserve. Port Aransas, TX. * July 16 2013 Restoring the Gulf After Deepwater Horizon: Implementing the RESTORE Act in Texas. Hosted by Texas Sea Grant and the Environmental Law Institute. Port Aransas, TX. Feb 28 2013 Texas Mangrove Research Symposium. Hosted at the Mission -Aransas National Estuarine Research Reserve. Port Aransas, TX. May 23-25 2012 Research Coordination Network (RCN) for Climate, Energy, Environment, and Engagement in Semiarid Regions (CE3SAR) Kick-off Charette. Hosted at the Southwest Research Institute. San Antonio, TX. Jan 30 2012 Climate Change Communication Workshop. Workshop for the Coastal Training Program of the Mission -Aransas National Estuarine Research Reserve. Hosted at the University of Texas Marine Science Institute. Port Aransas, TX. Jan 24-26 2012 Integrating Ecosystem Services into Restoration Decisions for the Gulf of Mexico Workshop. Hosted at the Harte Research Institute for Gulf of Mexico Studies. Corpus Christi, TX. Jtine 28 2011 Water Words that Work. Weeks Bay Foundation. Hosted at the University of Texas Marine Science Institute. Port Aransas, TX. May 16-17 2011 NOAA/ECSC Coupled Ecological -Societal Systems Modeling (CESSM). Workshop for the Mission -Aransas National Estuarine Research Reserve. Hosted at the University of Texas Marine Science Institute. Port Aransas, TX. April 29 2011 Public Comment Session. Texas State Coastal Program Assessment and Strategies Report for 2011-2015. Workshop for Texas General Land Office. Hosted at the Harte Research Institute for Gulf of Mexico Studies. Corpus Christi, TX. COMMUNITY SERVICE 2013- present National Ocean Science Bowl, Port Aransas, TX Official (2013, 2014, 2016, 2017) 2015- present BLUE Gulf Film Competition (now Harte of the Gulf Film Competition) Co -Founder and Event Organizer (2015) Judge and Liaison (2017) 2017- present 2010-2018 2017 2017 2016 PLOS ONE Peer Reviewer Coastal Bend Bays Foundation Executive Vice President (2013- 2015) Visions Committee member (2012- 2014) Environmental Projects Committee Chair (2010- 2014) Marine Science Graduate Student Organization Student Research Forum Judge Diocese of Corpus Christi Science Fair Judge BLUE On Tour -Corpus Christi Film Festival Event Organizer 2012- 2015 Corpus Christi Bay TMDL Stakeholder 2011- 2012 Scuba Club, TAMUCC 2010- 2012 San Antonio Bay Partnership Stakeholder 2009- 2012 Marine Science Graduate Student Organization, TAMUCC Fundraising Committee Chair (2009- 2010) AWARDS 2016 First Place Poster Presentation. Sixth Annual Marine Science Graduate Student Organization Student Research Forum. Corpus Christi, TX, USA. 2013 Third Place Video, "Sink Your Shucks", Cinefish Film Festival, 66th Gulf and Caribbean Fisheries Institute, Corpus Christi, TX, USA. 2012 Honorable Mention for Oral Presentation. Resilient Coastal Communities and Economies Session. NOAA EPP Sixth Education and Science Forum. Tallahassee, FL, USA. 2011 Best Conservation Film, "Sink Your Shucks", Beneath the Waves Film Festival, Benthic Ecology Meeting, Mobile, AL, USA. 2009 Best Video for a General Audience, Hydrograf(x) Competition, "The Dead Zone, a story of seasonal hypoxia near the Mississippi river outflows", Consortium of Universities for the Advancement of Hydrologic Science, Inc., Washington, D.C., USA. GRANTS 2018 2018-2020. Co -Principal Investigator. Texas Coastal Management Program (CMP) Grant Cycle #23. Assessment and economic valuation of nitrogen mitigation in Texas Coastal Bend restored marsh. Lin Zhang (co -PI). $98,877. 2017 2018-2019. Co -Principal Investigator. Gulf of Mexico Alliance. Gulf Star Award. Incorporating Socio -Economic and Ecosystem Service Indicators into the Coastal Community Resilience Index. David Yoskowitz (co -PI). $67,800. SCHOLARSHIPS 2016 TAMUCC Coastal and Marine System Science Program Travel Award to attend the National Estuarine Research Reserve System/Association Annual Meeting. Williamsburg, VA. 2015 TAMUCC Graduate Studies Scholarship. 2014- 2015 Harte Research Institute for Gulf of Mexico Studies Fellowship. 2014 Travel Fund Award to attend National Mitigation and Ecosystem Banking Conference. Denver, CO. 2013 ELITE Program Travel Fund Award to attend CERF Conference. San Diego, CA. 2012 Algernon Sydney Sullivan Foundation Fellowship to attend the Service & Social Entrepreneurship Summer Institute in Costa Rica and mentor students. 2012 TAMUCC Graduate Studies Scholarship. 2011 Earl C. Sams Endowed Graduate Scholarship. 2010 USDA/TxHSIC Scholarship to attend a Field Tour of the western United States for students considering careers with federal public land agencies. 2010 Center for Coastal Studies, Millicent Quammen Memorial Scholarship to attend ACES Conference. Phoenix, AZ. 2010 ELITE Program Travel Fund Award to attend ACES Conference. Phoenix, AZ. 2010 Scholarship to attend Restore America's Estuaries Conference. Galveston, TX. 2001- 2005 Baumberger Scholarship. GRADUATE STUDENT SUPERVISION Current Student Degree Expected Graduation Date Triple Powers M.S. May 2018 PROFESSIONAL SOCIETY MEMBERSHIPS 2013- present Gulf Estuarine Research Society 2015- 2016 Texas Outdoor Writers Association (Student Member) SKILLS Programs Scuba ArcGIS, IMP, R, Primer, Final Cut Pro, Photoshop Master diver, Nitrox / CPR / first aid /AED certified Scientific Diver in Training (AAUS) Documentarian Photographer, videographer, traveler and researcher CITY OF CORPUS CHRISTI Submit Date: Mar 30, 2018 Application for a City Board, Commission, Committee or Corporation Profile Diane First Name Email Address 426 Cape Lookout StreetAddress Corpus Christi City What district do you live in? {J District 4 Current resident of the city? s- Yes r No 24 II yes, how many years? Mobile: (361) 813-6683 Primary Phone 426 Cape Lookout Work Addresy - Street Address and Suite Number Work E-mail address Larue Last Name Mobile: (361) 813-6683 Alternate Phone Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? TX State 78413 Postal Cade 4 AIRPORT BOARD: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted Interests & Experiences Diane Larue Page 1 of 4 Are you a registered voter? s Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) United Corpus Christi Chamber of Commerce Trustee PanAmerican Round Table of Corpus Christi Why are you interested in serving on a City board, commission or committee? I heard the Mayor's State of the City address and I want to lend my talents to help Corpus Christi in any way I can. Upload a Resume Demographics Gender I7 Female 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 r' No Does your employer or your spouse's employer have a City contract? ✓ Yes r•' No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r• No Diane Larue Page 2 of 4 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. NA Board -specific questions (if applicable) Verification Diane Larue Page 3 of 4 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. 17 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 or in any attachment (e.g. resume) 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. 7 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 7 I Agree Diane Larue Page 4 of 4 2017 -present Trustee, United Corpus Christi Chamber of Commerce Foundation 2000-2001 Leadership Corpus Christi, Class 29 Graduate 2004-2005 Class 33 Steering Committee Member 2016-2017 Class 45 Steering Committee Member 2015 -present Volunteer, Gloria Hicks Elementary School 2003 -present Member, Pan American Round Table of Corpus Christi First Associate Director 2011-2013 Fourth Associate Director 2005-2007 2017 Guest Artist, District 32 Texas House Christmas Tree 2009-2017 Member, South Texas Botanical Gardens Executive Board 2007-2012 Co. 2007 -present Member, Beach Management Adv. Committee, Nueces Member, Port Aransas Garden Club President 2009-2011 Second Vice President 2008-2009 2007-2011 Member Parish Council, St. Joseph's Church, Port Aransas 2000 -present Member, Blessed Sacrament Auxiliary, Corpus Christi President 2003-2015 2003 Corpus Christi All America City delegate 2003-2006 Chairman & Board Member, Mission 911, Corpus Christi 1994-2007 Incarnate Word Academy, Corpus Christi Substitute Teacher, Gala Co -Chair, PTO Secretary, etc. 1994-2002 New Neighbors League, Corpus Christi Director Area Manager, President, Ways & Means Chair, Art 1994-2002 St. Philip the Apostle Church, Corpus Christi Parish Council Chair, Liturgy Comm., Ministry Coordinator 1994-1996 American Heart Association Board Member 2014 -present Heart Ball Co -Chair 2016 CITY OF CORPUS CHRISTI Submit Date: Sep 09, 2018 Application for a City Board, Commission, Committee or Corporation Profile MatthewS Manning First Name Middle Initial Last Name Email Address 517Monette Dr. Street Address Corpus Christi Qty What district do you live in? * 17 District 4 Current resident of the city? t'• Yes r No 5 _--_ many _. 11yes, howw manyeaears? Mobile: (512) 431-9810 Business: (361) 888-0324 Primary PhoneAlternate P Phone Nueces County District Attorney's Office Employer 901 Leopard St., Rm. 206 Work Address Street Address and Suite Number Corpus Christi - ee Work Addresss- City TX Work Address Stzta 78401 _._. Steer Steer_. Work Address - Zip Code (361) 888-0324 Work Phone matthew.manning@nuecesco.com Work E mail address First Assistant District Attorney Job Tittle TX 78412 State Postal Code Matthew S Manning Page 1 of 5 Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted HOUSING AUTHORITY: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences - Are you a registered voter? r: Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) I currently serve on the Board of Directors for the Corpus Christi Young Lawyer Association. I previously served as a volunteer teacher for the Corpus Christi Literacy Council, teaching citizenship classes jo lawful permanent residents (LPRs). I am not otherwise involved in any community organizations, but I intend to increase my involvement in the community in the coming months. Why are you interested in serving on a City board, commission or committee? I am interested in serving on a City board, commission, or committee simply because I want to take a - more active hand in shaping this community in which I live. As an attorney, I not only have the privilege of being trained in the law, but I believe I am also charged with the obligation to use that training to help others. The boards and commissions for which I am applying are those on which I believe I can use my legal training to help the citizens of Corpus Christi most effectively and substantially, as those boards and commissions make the kinds of decisions where legal expertise in the decision making process is invaluable. Upload a Resume Demographics Gender W Male Matthew S Manning Page 2 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? a Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes a No Does your employer or your spouse's employer have a City contract? ✓ Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes a 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 n No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. There are times where the Nueces County District Attorney's Office is a party to lawsuits'`alongside the City. I am not aware of any such litigation currently pending; however, historically, there have been times where it has been brought to my attention that our office was being sued and the City is a part. Generally, when that occurs, the Nueces County County Attorney's Office represents our office (and thus I'm not actively "involved" in any such litigation; however, I would like to speak to the City's Legal Department to determine whether that constitutes a conflict. Board -specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE The CCCIC/Loan Review Committee must include representatives from certain categories. Do you qualify for any of the following categories? 17 Legal 9 Matthew S Manning Page 3 of 5 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Ague Dulce, San Patricio, Port Aransas and Robstown) r• Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r• No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? t ,Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX (For.Port of CC) Have you been a resident of Nueces County for at least 6 months? c Yes r No Verification Matthew S Manning Page 4 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. PJ 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. 17 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 or in any attachment (e.g. resume) 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. M I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17' I Agree e Matthew S Manning Page 5 of 5 Matthew (Matt) S. Manning 517 Monette Dr., Corpus Christi, TX, 78412 • (512) 431-9810 • milminmegmes BAR MEMBERSHIPS State of Texas November 2012 EDUCATION The University of Toledo College of Law – Toledo, OH ]uric Doctor Activities: President, Black Law Student Association; Treasurer, The International Law Society Honors: Finalist, Charles W. Fornoff Appellate Advocacy Competition; Vincent L. Barker Intellectual Property Scholarship Recipient; Member, The Order of Barristers Texas Tech University School of Law – Lubbock, TX Activities: Historian, Black Law Student Association; Competitor, 35thJ. Braxten Craven, Jr. Memorial Competition; Top Oralist, Board of Barristers Advanced Mock Trial Competition August 2012 August 2011—May 2012 Howard University – Washington, DC December 2008 Bachelor of Arts, Major in Political Science, Minor in Economics Activities: The Society of Collegiate Black Men, HU Student Association, Phi Mu Alpha Sinfonia Fraternity of America, Inc. Honors: Howard University Academic Dean's List, Howard University Academic Trustee Scholarship PROFESSIONAL EXPERIENCE 105th Judicial District (Nueces County) – First Assistant District Attorney – Corpus Christi, TX January 2017—Present • Manage all aspects of the trial activities of the Nueces County District Attorney's Office, leading approximately 45 prosecutors; 32 staff members; 4 investigators; and all of the interns working for and affiliated with the office. Maintain a robust caseload of high-profile, complex media cases, including capital murders, murders, sexual offenses, and intoxication offenses. • Manage all aspects of the public and media relations of the office, including conducting interviews with local and national media outlets. • Provide advice and counsel to the District Attorney and all law enforcement agencies within Nueces County. The Law Offices of Mark A. Gonzalez – Associate Attorney – Corpus Christi, TX January 2015—Present • Represented clients accused of crimes in all levels of state and municipal courts, as well as in personal injury, family, and other types of cases. Resolved cases through trial, plea negotiation, and reviewing correspondence. 105th Judicial District (Nueces County) – Assistant District Attorney – Corpus Christi, TX October 2013—Jan. 2015 • Resolved cases through trial, plea negotiation, and reviewing correspondence. Was assigned to one of the,five County Courts (misdemeanor courts) in addition to the Nueces County Veterans Court (along with two other prosecutors): a "specialty" court designed to provide treatment for veterans of the U.S. Armed Forces with cases related to injuries sustained during their military service. City of Corpus Christi Legal Department – Assistant City Attorney – Corpus Christi, TX February—October 2013 • Prosecuted Class C misdemeanors and city ordinance violations on behalf of the City. • Resolved, on average, 250 cases per week, through trial, negotiation, and reviewing correspondence. • Dedicated 25 hours per week to in -court arguments, including jury and bench trials, motions hearings, appeals, and arraignments. City of Austin Law Department – Law Clerk – Austin, TX May—July 2011 • Wrote legal memoranda for an office of over fifty attorneys covering all aspects of the operation of a state capital city with a population of almost one million. Work product topics included: legislative drafting, elections, transportation, employment law, economic development, deceptive trade practices, freedom of speech, and government contracts. PROFESSIONAL AFFILIATIONS & AWARDS Corpus Christi Young Lawyer Association, Board Member Corpus Christi Bar Association, Member Corpus Christi Literacy Council, Former Volunteer Teacher Coastal Bend Criminal Defense Lawyers Association (CBCDLA) – 2016 Criminal Defense Lawyer of The Year CITY OF CORPUS CHRISTI Submit Date: Sep 21, 2018 Application for a City Board, Commission, Committee or Corporation Profile Jason Page __- First Name Last Name Email Address 3515 Floyd Street Street ___._.. Street Address Corpus Christi City What district do you live in? * fJ District 4 Current resident of the city? r• Yes r No 34 If yes bow many yearse Mobile: (361) 688-6601 Primary Phone Business: (361) 589-9050 Alternate Phone Self Employed Photographer Owner / Principal employer Job rile 715 S Tancahua _-. _ Number Work Address Street Address and Suite Number Corpus Christi Work. _Wore Work Address- City TX _ Work Address - State 78401 Work Address - Zip ZipCode 3615899050 Work Phone Work E-mail address TX State 78411 Postal Code Jason Page Page 1 of 5 Preferred Mailing Address IJ Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted CIVIL SERVICE BOARD: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted PLANNING COMMISSION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any other board, commission, or committee. Education, Professional and/or Community Activity (Present) Currently involved with the American Advertising Federation, Affiliate with the Corpus Christi Association of Realtors, Why are you interested in serving on a City board, commission or committee? I am a fourth generation Corpus Christian raising a fifth generation and want to be able to be more involved in making Corpus Christi a better place for everyone. Upload a Resume Demographics Gender W Male 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 Jason Page Page 2 of 5 Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r• No Does your employer or your spouse's employer have a City contract? ✓ Yes a 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 9 No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes c 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 ARTS S. CULTURAL COMMISSION The Arts & Cultural Commission must include representatives from certain categories. Do you qualify for any of the following categories? 17 Visual Arts (painting, sculpture, arts media) i7 Marketing Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided in the City for at least 3 years? a Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? r Yes r• No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? r• Yes r No Jason Page Page 3 of 5 Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? * lq Restaurant Industry 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 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 Jason Page Page 4 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. 17 I Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume) 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 InformatioQ Act. iJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. TJ I Agree Jason Page Page 5 of 5 JASON PAGE 715 S. Tancahua Corpus Christi, Texas 78401 1 361-589-9050 1 http://j_asnadawidpagesotn SUMMARY Freelance photographer with experience in digital and film, as well as medium format photography. Available 24 hours a day. Specialty equipment can typically be ordered in overnight for time critical projects. Currently searching for architects, commercial builders, industrial builders and Realtors who are interested in upping their marketing game with quality photography Experienced: Photojournalism, Events, Weddings, Portraiture, Corporate Identity & Headshots, Real Estate, Product & Food, Commercial Promotional EXPERIENCE JASON PAGE FREELANCE PHOTOGRAPHER 03 / 2010 - Present Owner, Principal I am the principal photographer and am responsible for the day-to-day operations as well as marketing and customer satisfaction. I have built up one of the best-known names for wedding photography in the South Texas area, and pride myself on handmade images, limited bookings and one-on-one client contact. I also have become the leader in Real Estate photographer for several local agencies and top agents in the Corpus Christi metro area, and provide these agents with superb images to help market their listings more effectively, while reducing the initial listing workload. HOEGEMEYER'S BARBEQUE BARN 01 / 2013 - Present Business Development Responsible for the ongoing acquisition and cultivation of new customers and ongoing clients. Created long range forecasts based on current and past sales data and targeted marketing efforts to help secure these goals. Used multiple paths of marketing to brand business as a destination for barbeque in the Coastal Bend. SOUTHERN TECHNICAL CONTROL 03/2012 - Present Inventory & Production Management Consultant I currently consult with the company management regarding their Inventory and Production. Inventory Management - I have developed a best practices workflow and worked with the employees responsible for purchasing and inventory to better their skills at tracking inventory as it is ordered, entered into their system, and sent out. I have also worked on streamlining their accounting system to remove duplicate inventory items and create items that didn't exist. Production Management - I have worked with the management to implement a series of methods for tracking production, both in the product manufacturing and field service aspects of the business. I have implemented various in-house databases to help the company keep track of their current and past production SOUTHERN TECHNICAL CONTROL 10/2008-03/2010 Purchasing Manager Handled inventory levels, bought and sold obsolete and used parts, part repairs, sourced parts for 20+ field service personnel, billed parts used on various projects as well as estimated parts to be used on projects. NUECES STONE QUARRY 10/2006 - 01 /2008 Manager Managed all aspects of the business including inventory, product sourcing, commercial and residential accounts, employees and bookkeeping. EDUCATION TEXAS A&M UNIVERSITY -CORPUS CHRISTI 2002 - 2006 None , GIS / Geomatics GIS / Geomatics Club Research Assistant on Aerial Imaging System RICHARD KING HIGH SCHOOL High School Diploma German Club Student Council Senior Council Academic Decathlon CISCO / CCNA Training Eagle Scout Award 8 OFFSHORE WATER SURVIVAL HUET Feick Safety Services (US) SAFELANDUSA PEC Safety • License: PEC100474939 0 HONORS CERTIFICATIONS 1998 - 2002 02 / 2014 02 / 2014 SAFEGULF 02 / 2014 PEC Safety r License: PEC100474939 TWIC 12/2015 - 12/2020 Transportation Security Administration (TSA) • German • English LANGUAGES PUBLICATIONS THE BEND MAGAZINE 06 / 2014 Gemstone Media, LLC / Jordan Regas • Authors: Jason Page • http_://issuu.corn shake tltua loo/ 06_14=on1ineL5act,1S1_988_27/8089670 This was a very last minute shoot that I couldn't refuse. When else can I invite Roger Creager to visit our family's barbeque place AND get to photograph him with his dad? I said yes immediately! We photographed Roger and his dad enjoying an ice cold beer and having a good of time. Then we got a few posed and natural / candid shots of the two of them against some 200 year old doors and a 60 year old hut with the Texas flag painted on the side. THE ONE BRIDE GUIDE 06 / 2014 McCleod Creative Authors: Jason Page • http://wi thsonebrideeuide. siagazine V _issue2/TheQat Vol7lssue2_Final_web.pa I had the pleasure of coming up with a session with one of my brides to help tie in The One's issue theme, "A Pop of Color. I wanted to literally bring that pop to the cover by including brightly colored, 24" balloons. Natural makeup was provided by Kayla Alvarez and hair was done by Shear Illusions. ZOMBSHELLS!!! 2013 ZOMBIE CALENDAR 10/2012 Self Published • Authors: Jason Page • Ltttp://photos jai0Ldn dougg,eonlzontblllgjls This collaborative effort features eleven zombie models and even includes a centerfold. Photography, Design & Layout by Jason Page, Makeup & Hairstyling by Ashle Riff, Lead Model Amanda Ramirez (aka Mandi Mayhem). Each calendar is 9x12 printed on glossy paper and includes a single hang -hole. SOUTH TEXAS WEDDINGS MAGAZINE 07/2011 STWM - July 2011 • Authors: Jason Page, Joanne Klein For this issue of the South Texas Weddings Magazine, I performed the issue's multipage layout and creative design. I also was responsible for the cover photography. CITY OF CORPUS CHRISTI Submit Date: Jan 08, 2019 Application for a City Board, Commission, Committee or Corporation Profile Kaylynn J Paxson ---- -It L-- - FirstName Middle Initial Last Name Email Address 14300SPID #203 Street Address Corpus Christi city What district do you live in? fJ District 4 Current resident of the city? (7 Yes r No 18 If yes, how many years? Home: (361) 510-7635 Primary Phone Home: (361) 510-7635 e._. _..._...._.___. Alternate Phone Pon Royal Senior Manager of F&6 Employer Job Title 6317 TX -361 Work Address - Street Address and Suite Number Corpus Christi A _City Work Address - City Texas Work Address - State 78373 WorkAdd__ Work Address -Tip Code 361-749-5100 Work Phone kpaxson@port-royal.com Work E-mail address TX 78418 Stat_ aCode State Pascal Code Kaylynn J Paxson Page 1 of 5 Preferred Mailing Address Fir" Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CRIME CONTROL & PREVENTION DISTRICT: Submitted PARK AND RECREATION ADVISORY COMMITTEE: Submitted WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted ISLAND STRATEGIC ACTION COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not city board Education, Professional and/or Community Activity (Present) Bachelors degree in Political Science Masters degree in Public Administration Current board member of the Padre Island Business Association Current Chair of the Hospitality Committee for PIBA Current member of the PIBA Ambassadors City Council At Large Candidate (2018) Nominated in 2018 for a Hospi Award recognizing leadersltip and initiative in the hospitality and tourism industry Volunteered at the Animal Rehabilitation Keep at the UTMSI from 2006-2014. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Island Strategic Action Committee Parks and Recs Advisory Watershore and Beach Advisory Committee Why are you interested in serving on a City board, commission or committee? I am very passionate about the future of my city and want to make a difference in its story. Having run for public office, I would like to now spend my time focusing on boards and committees where I can have a. real impact with my time and passion on adding to this beautiful city and its culture. I know Corpus is one of the best cities to live in; I want to help make that a reality for everyone else, both current residents and future neighbors! Upload a Resume Demographics Gender r7 Female Kaylynn J Paxson Page 2 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? ✓ Yes r• No Does your employer or your spouse's employer have a City contract? ✓ Yes r• No Are you'involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ 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) Question applies to ISLAND STRATEGIC ACTION COMMITTEE !SAC must include representatives from certain categories. Do you qualify for any of the following categories? * fJ Padre Island Business Association Member (Nominated by the Association) 17 Person who resides on Mustang Island or who is an employee of a Mustang Island properly owner Kaylynn J Paxson Page 3 of 5 Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W Owner or Representative of a Hotel or Condo Located on North Padre Island or Mustang Island Verification ') B 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 off 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 Kaylynn J Paxson Page 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume) 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 1 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. 17 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Kaylynn J Paxson Page 5 of 5 KAYLYNN PAXSON 14300 SPID #203 Corpus Christi, Texas 78418 • Cell: 361-510-7635 • Email -r Education Masters: Public Administration (2018) Science (2013) Texas A&M University -Corpus Christi Christi Emphasis: Public Management Relations Skills Bachelors of Arts: Political Texas A&M University -Corpus Emphasis: International • Operations Director, PAR • Author, Company SOPs: - Restaurant Group - 100+ employees • Business Management • New Business Set Up • Inventory Management • Cost Setting • Manage 100+ Staff Members Software • Author, PIBA Strategic Plan (2018-2020) • Corpus Christi Public Libraries: Needs Assessment (2018) • Public Relations • Multi Media Marketing • Fundraising/Community Outreach • Operations Design • Event Organization/Coordination • Strategic Planning: Business and Organizational • 9+ years Customer Service, Marketing, and Direct Sales • Microsoft Office/SSPS • Micros / Aloha / Clover • Sugar / Galaxy • TAI / Maestro Work Experience Senior Manager of Food and Beverage August 2018 - Present Port Royal Oversee daily and long-term operations of the Food & Beverage, and Retail departments Establish long term plans and goals for rebuilding departments post Hurricane Harvey Director of Operations November 2017 -Present PAR Restaurant Group (Scuttlebutts Bar and Grill & Surfside Sandwich Shoppe) Author Company Standard Operating Procedures - 100+ Staff / 10 Departments - Establish Company Budgets - Design Business Goals and Annual Strategies - Develop and Manage Marketing Strategies Director: Food & Beverage/Entertainment April 2017 -November 2017 (Hurricane Closure) Holiday Inn, North Padre Island Redesign Food & Beverage Business Plan and Operations Plan - Oversee/Direct all Front of House (FOH), Back of House (BOH), and Bars - Training and Oversight of 30+ team members - All multi -media marketing; print, partnerships, and social media. Sales Management: Sales &Catering Manager/Event Coordinator 2015 -April 2017 Schlitterbahn, Corpus Christi Group Sales Manager Banquet /Catering Manager/Event Coordinator - Set Up/Creating Group Sales Dept. - Set Up/Creating Catering Department - Booking/Planning Group Events - Booking/Planning/Organizing Catered Events - Set Up for Company/Private Group - Catering Menu Creation/Sales - Sales reporting quarterly/annually - Coordinate with Food & Beverage/Operations Departments Membership Department - End of Month Billing - Event Planning - Managing customer relations Restaurant Management: Front of House Supervisor 2014-2015 Schlitterbahn, Corpus Christi Employee management/scheduling; Inventory/ordering and stock management - Four bars - Set Up/Open the restaurant/bars as a - Main restaurant new business - Managed customer relations Hostess: Service Floor Coordinator 2007- 2014 The Pelican Club Managed customer relations Implement original system of Host Management Efficiency (adopted by The Pelican Club) Management: Assistant Manager 2010- Present The Bread Wagon - Set Up/Open restaurant as a new business - Manage sales floor and customer relations - Implement advertising strategies and meet sales quotas - Inventory Retail: Sales 2005-2010 Splash, Inc. - Set Up/Open as a new business for international investors - Sales floor/advertising strategies - Received two pay promotions and commission for demonstrating competitive sales ability Community Involvement Padre Island Business Association 2018 -Present Board Member /Ambassador/ Chair Hospitality Committee Nueces County Republican Party 2018 -Present Secretary City Council At Large Candidate 2018 Received Candidate Endorsement From "Our City Magazine" Padre Island Business Association 2016-2017. Strategic Plan; Author & Implementation Committee (2018-2020) Padre Island Business Association Ambassador/ Calendar Officer Coordinator/Chair of Committee: Taste of the Island Corpus Christi Public Libraries 2018 Needs Assessment / Strategy Recommendation Grant Writing 2016-2017 Grow Local South Texas Burn Pits 360, Veteran Resources Barefoot Mardi Gras 2015-2019 Events Coordinator -Planner: Parade, Festival, and Ball Animal Rehabilitation Keep (ARK) 2005-2011 The University of Texas Marine Science Institute- Port Aransas, Texas *More Information on Request at Interview Awards SPARK', Award Nominee: Greater Corpus Christi Hospitality Association 2018 Recognized for Excellence in Advancing the Coastal Bend Tourism Industry Congressional Ambassador Award 2012 Demonstrating Leadership through Founding and Chairing Local Chapter of University Organization Scholarly Achievements Environmental Organization: Co -Founder /Vice President- Fall 2011 -Fall 2012 President- Spring 2013 The Alternative Energy Organization at Texas A&M University Corpus Christi Political Organization: Co -Founder/ Vice Chair- Fall 2012 -Fall 2013/Chair Fall 2013 The College Republican of Texas at Texas A&M University Corpus Christi References John and Gaye White Todd Hunter (U.S. State Representative) 15217 SPID, Corpus Christi, Texas 78418 Personal: (361) 549-6347 Charlie Zahn Port Authority Commissioner, Nueces County Appointee 222 Power Street Corpus Christi, Texas 78401 Main: 361-882-5633 • Fax: 361-882-7110 Debbie Lindsey -Opel City Council Member 2016-2018 361-728-1459 Toby Futrell, PhD Professor of Public Administration, TAMUCC 6300 Ocean Dr, Corpus Christi, TX 78412 Personal: (512) 925-2720 Dan Jorgensen, PhD Department Chair: Masters Program, Public Administration, TAMUCC 6300 Ocean Dr, Corpus Christi, TX 78412 Personal: (361) 537-5927 Stan Hulse Toucan Graphics (Owner) PIBA Representative ISAC Board Member Personal: (956) 346-6356 Amy Gazin Schlitterbahn Corpus Christi (Marketing and Public Relations Director) PIBA Board Member Personal: (361) 815-1657 Cheri Sperling Coastline Properties (CEO) Business: (361) 949-0101 Elaine Motl Barefoot Mardi Gras (Coordinator/Marketing Director) Personal: (361) 947-5235 John Vaughn Willowbend Mortgage Kiwanis Club (Coordinator) Personal: (361) 779-0477 Cassandra Strom Padre Island Business Branding (Proprietor) Published Author: Hello Navi New Life Refuge Ministries Board Member Personal: (740) 706-2009 Guy Carnathan The Pelican Club (Proprietor) 914 Tarpon, Port Aransas, Texas 78373 Personal: (361) 332-1018 • Business: (361) 749-4888 CITY OF CORPUS CHRISTI Submit Date: Nov 14, 2018 Application for a City Board, Commission, Committee or Corporation Profile Dr Patricia P-- Firs e Prefix First Name patricia.polastri@tamuk.edu Email Address 1605 Ocean Drive Street Address Corpus Christi Gily What district do you live in? W District 2 Current resident of the city? 9 Yes r No 6 It yes how many years? Home: (317) 777-0984 _._ Primary Phone Polastri Last Nance Home: (317) 777-0984 Alternate Phone TEXAS A&M UNIVERSITY PROFESSOR Employer Job Title 1005 N Armstrong r._ Work Address -Street Address and Suite Number Kingsville Work Address - Cy TX Work Address dd--e Work Atld[ess-State 78363 Work Address - Zip Code 3615932125 Work Phone patricia.polastri@tamuk.edu Work E-mail address TX 78404 State Postal Code Code Dr Patricia Polastri Page 1 of 5 Preferred Mailing Address !J Work Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r• No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do. I am on my second term in the Food Advisory Board in Corpus Christi. I chair the FAB in the second term. My term expires in the Spring 2019. Education, Professional and/or Community Activity (Present) I have a PhD in Technology Management, with a Master's degree in Business Administration. I have many years of industry experience. I have served as CASA of the Coastal Bend for 1.5 years and I am also member of the Food Advisory Board in Corpus Christi. Additionally I am the advisor of the Society of Manufacturing Enginners (SME) at Texas A&M Kingsville. I am currently under training to provide voluntary services to Purple Door (formerly known as women's shelter). Why are you interested in serving on a City board, commission or committee? I am very interested in Waste management and sustainability in general. I have been teaching courses in this area at Texas A&M University and I would like to be able to bring my expertise to good use.I like being participant in the community I live in. I have visited the CEFE Valenzueal landfill several times and Mr. Tony Benavides has been an excellent guide for my students. I would like to be active in changing the community's concept of trash as just that "trash" but see it as a means of future energy and land conservation. I believe we are a very wasteful society, and I think our community would benefit not just from efficient collection services, but from reducing their own carbon footprint. S Upload a Resume Demographics Gender A Female Code of Ethics - Rules of Conduct/Conflicts of Interest Dr Patricia Polastri Page 2 of 5 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 r• No Does your employer or your spouse's employer have a City contract? ✓ Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r• No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. I answered NO to all questions above. Board -specific questions (if applicable) Question applies to CLEAN CITY ADVISORY COMMITTEE The Clean City Advisory Committee must include representatives from certain categories. Da you qualify for any of the following categories? P None of the above Dr Patricia Polastri Page 3 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. 7 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 or in any attachment (e.g. resume) it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Dr Patricia Polastri Page 4 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 Dr Patricia Polastri Page 5 of 5 PATRICIA POLASTRI, Ph. D. PoBox 270991 — Corpus Christi TX, 78427 Phone: (317) 777 - 0984, E-mail:, Professional Credentials PhD. Technology Management, Indiana State University. 2011 M.S. Business Administration, International Marketing, 2005 Central Missouri State University B.S. Business Administration & Management, Orebro University, 1998 Appointments Industry Academia Community Thyssen -Krupp Nothelfer AG. Germany (June 2000 —July -2003) Rucker AG. Wiesbaden, Germany (Nov 1999 — April 2000) Behringer GmbH. Krefeld, Germany (April 1999 —Oct 1999) Malden Mills Europe. Maastricht, The Netherlands (Jan 1998 — May 1998) Zeus AB, Stockholm Sweden (1992 -1994) Assistant Professor of Industrial Technology, Texas A&M University Aug. 2012 — Present Adjunct Faculty at North Central University (2016 — 2018) Adjunct Faculty at South New Hampshire University (2015 — 2018) Research Fellow at Indiana State University 2008 — 2012 Research Fellow at University of Central Missouri 2006- 20081 Purple Door (Women's Shelter) Aug. 2018 Food Advisory Board City of Corpus Christi, Oct 2014 -2019 CASA of the Coastal Bend Sept. 2014 - 2016 International Industry Experience ., Thyssen -Krupp Nothelfer. Germany Global Procurement and Project Comptroller • Monitored several concurrent international manufacturing projects and managed the budget allocated to each project. • Prepared diverse reports (budget, technical reports, regulations and policies) relevant for decision making • Directed the selection of business partners domestically and globally • Assisted in Supply Chain and Operations Management and capacity planning • Managed scheduling of operationfor equipment and personnel • Participated in the acquisition of ISO certifications for suppliers internationally • Participated in the creation of intemational online reverse auctions for bidding • Assisted in the creation of a recyclable system for the factory's waste • Established a subsidiary in Spain and Sweden Rucker AG. Germany CEO Assistant • Assisted Rucker AG in the launch of the compnay on the Initial Public Offering (IPO) in the Frankfurt Stock Market. • Prepare documentation and reports required to by entities to assess economic value of enterprise • Organized and prepared meeting with parties in order to conduct the due dilligence • Assisted in the preparation of financial reports to stockholders Behringer GmbH. Germany International Sales Manager • Regional sales manager for Spain, England and Sweden in the area of professional technical equipment • International logistics manager and coordinator of warehouse activities • Warehouse management for local and international warehouses • Established subsidiary in Sweden • Negotiated the distribution channels of logistics operations and selected the logistics partners for European distribution. WA AB. Sweden Market Researcher • Conducted market research for a potential business in the German marke • After completion of study I was appointed to establish a subsidiary in Germany • Prepared all the legal documentation and financial repots to establish company in Germany • Negotiated contracts with local vendors for acquisition of technical equipment • Selected personnel to operate the subsidiary Malden Mills Europe, The Netherlands International Sales Representative • Sales representative for Spain and Sweden with logistics and distribution duties • Prepared reports of forecasted sales and actual sales on a monthly basis • Supervised the replenishment of warehouses and of logistics domestic and internationally • Supervised the inventory management in assigned territories Zeus AB. Sweden Store Manager • Managed the store operations and the purchase of equipment and materials. • Negotiated vendor agreements with selected suppliers • Developed the work schedules for the employees • Responsible for training in operations of new employees, bookeeping & payroll Computer Skills • SAP R/3 • Elluminate! • CAD/CAM • Brightspace • Pro/E • Blackboard • Microsoft windows applications • Dreamweaver • Microsoft Access • Microsoft Project • Adobe Connect • Ingeniux • Super Office Languages Spoken • English • Swedish • German • Spanish • Portuguese Academic Publications 1. P. Polastri, Viggiano A., "American Reshoring: A Model for Italian Economic Development". Technology Interface International Journal! Volume 18, Number 1, Fall/Winter 2017 2. P. Polastri, Dimitrovska, M., Herrera, "Assessing the Use of Social Media for Recruiting Student Athletes at an Institution of Higher Education in South Texas". Proceedings of the International Conference on Industrial Engineering and Technology Management, Texas A&M University — Commerce TX and Texas Tech University, Feb. 2017 3. P. Polastri, M. Awonuga, "Environmental Sustainability in Developing Economies — The Nigerian Perspective". 2017 ASEE Gulf Southwest Annual Regional Conference. UT Dallas, TX, March 12-14, 2017. 4. P. Polastri, Viggiano A., `American Reshoring: A Model for Italian Economic Development". Proceedings of the Proceedings of The 2016 IAJC/ISAM Joint International Conference. Nov, 8, 2016, Orlando, FL. 5. P. Polastri, "Reshoring and Why it Makes Sense Now! "Proceedings of the Association for Technology Management & Technology (ATMAE), Nov. 2016, Orlando, FL. 6. P. Polastri, "A study of the Impact ofGlobali:ation on Indiana's Manz facturing Industry". Proceedings of the International Conference on Technology Management (ICTM), Aug. 10 , 2016, Chicago IL. 7. P. Polastri, Developing a Sustainable Mind in 21'" Century Students". International Journal of Sustainability Education. Oct 15, 2015 (pending publication) 8. P. Polastri, T. Alberts, `Developing a globalised and sustainable mindset in 21" Century Students". 9`^ World Conference on Engineering Education. Lebanon, Beirut. October 2013. 9. P. Polastri, M.Affan Hadar, "Globalisation as Perceived by Indiana's Automotive Manufacturing Industry" . International Conference on Agile Manufacturing Systems December 2011, Agra, India. 10. Dr. Donald Harby, C. Chuenprasertsuk, P Polastri, "A New Approach to Teaching Programmable Logic Controllers" Proceedings of the ASEE Annual Conference and Exposition, June 2007, Honolulu, HI. Conference Presentations 1. P. Polastri, M. Awonuga, Environmental Sustainability in Developing Economies — The Nigerian Perspective. 2017 ASEE Gulf Southwest Annual Regional Conference. UTDallas, TX March 12-14, 2017 (scheduled) 2. P. Polastri, A. Viggiano, American Reshoring: A Model for Italian Economic Development. International Association of Journal and Conferences( IAJC/ISAM) Joint International Conference. Nov, 8, 2016, Orlando, FL. 3. P. Polastri, Reshoring and Why it Makes Sense Now! Association for Technology Management & Technology (ATMAE), Nov. 2016, Orlando, FL. 4. P. Polastri, Developing a Sustainable Mind in 2l' Century Students". International Journal of Sustainability Education. Oct 15, 2015 (pending publication) 5. P. Polastri, "A Study of the Impact of Globalization on Indiana's Manufacturing Industry. International Conference on Technology Management (ICTM), Aug. 2016. Chicago, II. 6. P. Polastri, "Developing a Sustainable Mind in 21st Century Students". Association of Technology, Management, and Applied Engineering (ATMAE). November 2015. Pittsburgh, PA. Patricia Polastri - PhD 7. P.Polastri, "Made in America, still Matters!" Association of Technology, Management and Applied Engineering (ATMAE). November 2013. New Orleans, Louisiana. 8. P.Polastri and T. Alberts, "Educating the future workforce: A Matter Skills" Management and Applied Engineering (ATMAE). November 2013. New Orleans, Louisiana. 9. P. Polastri, T. Albers, M. Affan Badar, "Assessing The Educational Needs Of The American Manz facturing Industry" Institute of Industrial Engineering (IIE), Annual Conference, Orlando, FL May 2012. 10. P. Polastri and M. A. Radar, "Globalization as Perceived by Indiana's Automotive Manufacturing Industry", SSAM/ISPE International Conference on Agile Manufacturing Systems ICAM2011, Dec. 18- 20, 2011, Agra, India. 11. "Engineers Are Needed, Yeah! But What Kind?" P. Polastri and T. Alberts, Association of Technology, Management and Applied Engineering (ATMAE). November 2011. Cleveland, Ohio 12. "Revisiting On -shoring", Dauch Center for the Management of Manufacturing Enterprises Fall Conference, Krannert School of Management, Purdue University, Sept 16, 2011. 13. "Green Manufacturing", P. Polastri, Dr. James Smallwood, ASQ SME ASM Meeting, Wabash Valley Chapter, February 2010, Terre Haute, IN. 14. "Technology and Ethics, A Global Issite in Crisis, P. Polastri, G. Townsend, National Association of Industrial Technology (NAIT) Annual Conference and Exposition, October 2007, Panama City, FL. 15. "A New Approach to Teaching Programmable Logic Controllers", Dr. Donald Harby, C. Chuenprasertsuk, P. Polastri, ASEE Annual Conference and Exposition, June 2007, Honolulu, HI. Presented by Dr. Donald Harby. Seminars/Webinars/Conferences Attended • Rio Grande Valley -Texas Regional STEM Degree Accelerator, South Texas College (2017) • Women in Energy, Chamber of Commerce, Corpus Christi, Ortiz Center, May 28, 2014 • IEE Green Technology Conference and Region 5 Student Competition, Omni Hotel, Corpus Christi, April 4,2014 • Educational Networking Meeting, SHALE, Corpus Christi, March 6, 2014 • Leadership by Engagement: Communication Strategies for Recruiting, Retaining and Promoting Women in STEM Fields, Women's Leadership Council, Texas A& M University - Kingsville, March 5, 2014 • Working Forum for Sustainable Solutions, Coastal Bend Council of Governments, Del Mar College, Center for Economic Development, Feb.27, 2014 • Certificate of Completion from The University of British Columbia for Course "Climate Literacy: Navigating Climate Change Conversations", Canada. Aug.15, 2013 • Environmentally Friendly Drilling, San Antonio, May 14, 2013 • Revitalization of North American Manufacturing, American Manufacturing Excellence (AME) Conference, San Antonio, April 16, 2013. • Sustainable Eagle Ford Shale Community Infrastructure, Challenges & Solutions, TAMUK, April, 2013 • Houstex, Houston, TX, 2013 • Entrepreneurial Development, Networks, Feb 10, 2012. • Fall Business Outlook, Conducted by Dr. Jerry Conover, Director of Indiana's Business Research Center at Indiana University, Kelley School of Business. Nov 2011. • Multimedia Literacy. Networks. June 16, 2011 • Advancing Your Supply Chain with Foreign Trade. APICS. June 15, 2011 • Predicting the Future of Direct Digital Manufacturing — A Look at Direct Digital Manufacturing Roadmaps. SME. June 9, 2011. • More Female Students In Just One Year. National Institute for Women in Trades, Technology and Science. April 20, 2011 • They Snooze, You Lose: 10 Shots to Caffeinate Presentations. Networks. May 19, 2011 • Green Manufacturing - Lessons from Henry Ford. SME. March 10, 2010 • Management Matters – SME. April 30, 2009 4 Patricia Polastri - PhD Courses taught: ITEN 3313 IMEN 5320 MGT 320 IMEN 5355 ITEN 3306 HRD 335 DIS9901-4 INT 113 IMEN 5320 IMEN 5320 IMEN 5344 ITEN 3323 IMEN 5300 ITEN 3349 TMGT 131 IMT 421 MGT 140 BUS 220 FIN 200 FIN 307 TMGT 195 INDM 5020 INDM 4260 INDM 4010: Energy, Society & Sustainability Global Production and sustainability Business Sustainability Project Management Production/Operation Processes Technology and International Development The Dissertation Proposal & Dissertation Defense International Business Lean Manufacturing in Global Production Supply Chain Management Lean Production Cost Estimating Research Methods & Project Development Lean Management Introduction to Manufacturing and sustainability Research & Development. Understanding Business management Dynamics of Professional Success Fundamentals of Finance Applied Personal Financial Management Computer Applications. International Management, Organizational Dynamics. Industrial Management. Professional Development • Powder Coating 101 — The Powder Coating Institute (2018) • Feeding the World — University of Pennsylvania (2017) • The Age of Sustainable Development — Columbia University (2017) • From Climate Science to Action — The World Bank Group (2017) • Climate Literacy — Navigating Climate Change — the University of British Columbia (2013) • Municipal Solid Waste Management in Developing Countries — Ecole Polytechnique Federal de Lausanne, Switzerland. (2017) Professional Development & Awards • Professor of the year 2018 • Professor of the year 2015 • Professor of the year 2014 • 1st Prize Winner of the Upward Bound Math and Science Urban Competition, 2016 • Golden Key Honor Society, Honorary Member 2016 • Lean Bronze Certificate, granted by SME, 2015 • SME Distinguished Faculty Advisor Development Award 2015 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 dsummers@hoganhomestexas.com Email Address 401 SANTA MONICA PL. et -dre Street Address CORPUS CHRISTI City What district do you live in? * W District 4 Current resident of the city? r- Yes r No 4 If yes, how many y Home: (512) 994-8786 -hone - keno .. Primary Phone Business: (512) 994-8786 ._.. --_. Alternate Phone HOGAN HOMES CHIEF FINANCIAL OFFICER Employer Job Title 400 MANN ST. _e.. Work Address - Street Addres CORPUS CHRISTI Work Address - City 78401 WarAddress Addre_.___i. __._.. ess - Zip Code 512-994-8786 Work _.. k Phcne Work E-mail address d S Number Preferred Mailing Address W Home/Primary Address TX78411 Sltateele CoPostal Code Diana Summers Page 1 of 4 Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted PLANNING COMMISSION: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? if Yes r No 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? Upload a Resume Demographics 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 r No Does your employer or your spouse's employer have a City contract? ✓ Yes r No Diana Summers Page 2 of 4 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. 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 3 of 4 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. NT 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. fJ 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 or in any attachment (e.g. resume) 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. fJ I Agree Diana Summers Page 4 of 4 Diana Brown dbrownehoranhomestexas.cont (512) 994-8786 Permanent Address 401 Santa Monica Corpus Christi, 1'X 78411 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 further 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 constivction 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 Acconnling, 2010 Study Abroad: University of South Carolina, MaymesterSession, Kenya, Africa Studied business tactics and problem solving techniques within the economic and political structure of Kenya. Examined the local 'operations or 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 Ou [door 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. OTBEIUt.EAUERSHIP ACTIVITIES Recipient of the USC Thomas Moore Craig Leadership Award (2008) Recipient of the Student Government Executive Officer Meritorious Award (2009) Student Senator representing Darla Moore School of Business (2007 - 2009) Chairman for Senate Finance committee (2009) Sorority Council President (2008 - 2009) Omicron 1 . 'tit Kappa Honors Society President (2009) Mortar Bnard Honors Society Treasurer(2008) CITY OF CORPUS CHRISTI Submit Date: May 14, 2018 Application for a City Board, Commission, Committee or Corporation Profile Kristie st Name kycwa6137@swbell.net --- --dre Foran address 5933 Julia Cir Street Address Corpus Christi City What district do you live in? * F7 District 5 Current resident of the city? r Yes r No 41 -_y _....._. II yes, how many years'? Mobile: (361) 215-9584 Primary Phone Veit Last Name Mobile: (361) 215-9584 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 -cty Texas Work Address- State 78404 WkAddressZpC de Work Address -Zip Code 361-883-6137 Work Phone kycwa6137@swbell.net Work ed___._—.-_.______._-. E-mail address Kristie Veit TX State e 78414 Postal Code Page 1 of 4 Preferred Mailing Address )7 Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? tr Yes r No 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 Upload a Resume Demographics Gender 7 Female 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 0 No Kristie Veit Page 2 of 4 Does your employer or your spouse's employer have a City contract? ✓ Yes 9 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 9 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 9 No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes c 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 Board -specific questions (if applicable) Kristie Veit Page 3 of 4 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. 17 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. 12 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 or in any attachment (e.g. resume) 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. F7 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Kristie Veit Page 4 of 4 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 Submit Date: Aug 09, 2018 Application for a City Board, Commission, Committee or Corporation Profile DrAbu Prefix First Name Email Addree 7613 Loire Boulevard Street Address Corpus Christi City What district do you live in? * rJ District 5 Current resident of the city? r• Yes r No N M Waheeduzzaman Middle Initial Last Name 18 _._ _._ -. ._..... ayes, how many years? Mobile: (361) 876-1655 Home: (361) 980-1587 Primary Phone Alternate Phone Texas A&M University Corpus Professor of Marketing and Christi International Business Employe Job Title -6300 Ocean Drive Number Work Address � Street Address and Suite College of Business __- Work Address City TX Address Work Atltlress -Stats 78412 Work Atldiess-Zip Code waheed@tamucc.edu Work E-mail address Preferred Mailing Address 17 Home/Primary Address TX 78414 State Postal Code Dr Abu N M Waheeduzzaman Page 1 of 5 Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted SISTER CITY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes s No 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 am a Professor of Marketing and International Business at Texas A&M University Corpus Christi. I joined this university 18 years ago in 2000. Ever since then we are living in this city. I was appointed by the Mayor and served in the Library Board, 2002-08 (six years). It was great experience. A good number of Library expansion took during that period (e.g., Flour Bluff, Kaffie, and Parkdale). Why are you interested in serving on a City board, commission or committee? This is a community where we live. It would be my pleasure serve the city/community, a voluntary and social service that I can feel good about. Uplostl a Resume Demographics Gender 17 Male 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 F No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Dr Abu N M Waheeduzzaman Page 2 of 5 Does your employer or your spouse's employer have a City contract? ✓ Yes r: No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ 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 1f you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Not applicable Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION The Arts & Cultural Commission must include representatives from certain categories. Do you qualify for any of the following categories? 17 Higher Education t7 Economic Development / Tourism 1' Marketing Dr Abu N M Waheeduzzaman Page 3 of 5 Question applies to SISTER CITY COMMITTEE The Sister City Committee must include members representing certain categories. Do you qualify for any of the following categories? * W Higher Education Institution W Arts/Cultural 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. 17 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 or in any attachment (e.g. resume) 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. 17 I Agree Dr Abu N M Waheeduzzaman Page 4 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 Dr Abu N M Waheeduzzaman Page 5 of 5 Vita Summary Abu N. M. Waheeduzzaman, Ph.D. Email: waheed(1l tamucc.edu Telephone: 361 825 6014 My Statement I am an academic engaged in a lifelong teaming process. I believe that every time I teach a student, publish a paper, make a professional presentation, or consult a company, I am making a marginal contribution to the society. Employment Professor of Marketing and International Business in the College of Business, Texas A&M University Corpus Christi since 2000. Previously taught at Salisbury State University (Maryland), University of New Haven (Connecticut), North South University (Bangladesh), and Institute of Business Administration (IBA), Dhaka University (Bangladesh). Education Ph.D. in Business Administration from Kent State University, Ohio. Have two MBAs, one in International Business from George Washington University, Washington, D.C. and the other in Marketing from Institute of Business Administration, Dhaka University, Bangladesh. Research Marketing and International Business. Special topics of interest include international Interest competitiveness, emerging markets, convergence, nation marketing and globalization. Editorship Associate Editor, Journal of Competitiveness Studies. Also served as Associate Editor, Competitiveness Review. Member of editorial boards of various journals in international/marketing area. Publications Publications appeared in Competitiveness Review, Journal of Global Marketing, Journal of Euromarketing, Journal of Global Business, Journal of Transnational Management Development, Midwestern Journal of Business and Economics, Journal of Management Business and Economics, and Proceedings of the American Marketing Association. Distinctions Senior Fellow, American Society for Competitiveness. University Excellence Award in Research at Texas A&M- University Corpus Christi. Excellence Award in Teaching at Texas A&M University Corpus Christi and University of New Haven, Connecticut. Outstanding Faculty Award in International Education and University Excellence Award in Service, Texas A&M University Corpus Christi. Social Service Award, American Society for Competitiveness. Honor Societies Beta Gamma Sigma (George Washington University), Phi Beta Delta (Kent State University), Alpha Mu Alpha (American Marketing Association) and Sigma Beta Delta (University of New Haven). Membership American Marketing Association (AMA), Academy of International Business (AIB), American Society for Competitiveness (ASC), International Management Development Association (IMDA), National Geographic Society, American Association of University Professors (AAUP), American Association for Retired Persons (AARP), and Institute of Management Consultants Bangladesh, MBA Club Ltd., Dhaka, and Institute of Business Administration Alumni Association, Dhaka, Bangladesh. Personal Enjoy traveling. Traveled to over 20 countries of the world. 1 EDUCATION AND ACADEMIC POSITION Education Ph.D. Kent State University, Ohio 1994 Major: Marketing, Minor: Intemational Business Advisor: Dr. John K. Ryans, Jr., Bridgestone Professor Emeritus of International Business and Marketing at Kent State University. AIB Fellow. Thesis: Dimensions of International Competitiveness of Nations: An American Managers' Perspective MBA George Washington University, Washington, D. C. 1988 Major: International Business Advisor: Dr. Phillip D. Grub, Emeritus Professor of International Business at The George Washington University. AIB President and Fellow. MBA Dhaka University, Dhaka, Bangladesh. 1979 Major: Marketing BA Dhaka University, Dhaka, Bangladesh 1976 Majors: Economics, Sociology, and Political Science Academic Positions Professor of Marketing and International Business, Texas A&M University—Corpus Christi, Texas, 2006- till date. Tenured. Associate Professor of Marketing and International Business, Texas A&M University—Corpus Christi, Texas, 2000 —2006. Visiting Associate Professor of Marketing, Salisbury State University, Maryland, 1999-2000. Associate Professor, Head of Graduate Program and Director, MBA Program, North South University, Dhaka, Bangladesh, 1997-99. Assistant Professor, School of Business, University of New Haven, Connecticut, 1993-1997. Assistant Professor (1984-86) and Lecturer (1980-83), Institute of Business Administration, University of Dhaka, Bangladesh. Also taught as instructor at Kent State University (1988-92) and University of Toledo (1992-93) while pursuing doctoral studies at Kent State University. 2 Business Position Systems Sales/Marketing Representative at NCR Corporation, U.S.-based computer multinational. Duties included marketing of NCR systems/products. 1979-80. RESEARCH AND PUBLICATION Research Interest Broadly in Marketing and International Business; topics of interest include international competitiveness, emerging markets, consumption convergence and globalization. Research in Progress Waheeduzzaman, Abu N. M. (2018), "Can a Nobel Prize Save Marketing?" Expected completion: 2018. Waheeduzzaman, A. N. M. (2018), "Do global peace and higher education contribute to the competitiveness of a nation?" Annual Conference of the American Society for Competitiveness, Washington, D.C., October. Expected completion: 2018. Waheeduzzaman, Abu N. M. (2019), "Does Good Governance Enhance National Competitiveness?" Expected completion: 2019. Waheeduzzaman, Abu N. M. (2019), Enhancing National Competitiveness -A Marketing Strategy Approach. I have written four chapters of the book. Expected completion: 2019. Publication in Refereed Journals Waheeduzzaman, Abu N. M. and Elwin Myers (2018), "Effect of Good Governance and Democracy on National Income: Does Trade or Investment Offer Any Mediating Influence?" Journal of Competitiveness Studies. Forthcoming. Waheeduzzaman, Abu N. M. (2017), "Effect of Economic Integration on Consumption." Journal ofEuromarketing, 26, 4-16. Waheeduzzaman, Abu N. M. (2016), "Consumption Convergence between Emerging and Developed Markets," Journal of Euromarketing, 25 (3-4), 74-94. Waheeduzzaman, A. N. M. (2016), "Exploring the influence of globalization and democracy/freedom on emerging markets trade," Journal of Competitiveness Studies, 24 (4). Waheeduzzaman, A. N. M. (2015), "Do Globalization and Income Affect Consumption through Quality of Life? An Exploration in Emerging Markets," Journal of Euromarketing, 24 (4), 224- 240. 3 Waheeduzzaman, A. N. M. (2011), "Are Emerging Markets Catching Up With the Developed Markets in Terms of Consumption," Journal of Global Marketing, 24 (2), 136-151. Waheeduzzaman, A. N. M. (2011), "Competitiveness and convergence in G7 and emerging markets," Competitiveness Review, 21 (2), 110-128. Waheeduzzaman, A. N. M. and Elwin Myers (2010), "Influence of Economic Reward and Punishment on Unethical Behavior: An Empirical Study," Business and Professional Ethics Journal, 29 (1-4), 154-174. Waheeduzzaman, A. N. M. (2008), "Market Potential Estimation in International Markets: A Comparison of Methods," Journal of Global Marketing. 21 (4), 307-320. Waheeduzzaman, A. N. M. (2007), "States, Demographics and Competitiveness of America's Best Universities," Competitiveness Review, 17 (1/2), 77-93. Waheeduzzaman, A. N. M.. and Pradeep Rau (2006), "Market Potential And Foreign Direct Investment: Exploring The Relationship In Emerging Markets." Advances in Competitiveness Research, 14 (1), 44-60. Waheeduzzaman, A. N. M. (2006), "Can modernization explain the consumption of durables in emerging markets?" Journal of Global Marketing, 19 (3), 33-62. Waheeduzzaman, A. N. M. (2004), "Tripolar World of Corruption and Inequality: Again, the Difference is in Freedom and Governance, "Journal of Transnational Management Development, 9 (4), 37-48. Waheeduzzaman, A. N. M. and Leon F. Dube (2004), "Trends And Development in Standardization Adaptation Research," Journal of Global Marketing, 17 (4), 23-52. Waheeduzzaman, A. N. M. and Leon F. Dube (2002), "Elements Of Standardization, Firm Performance And A Few Marketing Variables: A General Linear Relationship Framework," The Journal of Global Marketing, 16 (1 and 2), 187-205. Waheeduzzaman, A. N. M. (2002), "Competitiveness, Human Development And Inequality: A Cross -National Comparative Inquiry, "Competitiveness Review, 12 (2), 13-29. Hu, Michael, A. N. M. Waheeduzzaman, and Edward Bruning (1997), "An Inquiry into the Determinants of Foreign Direct Investment in the United States," Midwestern Journal of Business and Economics, Vol. 10, No. 3, Winter, 35-49. Waheeduzzaman, A. N. M. and John K. Ryans Jr. (1996), "Dimensions of Intemational Competitiveness of Nations: An American Managers' Perspective," Journal of Global Business, Vol. 7, No. 13, 19-31. 4 Waheeduzzaman, A. N. M. and John K. Ryans Jr. (1996), "Definitions, Perspectives, and Understanding of International Competitiveness: A Quest for a Common Ground," Competitiveness Review, Volume 6 (2), 7-26. Waheeduzzaman, A. N. M. (1986), "Content Analysis of Newspaper Advertisements on Family Planning in Bangladesh," Journal of Management, Business and Economics, Vol. 12, No. 1, 56- 71. Waheeduzzaman, A. N. M. (1986), "Creativity in Management," Journal of Management Business and Economics, Vol. 11, No. 4, 497-510. Waheeduzzaman, A. N. M. (1985), "Segmentation Concepts and Issues in Marketing," Management Development, Vol. 14, No. 4, Bangladesh Management Development Center, Dhaka, Bangladesh. Waheeduzzaman, A. N. M. and Abdul Hamid (1985), "Promoting Voluntary Blood Donation: A Social Marketing Approach," Journal of Management, Business and Economics, Vol. 11, No. 1, 66-82. Waheeduzzaman, A. N. M. (1984), "Consumer Behavior and Marketing of Bengali Movies," Journal of Management, Business and Economics, Vol. 10, No. 4. Publication in a Book Waheeduzzaman, A. N. M. (2002), "Facilitation of Trade and Investment Among Bangladesh, India and Nepal: Subregional Cooperation and Competitiveness" in Towards Greater Sub - regional Economic Cooperation: Limitations, Obstacles and Benefits, Cookson, Forrest E. and A. K. M. Shamsul Alam (editors), Dhaka, Bangladesh: University Press. 55-79. Waheeduzzaman, A. N. M. (2000), "(Un)Ethical Behavior In Business: A Reward Punishment Probability Framework" in Competition, Trust and Cooperation: A Comparative Study, Y. Shinoya and K. Yagi (editors), Heidelberg: Springer Verlag, 210-226. Publication in Refereed Proceedings Waheeduzzaman, A. N. M. and Pradeep Rau (1998), "Standardization Drivers, Levers, and Performance in International Marketing: A Conceptual Framework and Related Hypotheses." Proceedings of the Third South China International Business Symposium, University of Macau, China, November, 337-353. Waheeduzzaman, A. N. M. (1992), "Effect of Corporate Takeovers and Leveraged Buyouts: An Extension of Strategic Models in Marketing," Proceedings of the American Marketing Association's Summer Educators' Conference, Chicago, Illinois, 109-116. 5 Waheeduzzaman, A. N. M. (1992), "Changing Pattern of Car Advertisements in Magazines: The Past 30 Years." Proceedings of the American Marketing Association's Summer Educators' Conference, Chicago, Illinois, 121-129. Waheeduzzaman, A. N. M. and Robert F. Krampf (1992), "Use of Quantitative Techniques in Marketing Research: The Past Twenty-five Years." Proceedings of the American Marketing Association's Winter Educators' Conference, San Antonio, Texas, 285-294. Waheeduzzaman, A. N. M. and Lawrence J. Marks (1989), "Halo Effects, Consumer Ethno- National Affinity, and Behavior Intentions: An Extension of Multi -Attribute Model of Country of Origin Effects." Proceedings of the American Marketing Association's Summer Educators' Conference, Chicago, Illinois, 252-257. Abstract in Refereed Conferences Waheeduzzaman, A. N. M. (2016), "Consumption Convergence between Emerging and Developed Markets," Winter Educators' Conference, American Marketing Association, Las Vegas. February. Waheeduzzaman, A. N. M. and Pradeep Rau (2004), "Market Potential and Foreign Direct Investment: Exploring the Relationship in Emerging Markets," Summer Educators' Conference, American Marketing Association, Boston. August. Waheeduzzaman, A. N. M. and Leon F. Dube (2003), "Trends and Development In Standardization Adaptation Research: A Content Analysis," Summer Educators' Conference, American Marketing Association, Chicago. August. Waheeduzzaman, A. N. M. (2002), "Five Lines of Inquiry in Standardization Adaptation Research," Summer Educators' Conference, American Marketing Association, San Diego. August. Waheeduzzaman, A. N. M. and Leon F. Dube (2001), "Elements of Standardization, Firm Performance And A Few Marketing Variables: A Factor Analytic Linear Relationship," Summer Educators' Conference, American Marketing Association. August. Article Leading National English Dailies in Bangladesh Waheeduzzaman, A. N. M., "Combating flood: Let's take a business approach," The Daily Star, Dhaka, Bangladesh, August 18, 2007. Waheeduzzaman, A. N. M., "Bangladesh's image: Need a (re)branding?" The Daily Star, Dhaka, Bangladesh, July 2, 2007. Waheeduzzaman, A. N. M., "Bangladesh's image and country rating," The Daily Star, Dhaka, Bangladesh, May 28, 2007. 6 Waheeduzzaman, A. N. M., "Why is SAARC progressing so slowly?" The Daily Star, Dhaka, Bangladesh, April 28, 2007. Waheeduzzaman, A. N. M., "Fighting corruption: Why this ambivalence?," The Daily Star, Dhaka, Bangladesh, March 2, 2007. Waheeduzzaman, A. N. M., "Caretaker Government. Round Three," The Daily Star, Dhaka, Bangladesh, January 28, 2007. Waheeduzzaman, A. N. M., "Combating Corruption," The Daily Star, Dhaka, Bangladesh, February 8, 2002. Waheeduzzaman, A. N. M., "Evaluating SAARC: Economic Reality Versus Political Will," The Daily Star, Dhaka, Bangladesh, December 13, 2001. Waheeduzzaman, A. N. M., "In response to a recent article on Grameen Bank in the Wall Street Journal, The Daily Star, Dhaka, Bangladesh, December 6, 2001. Waheeduzzaman, A. N. M., "Nation's Business Schools: A Few Success Criteria," The Daily Observer, Dhaka, Bangladesh, 1998. Waheeduzzaman, A. N. M., "Why Core Faculty Matter," The Daily Observer, Dhaka, Bangladesh, November 14, 1997. Waheeduzzaman, A. N. M., "Transformation of Private Universities: From Entrepreneurship to Professionalism," The Daily Observer, Dhaka, Bangladesh, February 12, 1998. Article in Newsletters Waheeduzzaman, A. N. M., "Country Ratings -A Neglected Research Area?" American Marketing Association Global Marketing SIG's Monthly E -News. http://www.cba.hawaii.edu/ama/September2004.htm. Waheeduzzaman, A. N. M., "How do you encourage active class participation of your students?" MED Newsletter, Academy of Management, 15 (3), 1989 (June), 7. Research Presentations (past six years) Waheeduzzaman, A. N. M. (2018), "Do global peace and higher education contribute to the competitiveness of a nation?" Annual Conference of the American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, Abu N. M. and Elwin Myers (2017), "Effect of Good Governance and Democracy on National Income: Does Trade or Investment Offer Any Mediating Influence?" Annual Conference of the American Society for Competitiveness, Washington, D.C., October. 7 Waheeduzzaman, A. N. M. (2016), "Does Good Governance Enhance National Competitiveness?" Annual Conference of the American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, Abu N. M. (2016), "Global Consumption Convergence: Towards an Eclectic Theory," Annual Conference American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, Abu N. M. and Anh Thi Truc Pham (2016), "Macro Determinants of Inbound Tourism: A Path Analysis Model," Annual Conference American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, A. N. M. (2016), "Consumption Convergence between Emerging and Developed Markets," Winter Educators' Conference, American Marketing Association, Las Vegas. February. Waheeduzzaman, A. N. M. (2015), "Did globalization favor the growth of fast moving consumer goods (FMCG) in emerging markets," Winter Educators' Conference, American Marketing Association, San Antonio, February. Waheeduzzaman, A. N. M. (2015), "Exploring mediating effects of globalization and income on consumption growth in emerging markets," Annual Conference American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, A. N. M. (2014), "Do we observe a convergence in fast moving consumer goods (FMCG) in developed and emerging markets?" Annual Conference American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, A. N. M. (2014), "Democracy and International Competitiveness of Nations - An Empirical Inquiry," 18th Annual Western Hemispheric Trade Conference, Texas A&M International University, April. Waheeduzzaman, A. N. M. (2013), "Higher Education and National Competitiveness," Annual Conference American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, A. N. M. (2013), "Enhancing National Competitiveness through Education in a Globalized World," 22nd Annual World Business Congress, International Management Development Association, Taipei, Taiwan, July. Waheeduzzaman, A. N. M. (2013), "Does Freedom Affect International Competitiveness of Nations," 22nd Annual World Business Congress, International Management Development Association, Taipei, Taiwan, July. Waheeduzzaman, A. N. M. (2012), "Do Globalization and Freedom Favor Trade in Emerging Markets?" 2012 International Conference on Contemporary Business and Management, Chulalongkom University, Bangkok, Thailand, December. 8 Waheeduzzaman, A. N. M. (2012), "Impact of freedom in international competitiveness of nations," Annual Conference American Society for Competitiveness, Washington, D.C., October. All Society Panel Chair. Waheeduzzaman, A. N. M. (2012), "Does freedom affect trade? An empirical inquiry," Annual Conference American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, A. N. M. (2012), "Competitiveness of Bangladesh as an Emerging Market," United International University, Dhaka, Bangladesh, March. Waheeduzzaman, A. N. M. (2012), "Determinants of Trade in Emerging Markets," Faculty Research Seminar, College of Business, Texas A&M University -Corpus Christi, Texas, January. Waheeduzzaman, A. N. M. (2011), "Emerging markets trade: An empirical inquiry," Annual Conference American Society for Competitiveness, Orlando, Florida, October. Waheeduzzaman, A. N. M. (2011), "Thirty Years of Trade in Emerging Markets: Trend, Impact and Catching Up" 20th Annual World Business Congress, International Management Development Association, Poznan, Poland. July. ACADEMIC AND PROFESSIONAL SERVICE Membership and Positions in Professional Associations American Marketing Association (AMA) Academy of International Business (AIB) American Society for Competitiveness (ASC) International Management Development Association (IMDA) National Geographic Society American Association of University Professors (AAUP) American Association for Retired Persons (AARP) Institute of Management Consultants Bangladesh (IMCB) MBA Club Ltd., Dhaka, Bangladesh Institute of Business Administration Alumni Association (IBAAA), Bangladesh. Social Media Coordinator, American Society for Competitiveness, 2014 -Present. Social Media Manager/Administrator, International Management Development Association, 2016 - Present. Editorship Associate Editor, Journal of Competitiveness Studies, 2015 -present. 9 Associate Editor, Competitiveness Review, 2011-2012. Guest Editor, Special Issue on "Competitiveness of Emerging Nations in a Globalized World," Competitiveness Review, April, 2011. Membership in Editorial Boards Member of the Editorial Board for the following journals: Journal of Competitiveness Studies, Journal of Global Competitiveness, Competition Forum, Transnational Corporation Review, and SAM Advanced Management Journal. Reviewer of Journals and Conferences Review about 10-15 articles a year for the above journals and a few others, e.g., Journal of International Marketing, International Business Review, Competitiveness Review, International Trade Journal, International Journal of Emerging Markets, Competitiveness Review, Transnational Corporation Review, Academy and Thunderbird International Business Review. Also serve as reviewer for the yearly conferences of the associations mentioned above. Serve as track chair, session chair, discussant at the following conferences on a regular basis: American Marketing Association, American Society for Competitiveness, International Management Development Association, and Global Business and Technology Association. Workshop Leadership Workshop Leader/Resource Person, Faculty Development Workshop on Research Methodology, BRAC University, Dhaka, Bangladesh, December, 2015. Workshop Leader/Resource Person, Workshop on Research Methodology, United International University, Dhaka, Bangladesh, December 22-24, 2012. Invited Guest Speaker Waheeduzzaman, A. N. M. (2017), "Symposium on International Education as a Tool for Achieving Global Peace," International Education Week, Texas A&M University Corpus Christi, November. Waheeduzzaman, A. N. M. (2016), Plenary session speaker: "Does Good Governance Enhance National Competitiveness?" Annual Conference of the American Society for Competitiveness, Washington, D.C., October. Speaker at the Orientation Ceremony, Rajamangala University of Technology Phra Nakhon (RMUTP), Bangkok, Thailand (2015). Also, made a presentation on "Exploring Consumption Convergence" to the business faculty, August. 10 Waheeduzzaman, A. N. M. (2014), Plenary session speaker: "Assessing the impact of higher education on national competitiveness," Annual Conference of the American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, A. N. M. (2014), "Do we need democracy to enhance our national competitiveness," Institute of Business Administration, Dhaka University, Dhaka, Bangladesh, January 7, 2014. Waheeduzzaman, A. N. M. (2013), "From bottomless basket to a middle-income economy -What Bangladesh could do to enhance her international competitiveness," Institute of Management Consultants of Bangladesh, Dhaka, Bangladesh, January 7. Waheeduzzaman, A. N. M. (2012), "Competitiveness of Bangladesh as an Emerging Market," United International University, Dhaka, Bangladesh, March 11. Waheeduzzaman, A. N. M. (2010), "Emerging Nations in a Globalized World," Executives Club, Texas A&M University -Corpus Christi, March 10. Waheeduzzaman, A. N. M. (2009), "Understanding the Impact of Emerging Nations in a Globalized World," World Affairs Council of South Texas, October. Waheeduzzaman, A. N. M. (2009), "Trade and Competitiveness of Bangladesh," Rotary Club of Dhaka, Bangladesh, August. Waheeduzzaman, A. N. M. (2008), "Understanding the Impact of Emerging Nations," Delta Sigma Pi, Texas A&M University -Corpus Christi, October. Dissertation Supervisor and External Evaluator Serve as committee member/external reviewer for Ph.D. students at TAMUCC, Thammasat University, National Institute of Industrial Engineering, India and Aligarh Muslim University, India. Serve as external reviewer for tenure and promotion candidates at Texas A&M University, University of Pennsylvania Harrisburg, and Duquesne University. TAMUCC Committees/Institutions Currently Serving Chair, International Education Committee, 2016 -present. Graduate Council, 2017 -present. Member, Adhoc Faculty Performance Committee, 2015 -present. College of Business Committees Serving/Served at TAMUCC 11 Adhoc Faculty Performance Committee, 2015-2018. Member, Faculty Qualification Committee, 2015-2017. Member, MBA Task Force, 2013-2016. Chair/Co-Chair, Faculty Research Seminar, 2004-11. Member, Post -tenure Review Committee, 2012-15. Member, Grade Appeals Committee, 2016. Member, Post Tenure Review Committee, 2010-13. Member, Library Committee, 2001-06. Member, COB Assessment Committee, 2001-07. Member, Graduate Advisory Committee, 2000-03, 2006-08. Member, Tenure and Promotion Committee, 2003-05. Member, Accelerated/EMBA Task Force, 2001-02. Member, Math Task Force, 2004-05. University Committees Serving/Served at TAMUCC Chair, International Education Committee, 2016 -present. Member, Graduate Council, 2017 -present, 2001-03. Chair, Faculty Development Leave Committee, 2010-2012. Chair, Budget Analysis Committee, Faculty Senate, 2006-08. Member, Globalization Group -Strategic Planning Task Force, 2013-14. Member, Emerging Research Task Force, 2003. Member, Honorary Degree Committee, 2006-08, 2013-15. Member, Steering Committee for International Initiatives, 2006. Member, Institutional Review Board, 2003. 12 Senator (representing the College of Business), Faculty Senate, 2004-08. Member, University Scholarship Committee, 2006-09. Member, Academic Council, 2006-08. Member, University Library Committee, 2001-2003. 13 Service at Other Universities Head of Graduate Program and Director, MBA Program, North South University. Designed and implemented MBA program following the AACSB guidelines. Have administered the program for two years. 1997-99. Provided a formal structure to the School of Business. Chair, School of Studies, North South University. 1998-99. Was instrumental in developing an academic calendar, teaching credit system, faculty tenure and promotion criteria, and a strategic plan for the university. Member of various committees of the university including University Porichalona Porishod (Management Board), Academic Council, Finance Committee, Selection Committee, and Curriculum Committee. Vice Chair, Faculty Senate, University of New Haven, 1996-97. Also served as Senator for 3 years (1994-97) representing the School of Business. Participated actively in university administration. Member, Mission Steering Committee, School of Business, University of New Haven. The mission developed by the committee was eventually accepted as the mission of the School of Business that led to its AACSB candidacy for accreditation. Member, MBA Planning and Review Committee, School of Business, University of New Haven. 1996. This committee was responsible for designing an MBA program as per AACSB guidelines. Member, External Affairs Committee, University of New Haven. This committee was responsible for evaluating University of New Haven's academic programs in Israel, Greece, Cyprus, and other places. Member, Academic Standards Committee, University of New Haven. This committee oversees the academic standards of various programs of the university. Consulting (Partial List) Conducted market surveys, estimated demand and market potential, designed competitive strategy, and developed training programs in marketing and international business. Have strong statistical/quantitative and computer background. Partial lists of organizations consulted are given below. Phillips (Bangladesh) Ltd.: Market survey for electric bulbs, fluorescent tubes, audio and audio- visual products. 1984. American Express International Banking Corporation: Feasibility of setting up a joint venture computer service industry. 1981. 14 Bangladesh Textile Mills Corporation (BTMC): Investment feasibility of balancing and modernization of selected textile mills. 1983. International Committee of Management of Population Programs (ICOMP), Malaysia and Bangladesh Association for Community Education (BACE), Dhaka: Development of seven leadership and management training workshops for the urban and rural women leaders of Bangladesh. 1986. DISTINCTIONS, AWARDS AND HONORS Teaching Awards Teaching Excellence Award, 2013-14, College of Business, Texas A&M University -Corpus Christi. Nominated for university teaching excellence award. Outstanding Teaching Award (2000-2001), College of Business, Texas A&M University -Corpus Christi. Distinguished Teacher Award (1995-96), awarded by the President of the University of New Haven. Received a certificate and cash reward. Research Awards University Excellence Award in Research for 2011-12, Texas A&M University -Corpus Christi. Faculty Research Enhancement Grant, College of Business, Texas A&M University -Corpus Christi, 2006-07. Project title: Is the Consumption of Durables in Developed and Emerging Markets Converging? Faculty Research Enhancement Grant, Texas A&M University -Corpus Christi, 2004-05. Project title: Modernization, Convergence and Durables: A Comparative Inquiry of the Developed and Emerging Markets. Faculty Research Enhancement Grant, Texas A&M University -Corpus Christi, 2002-03. Project title: Penetration of Consumer Durables in Emerging Markets: Socioeconomic Influences Reconsidered. Faculty Research Enhancement Grant, College of Business, Texas A&M University -Corpus Christi, 2003-04. Project title: Competitiveness of Business Schools: A Quest for a Framework. Research Grant, the Asia Foundation, Dhaka, Bangladesh, 1999. Project title: "Facilitation of Trade and Investment among Bangladesh, India and Nepal: Sub -Regional Cooperation and Competitiveness." 15 Research Grant, Kyoto University, Japan, 1999. Project title: "(Un)ethical Behavior in Business: A Reward Punishment Probability Framework." Summer Research Grant, University of New Haven, 1996-97. Project title: Dimensions of International Competitiveness. Service Awards Outstanding Faculty Award in International Education, Texas A&M University Corpus Christi, 2017. Recognition for Social Media Contribution, American Society for Competitiveness, 2016. Senior Fellow, American Society for Competitiveness, 2013. Received a Certificate of Appreciation by the Mayor, City of Corpus Christi, for Service in the Library Board for six years (2002-08), 2008. Service Award, International Management Development Association, 2007. Academic Honors Alpha Mu Alpha, national honor society for marketing scholars, American Marketing Association, Kent State University, 1992. Beta Gamma Sigma, national honor society for business graduates, George Washington University, 1988. Phi Beta Delta, national honor society for intemational scholars, Kent State University, 1991. Sigma Beta Delta, national honor society for business majors, University of New Haven, 1996. Doctoral Consortium Fellow, Academy of Management. Dean's nomination, College of Business Administration, Kent State University, 1991. University Merit Scholarship, Dhaka University, Bangladesh, 1978-79. Ranked In in MBA (Marketing). Ranked 7th (out of about 50,000 students) in Higher Secondary School Certificate Examination in Rajshahi Board, Bangladesh, 1972. 16 COMMUNITY AND EXTRA -CURRICULAR Member, Corpus Christi Library Board, 2002-08. Appointed by the Mayor of the City. Represented Bangladesh in the D-8 Expert Group Summit on International Marketing and Trade, Cairo, Egypt, 1999. Nominated by the Ministry of Commerce, Government of Bangladesh. Represented George Washington University in International Leadership Workshop organized by Foreign Students Service Council, Washington, D.C. 1987. Chairman, Alumni Affairs, Institute of Business Administration (IBA), Dhaka University. 1982- 85. Organized the Alumni Day and the Reunion in 1983-84. Also was the Treasurer, IBA Alumni Association, Dhaka University. 1983-85. Vice President, Old Rajshahi Cadets Association, 1998. Was the General Secretary for the same association during 1976-78. Organized the 3rd Reunion for the old cadets in 1978. Troop Leader, Rajshahi Cadet College scout troop that won district championship in 1968, divisional trophies in 1969, and (the then) all -Pakistan national championship trophy in first aid in 1970. 17 CRIME CONTROL & PREVENTION DISTRICT *Nine (9) vacancies with terms concurrent with Council terms. (Each Council Member appoints a board member, subject to confirmation by the full Council). Composition The District will consist of the same number of members as the City Council. A member of the Board of Directors shall be appointed by each member of the City Council to serve at the pleasure of that member of the City Council for a term that is concurrent with the term of the member of the City Council that appointed the Director. Six-year term limitation. Confirmation of appointments by City Council as per Texas Local Government Code 363.1015. Name Term Appt Date End date Appointing Authority Positiol Status Category Attendance Bill Bonilla City Council Confirmation Appointed Council Member Ben Molina's Rep. Donald Clark City Council Confirmation Appointed Council Member Everett Roy's Rep. Fred E Edler 1 8/28/2018 11/1/2018 City Council Confirmation Reappointed Council Member Greg Smith's Rep. 15/15 meetings - 100% Lori Garcia City Council Confirmation Appointed Council Member Rudy Garza's Rep. Jim Kaelin City Council Confirmation Appointed Council Member Gil Hernandez's Rep. R. Scott Leeton 2 1/29/2013 11/1/2018 City Council Confirmation Reappointed Council Member Paulette M. Guajardo's Rep. 13/15 meetings - 86% Rene Saenz City Council Confirmation Appointed Council Member Roland Barrera's Rep Susie Saldana 2 1/13/2015 11/1/2018 City Council Confirmation Chair Reappointed Mayor Joe McComb's Rep. 13/15 meetings - 86% Joan Veith 2 1/13/2015 11/1/2018 City Council Confirmation Reappointed Council Member Michael T. Hunter's Rep. 15/15 meetings - 100% CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Jan 15, 2019 Profile William G Bonilla First Name Middle Initial Last Name 241 Cape Aron Dr. Street Address Corpus Christi City What district do you live in? * TX 78412 State Postal Code R District 4 Current resident of the city? « Yes rNo 5.5 years If yes, how many years? Mobile: (512) 417-5553 Primary Phone Business: (361) 881-1000 Alternate Phone Bonilla & Chap, P.C. Attorney___ Employer Job Title 2727. Morgan Ave. Work Address - Street Address and Suite Number Corpus Christi Work Address - City texas Work Address - State 78405 Work Address - Zip Code 3618811000 Work Phone bill.bonilla@bonilla-chapalaw.com Work E-mail address William G Bonilla Page 1 of 4 Preferred Mailing Address PI Home/Primary Address Which Boards would you like to apply for? CRIME CONTROL & PREVENTION DISTRICT: Submitted Interests & Experiences Are you a registered voter? a Yes n No Education, Professional and/or Community Activity (Present) Bachelor's in History - University of Texas - Austin - Dec. 2006 Juris Doctor - Thurgood Marshall School of Law - May 2012 President - Corpus Christi Young Lawyer's Association - present President - Corpus Christi Sunrise Rotary - present Why are you interested in serving on a City board, commission or committee? Since I've moved back to Corpus Christi from law school, I've had an interest in our community. I'm always looking for ways to better our community, and I believe serving on a city board is a great way to do so. I consider the Crime Control & Prevention District to be one of the most important commissions in the City of Corpus Christi. It assures we monitor and support a strong, competent police force by adequate staffing. It is important to maintan a safe and healthy community, thereby improving the quality of life for all. Reduction to crime starts at a very young age. We can develop plans to improve our youth. Upload a Resume Demographics Gender f1 Male 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? n Yes 67, No Do you, your spouse, your business or your spouse's business have a City contract? n Yes No William G Bonilla Page 2 of 4 Does your employer or your spouse's employer have a City contract? O 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? ✓ Yes c 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? O Yes oNo 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) William G Bonilla Page 3 of 4 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. 17 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. IR 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 or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. 17 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. pi I Agree William G Bonilla Page 4 of 4 Bill Bonilla PO Box 5080, Corpus Christi, Texas 78465; Ofc: 361-881-1000; Cell 512-417-5553; bill.bonilla®bonilla-chapalaw.com; EDUCATION: J.D.; Thurgood Marshall School of Law; May 2012 B.A.; University of Texas at Austin; December 2006 Major: History; Minor: Sociology University of Texas Study Abroad at Brasenose College, Oxford University, UK (2004) EMPLOYMENT: May 2012 - present Bonilla & Chapa, P.C., Attorney • Lead attorney in multiple criminal trials • Second chair in several civil and criminal trials • Drafted pleadings and motions on a variety of legal issues, including criminal, family, and personal injury May 2009 — August 2009 Employee of Linebarger, Goggan, Blair, & Sampson, LLP, Houston, Texas • Worked on Discovery, Motions, and Pleadings • Prepared files for litigation, gathered evidence for trial, researched case law April 2008 — September 2008 Employee of The Flores Law Group, Houston, Texas • Worked on Discovery, Motions, Pleadings February 2007 — September 2007 Employee of Hillco Partners, L.L.C., Austin, Texas • Participant in Texas Senate/House Committee Hearings (Health and Human Services, Public Education) • Participant in T.E.A. Hearings & U.S. Health and Human Services Conference Calls • Worked with and assisted the top lobbyists in the state and nation March 2005 — August, 2005 Employee of the Texas Senate at the Texas State Capitol, Austin, Texas • Participant in Texas Senate Committee Hearings • Participant in Texas Senate Sessions EXTRACURRICULAR ACTIVITIES: Leadership Corpus Christi, alumnus, Class 44 Corpus Christi Bar Association, member (2015 — present), Board of Directors (2018 - present) Corpus Christi Young Lawyers Association, Board of Directors (2015- present) • President (July 2018 -present) • President -Elect (July 2017- July 2018) • Secretary (August 2016 - present) • Event coordinator, "Love Shouldn't Hurt 5K" benefiting The Women's Shelter, February 2016 • Event coordinator, "Puppy Love 5K" benefiting PAAC, February 2017, 2018, 2019 Sunshine Rotary Club, member (2015- present) • President, July 2018- present Young Business Professional of the Coastal Bend, member Youth Soccer Coach, i9 Sports Corpus Christi Roadrunners, member Coastal Bend Criminal Defense Lawyers Association, member St. Philip the Apostle, Catholic Church, member Hispanic Law Students Association (HLSA), member • Sergeant at arms, (March 2011 — April 2012) Alpha Phi Omega at the University of Texas — Alpha Rho Chapter (2003 — 2006) • Ran and participated in events such as campus wide blood drives and campus S.U.R.E. walks • Volunteered at places such as Retirement homes, Capitol Area Food Bank, Elementary Schools, and Merit Badge University Mexican American Culture Committee at the University of Texas (2004 — 2006) • Coordinated events such as a nation wide concert and dances held on the University's campus CITY OF CORPUS CHRISTI Submit Date: Jan 08, 2019 Application for a City Board, Commission, Committee or Corporation Profile Donald E Clark First Name Snits Email Address Middle Initial Last Name 6425 Coronation Drive Street Address Corpus Christi City What district do you live in? * TX State 78414 Postal Code Il District 5 Current resident of the city? r• Yes r No Mobile: (361) 443-0558 Primary Phone Home: (361) 929-5217 Alternate Phone Carlisle Insurance Broker Employer Job Title 500 N. Water Suite 900 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78401 Work Address - Zip Code 3618842775 Work Phone donc@carlisleins.com Work E-mail address Preferred Mailing Address 17, Home/Primary Address Donald E Clark Page 1 of 4 Which Boards would you like to apply for? CRIME CONTROL & PREVENTION DISTRICT: Submitted Interests & Experiences Are you a registered voter? c Yes r No 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) Commercial Insurance Broker. Member of Buccaneer Commission, Church vestry, School PTA's and President of VMHS Soccer Booster Club. Why are you interested in serving on a City board, commission or committee? I feel that it is important to be involved in the community in which you live. It is imperative that people use their time, talents or treasures to better serve their neighbors. Demographics Gender R: Male 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 n No Do you, your spouse, your business or your spouse's business have a City contract? r Yes [ No Does your employer or your spouse's employer have a City contract? c! Yes r No Donald E Clark Page 2 of 4 Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? a Yes e 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? 0Yes 0')No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 0 Yes 6 No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. I work for Carlisle Insurance who is the Broker of Record for the city's Property and Casualty insurance. I am not the servicing agent. Board -specific questions (if applicable) Verification Donald E Clark Page 3 of 4 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. p 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 or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. P11 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 1 I Agree Donald E Clark Page 4 of 4 CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Aug 20, 2018 Profile Fred Edler First Name Last Name Email Addres 15350 Isabella Court Street Address Corpus Christi City What district do you live in? * TX State 78418 Postal Code I District 4 Current resident of the city? Yes r No 7.5 If yes, how many years? Home: (361) 949-4749 Primary Phone Retired Employer N/A Work Address - Street Address and Suite Number N/A Work Address - City N/A Work Address - State N/A Work Address - Zip Code N/A Work Phone Work E-mail address Fred Edler Mobile: (713) 412-6402 Alternate Phone Vice President Job Title Page 1 of 4 Preferred Mailing Address FI Home/Primary Address Which Boards would you like to apply for? CRIME CONTROL & PREVENTION DISTRICT: Submitted Interests & Experiences Are you a registered voter? o Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Would like to serve on "Crime Control and Prevention District ". Education, Professional and/or Community Activity (Present) President, LaPosada Foundation -current Chairman, Padre Island Yacht Club Long Range Planning Committee, Past Commodore Graduate Loyola university Vice President of BFI and Waste Management - retired Why are you interested in serving on a City board, commission or committee? Active on the Island, District 4. Have led my HOA in Houston in forming a Neighborhood Watch Program. Demographics Gender 17 Male 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 e No Does your employer or your spouse's employer have a City contract? ✓ Yes e No Fred Edler Page 2 of 4 Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? C Yes e 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? C Yes ? No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. All answers were "no". Board -specific questions (if applicable) Verification Fred Ether Page 3 of 4 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. 17 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. 17 I Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. 17 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Fred Edler Page 4 of 4 CITY OF CORPUS CHRISTI Submit Date: Jan 09, 2019 Application for a City Board, Commission, Committee or Corporation Profile Mrs. Lori L Garcia Prefix First Name Email Address 3229 Mendocino Dr Middle Initial Last Name Street Address Corpus Christi TX 78414 City What district do you live in? * State Postal Code R District 5 Current resident of the city? rz Yes n No 39 If yes. how many years? Mobile: (361) 537-2205 Business: (361) 854-0021 Primary Phone Alternate Phone Nueces County CSCD Supervisor Employer Job Title 1901 Trojan Drive Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78416 Work Address - Zip Cade lori.lopez@nuecesco.com Work E-mail address Preferred Mailing Address 17 Home/Primary Address Mrs. Lori L Garcia Page 1 of 4 Which Boards would you like to apply for? CRIME CONTROL & PREVENTION DISTRICT: Submitted Interests & Experiences Are you a registered voter? e Yes r No Education, Professional and/or Community Activity (Present) Graduate from Del Mar College with an Associates in Arts in 2005 Double Major Graduate from Texas A&M Corpus Christi with a Bachelors in Criminal Justice and Spanish in 2007 Help with fundraisers for The Purple Door (Formally known as the Womens Shelter of South Texas, and fundraisers for CASA of the Coastal Bend. Why are you interested in serving on a City board, commission or committee? I was born and raised here in Corpus Christi, and would love to help our city in any way possible so residents feel safe and comfortable here. Upload a Resume Demographics Gender Flt Female 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? ✓ Yest No Do you, your spouse, your business or your spouse's business have a City contract? rYesc No Does your employer or your spouse's employer have a City contract? ✓ Yes n No Mrs. Lori L Garcia Page 2 of 4 Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? cYes c 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? O Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes e 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) Verification Mrs. Lori L Garcia Page 3 of 4 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. R 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. 17 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 or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. fd I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Mrs. Lori L Garcia Page 4 of 4 3229 Mendocino Dr, Corpus Christi, Texas 78414 ell: 361-537-2205 Lori Lee Garcia Highlights • English — mother tongue level • Spanish — professionally fluent, advanced knowledge • 10 years of experience in translation, proofreading, editing and revision in Spanish and English languages in all combinations • Specializing in the following fields: legal, marketing, and medical • Passionate about languages and linguistics • Independent, self -driven, detail -oriented, curious • Pro -actively prioritizing tasks • Excellent interpersonal skills, collaboration across countries and time zones • Fast learning • Passionate about marketing and why people gear towards certain companies • Zumba instructor • Strong by Zumba instructor Experience Kantar Operations 5277 Old Brownsville Road Corpus Christi, Texas 78405 March 2005 - August 2009 Translator & Supervisor • Translated marketing materials as needed for various big named companies, as well as translated questionnaires to be conducted throughout the United States and other Spanish speaking countries, translated commercials to be aired on national television and also translated open ended statements via the Internet for surveys conducted nationwide. • Spec checked various questionnaires before being sent to programming to be turned in to an actual survey to be conducted across the United States and other Spanish speaking countries. • Spec checked various surveys that were programmed and finalize any errors that may arise while conducting the actual survey. • Quality check the Spanish of over 185 employees when conducting phone surveys across the United States • Conduct interviews and hire people based on their Spanish speaking, reading and writing abilities. Nueces County CSCD 1901 Trojan Drive Corpus Christi, Texas 78416, October 3, 2007 - present Supervisor • Supervise various officers on various caseloads, including offenses such as sex cases, domestic violence, drugs, and various others. • Attend court when needed and testify in cases, and brief the court on the status of offenders. • Sign motions to be submitted to the Court when needed. • Visit offenders at home to verify residence addresses, employment and ensure that offenders abide by their curfew. • Maintain a caseload size of 85-140 offenders up to date. Language Logic, LLC 600 Vine Street Suite 2020 Cincinnati, Ohio 45202 October 2009 - March 2011 Contract Translator & Coder • Translated open ended statements via the internet for surveys conducted worldwide. • Coded open ended statements via the internet for surveys conducted worldwide. Education Texas A&M University Corpus Christi Bachelor of Arts — Spanish, August 2007 Texas A&M University Corpus Christi Bachelor of Science — Criminal Justice, August 2007 Del Mar College Associates in Arts — Foreign Languages, May 2005 CITY OF CORPUS CHRISTI Submit Date: Jan 07, 2019 Application for a City Board, Commission, Committee or Corporation Profile Jim First Name Email Address 7505 Exeter D Kaelin Middle Initial Last Name Street Address Corpus Christi City What district do you live in? * TX State 78414 Postal Code R District 5 Current resident of the city? G, Yes r No 70 If yes, how many years? Home: (361) 813-3443 Mobile: (361) 215-6614 Primary Phone Alternate Phone Retired Texas DPS and Nueces County Employer NA Work Address - Street Address and Suite Number NA Work Address - City NA Work Address - State NA Work Address - Zlp Code NA Work Phone NA Work E-mail address Sheriff Job Title Jim D Kaelin Page 1 of 5 Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CRIME CONTROL & PREVENTION DISTRICT: Submitted Interests & Experiences Are you a registered voter? M Yes n No 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) Del Mar College AAS Police Science, Goodwill Board of Directors, Fraturnal Order of Police, National Sheriff Association, Texas Sheriff Association If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) NA Why are you interested in serving on a City board, commission or committee? I am committed to public safety. I have spent 50 years in Law Enforcement. I believe I can contribute to this committee if appointed to this board. Upload a Resume Demographics Gender F7 Male 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? C Yes e No Jim D Kaelin Page 2 of 5 Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes c No Does your employer or your spouse's employer have a City contract? • Yes (7: 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 n 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? fl Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes 0 No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. NA Board -specific questions (if applicable) Jim D Kaelin Page 3 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. p, 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. p 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 or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. p I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. p I Agree Jim D Kaelin Page 4 of 5 Jim D Kaelin Page 5 of 5 Jimmie D. Kaelin 7505 Exeter Corpus Christi, TX 78414 Res. (361) 813-3443 EDUCATIONAL BACKGROUND Del Mar College, Corpus Christi, TX Associate of Applied Science (AAS), Police Science 1971. Department of Public Safety Law Enforcement Academy (DPS), 1972 Northwestern University, Evanston IL Graduate of the Police Staff and Command School, 1989 Governor's Center for Management Development, San Marcus, Texas, Leadership Development Program Texas State Management Development Center. San Marcus, Texas, Management Training Center PROFESSIONAL BACKGROUND SHERIFF NUECES COUNTY 2006 - 2018 TEXAS DEPARTMENT OF PUBLIC SAFETY Service Commander (Lieutenant). Safety Education Service 1972 - 2001 1989 — 2001 Accident Prevention Coordinator. Review and report on all personnel injuries in DPS Region 3 Regional Fleet Safety Coordinator. I was responsible for all fleet collisions in region three and conducted remedial drivers training for employees charged with preventable collisions. Designed and executed safety -training programs for automobile safety, pedestrian safety, commercial vehicle safety, school bus safety, railroad safety and motorcycle safety. Served as the public information officer. In addition to the above responsibilities I develop objectives, establish procedures, set policies, and maintain standards for officers in a 39 South Texas county area. Supervise, train, schedule, and evaluate employees. Forecast, prepare, and monitor budgets. Order supplies and equipment. Regional Recruiting Coordinator. Responsible for all recruiting in DPS Region 3. Adjunct Instructor Del Mar College, Regional Law Enforcement Academy and instructed traffic law, ethics, interpersonal communications, report writing, stress management. Photography skills (collisions, and fatal accident scenes) Highway Patrol Trooper 1972 —1989 Routine traffic patrol duties on the rural highways of the state of Texas Investigated and reported contributing causes of motor vehicle collisions Criminal interdiction Motor Vehicle Safety Inspection Station Supervision NUECES COUNTY 1968 – 1972 Continued – Page 2 Deputy Sheriff (Court Bailiff for Judge Vernon Harville) Deputy Constable Pct 1 (Fred Wilburn Constable) PROFESSIONAL LICENSE Master Peace Officer Certification, Certified Firearms Instructor, Certified Police Instructor, Certified Defensive Driving Instructor for the National Traffic Safety Institute. Advanced Safety Certification (ASC) by the National Safety Council Special Ranger Commission, Texas Department of Public Safety MILITARY 1959 - 1968 US Army, Staff Sergeant (E-6) Viet Nam Veteran - 6th Battalion 31st Infantry, 9th Infantry Division Honorable Discharge AWARDS AND COMMUNITY SERVICE Houston Shriners Hospital for Children — Former Member, Board of Governors Southside Rotary Club – President 1999 – 2000 West Rotary Club - Member Al Amin Shriners –Potentate (CEO) 2003 Al Amin Shriners - Past President and life member Shrine Clown Unit Goodwill Industries – Elected Emeritus Board Member 2004 Liberty Bell Award - Young Lawyers Association - Outstanding Achievement, 1991 AAMV Recognition for traffic safety program development W.E. Hale Award for outstanding achievement in safety education program development, 1988 Boy Scouts of America – Eagle Scout Boy Scouts of America, Past Advisory Board chairman - Explorer Post 51 National Uniformed Safety Education Officers Association – Past President and Board Chairman 1998 - 2000 CB Council on Alcohol and Drug Abuse, Past Board President and advisory board member Texas PTA - Life member OxyChem – Past Board President and Member of the Citizen Advisory Review Board. CITY OF CORPUS CHRISTI Submit Date: Jan 08, 2019 Application for a City Board, Commission, Committee or Corporation Profile Rene Saenz First Name Last Name rene.saenz@ccisd.us Email Address 6022 Sweet Gum St. Street Address Corpus Christi City What district do you live in? * TX State 78415 Postal Code P District 3 Current resident of the city? a Yes n No 43 yrs. If yes, how many years? Mobile: (361) 288-5025 Home: (361) 288-5025 Primary Phone Alternate Phone Corpus Christi ISD Educator Employer Job Title 1818 Trojan Drive Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78416 Work Address - Zip Code 361) 878-7340 Work Phone rene.saenz@ccisd.us Work E-mail address Rene Saenz Page 1 of 5 Preferred Mailing Address R Home/Primary Address Which Boards would you like to apply for? CRIME CONTROL & PREVENTION DISTRICT: Submitted Interests & Experiences Are you a registered voter? e Yes et No 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) B.A. in Government from University of Texas at Austin Graduate Work 54hrs. in Education, Public Administration, History, and Political Science If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Crime Control and Prevention District Why are you interested in serving on a City board, commission or committee? I am interested in assisting in the decision making process of the Crime Control District, providing insight on decision making, and looking at ways to effectively deal with crime in our community, specifically District 3 and area code 78415. Upload a Resume Demographics Gender p Male 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? 0 Yes No Rene Saenz Page 2 of 5 Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yesa No Does your employer or your spouse's employer have a City contract? rYes G 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 q: 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. No Board -specific questions (if applicable) Rene Saenz Page 3 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. 17 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. 17 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 or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. 17 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Rene Saenz Page 4 of 5 Rene Saenz Page 5 of 5 Rene Saenz 6022 Sweet Gum St. Corpus Christi, TX 78415 Phone: 361-288-5025 e-mail: me rene.saenz@ccisd.us Objective: Seeking an appointment to the Corpus Christi Crime Control and Prevention District. Education: Texas A& M University -Kingsville -Working towards a Master of Arts in History and Political Science (36 hrs.) Texas A& M University -Corpus Christi -Received Texas Teacher Certification in - Social Studies 8-12 - History 8-12 University of Texas at Austin -Bachelor of Arts in Government with a minor in History Teaching Experience Ray High School 2008-2011 (Corpus Christi ISD) Secondary Education Teacher --- Teacher of World Geography and Government Carroll High School 2006-2008 (Corpus Christi ISD) Secondary Education Teacher - Teacher of Government and Economics. Student Learning and Guidance Center 2004-2006 (Corpus Christi I.S.D.) Secondary Education Teacher - Social Studies William Adams Middle School 1999-2001 (Alice I.S.D.) Secondary Social Studies Teacher - United States History Private Sector Work Experience Farmer Insurance Group Insurance Agent Training and Workshops - Working Successfully with Difficult and Reluctant Students - Sheltered Instruction - Highly Effective Questioning - Cooperative Discipline Teacher's Encyclopedia of Behavioral Management Economics in Social Studies Issues of International Trade And Numerous other trainings and workshops School Activities - Former Sponsor of the Junior Statesmen of America Former Debate Coach Former Assistant Soccer Coach Miller High School Former Student Government Sponsor Conferences - American Federation Teachers 2006 & 2008 (Boston, Mass.) and (Chicago, Ill.) - Hispanic Heritage Conference 2005 (Corpus Christi, TX) Community - Corpus Christi ISD Employee Insurance Committee, current member -Crime Control and Prevention District, Past Board Member - Downtown Redevelopment Committee, Past Committee Member - Master Facility Plan - District 2 Elementary Action Team, Past Committee Member (CCISD) - Texas EX's Student's Association, Member - Padre Soccer League, Coach - Viewpoints Column Contributor to Corpus Christi Caller Times, Corpus Christi Observer, and We The People Periodical Destination Bayfront References - Dr. Sandra Clement (361) 878-7340 MARINA ADVISORY COMMITTEE *Four (4) vacancies with terms to 12/18/2020 representing the following categories: 1- Scientist, 1- Restaurant Member and 2 - Community At - Large. Composition Nine (9) members appointed by the City Council for two-year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be a Representative of a Restaurant located within the boundaries of the Corpus Christi Downtown Management District, and five (5) Community At -Large members. In the initial appointment, members will serve an initial two-year term, in the succeeding term, 5 members will serve a two-year term, and 4 members will serve a one-year term, as determined by drawing. Thereafter, all terms will be two -years. Name Term Appt. date End date Appointing Authority Position Status Category Attendance Martha A Avery 1 8/8/2017 12/18/2018 City Council Seeking reappointment Restaurant 7/11 meetings -63% (4 excused absences) Sharon Emerson 3 5/14/2013 12/18/2018 City Council Met six year service limitation Community At - Large Clare Lee 3 5/14/2013 12/18/2018 City Council Met six year service limitation Scientist Robert "Bob" Paulison 3 5/14/2013 12/18/2018 City Council Chair Met six year service limitation Community At - Large Mona Baen 3 2/11/2014 12/18/2019 City Council Active Community At - Large William McDowell 3 2/11/2014 12/18/2019 City Council Active Engineer Gerry C Morrow 1 12/12/2017 12/18/2019 City Council Active Community At - Large Ron Smith 2 12/15/2015 12/18/2019 City Council Active Community at Large Hal Suter 3 2/11/2014 12/18/2019 City Council Active Environmentalist Application List Name District Category District 5 Scientist Robyn A Cobb =tle' i' urltty Donnell ("Don") H. Laux District 1 Community At -Large daAlvare nit t-L-arge ®,atria °":xComrn _ Sarah Tominack District 5 *' Scientist CITY OF CORPUS CHRISTI Submit Date: Dec 03, 2018 Application for a City Board, Commission, Committee or Corporation Profile Richard First Name Email Address 10014Compton Road SAddress cree_ _---- Street E Middle Initial Bell Last Name Corpus Christi TX 78418 City Slate Postal Code What district do you live in?* W District 4 Current resident of the city? r• Yes r No 14 yes, howwmany years? Home: (361) 815-3111 Home: (361) 946-3111 _ernate Pt Primary Phone Alternate AlternatePh glYe ate one Texas A&M University Corpus Christi _ _ Visiting Professor_ Employer Job Title 6300 Ocean Drive, COB Work Address-Snee[Adtlress and Suite Number Corpus Christi Work -rd -- WAAddrr ess- City Texas Work Address ess - State _. S 78412 Work Address - Zip Code 361 825 3606 Work Phone Richard.bell@tamucc.edu Wrk il d Work E-mailaddress Richard E Bell Page 1 of 5 Preferred Mailing Address p Home/Primary Address Which Boards would you like to apply for? MARINA ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? t: Yes r No 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 History Bachelors of Science Degree from Excelsior College, Major in Management Masters Degree in Accounting from Texas A&M Corpus Christi Other fields of study greater than 15 hours, Education, Electronic Technologies and Social Studies Organizations: Corpus Christi Yacht Club, Chair, Cruising Committee 2008, 2009 and 2010, Education 2013 Board Member Midget Ocean Racing Fleet (MORF) 2013-2014 Chair, South Texas PHRF Committee, 2014 Bay Yacht Club, Vice Commodore, 2016 Youth Worlds Safety Boat Captain, 2018 Governors Emerging Technology Fund Regional Selection Committee 2010 to 2011 Commander, Combat Veterans Association 2016-2017 Rotary Club, Corpus Christi, Sunrise Treasurer 2008, President Elect 2010, President 2011, Assistant District Governor 2012- 2013 YWCA, Corpus Christi 2008-2009 Publications and Awards Awarded Patent 5,769,677 - Marker Buoy for Remote Operated Vehicles Awarded Commission as Admiral in the Texas Navy by Governor Rick Perry Licensed US Coast Guard Master Licensed Business Incubator Manager from the National Business Incubator Association US Navy Master Training Specialist Authored/Co-authored various articles, technical manuals, tactical doctrines and curriculum. Why are you interested in serving on a City board, commission or committee? Was asked by incoming CCYC Commodore to submit my name to replace outgoing member Martha Avery in a hope to continue a CCYC relationship with the Advisory Board. Have had numerous boats in the marina and use the facilities throughout the year in my involvement with the various on water organizations. I currently have the time to commit to this project. Upload a Resume Demographics Gender 17 Male Richard E Bell Page 2 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 c No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes e No Does your employer or your spouse's employer have a City contract? ✓ Yes c 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 c 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 s 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 MARINA ADVISORY COMMITTEE The Marina Advisory Committee must include representatives from certain categories. Do you qualify for any of the following categories? * 17 None of the above Richard E Bell Page 3 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. Fir 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 or in any attachment (e.g. resume) 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. Fir I Agree Richard E Bell Page 4 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. IP I Agree Richard E Bell Page 5 of 5 Curriculum Vitae RICHARD E. BELL 10014 Compton Road Corpus Christi, Texas 78418 Mobile: (361)815-3111 richard.bell@tamucc.edu siviliesimistismst Education History Bachelors of Science Degree from Excelsior College, Major in Management Masters Degree in Accounting from Texas A&M Corpus Christi Other fields of study greater than 15 hours, Education, Electronic Technologies and Social Studies Employment History Visiting Professional Assistant Professor, Accounting January 2018 — Present: Texas A&M University, Corpus Christi Instruct TAMUCC students in Financial, Managerial and Fraud Accounting, as well as Finance 3312. October 2015 — February.2016 — Southern Career Institute, Accounting and Professional Skills.. Principle, Biggles Undersea, LLC 2011 — Present, Consulting firm specializing in business entrepreneurship and financial assistance. Director, Coastal Bend Business Innovation Center Regional Director, EDA University Center January 2009 — 2011: Texas A&M University, Corpus Christi As Director, I was ultimately responsible for the development from inception to fruition of an economic development business incubator/innovation center for the Texas Coastal Bend area. • Supervised a staff of 5 full time and 14 students; administer a budget of over $700,000.00 dollars. Counsel business executives in startup/operational skill sets and assist in equity acquisition. Responsible for the creation and maintenance of program infrastructure. • Developed a robust grant/equity funding program which subsequently received over $5,000.000 in grants and $3,900,000 in equity investment in the first two years. • Executed a successful capital plan of actions and milestones that carried the project from a small office though a temporary facility to a 45,000 square foot permanent home. • Using systemic operational and marketing models from other successful similar projects, grew the program rapidly; exceeding all governing metrics and returning an activity ROI of 15:1 within the first two years. • Perform numerous speaking and media public appearances to promote the program and the University's College of Business. Chief Operating Officer/Principle 2005 — Nov 2008 — Coastal Bend Yacht Services, Corpus Christi TX COO/Senior Captain for a small yacht services company performing yacht maintenance, diving, salvage and delivery services. • Responsible for all operational aspects of the company to include: scheduling, diving/electronic/general maintenance, customer support, training and accounting financials to include accounts receivable/payable/payroll. • Sold Company November 2008. RICHARD E. BELL Employment History (cont'd) Deputy Director for Training 2002 — 2003/ 2004 — 2005 — Department of the Navy, Corpus Christi TX Deputy Director for Training; Reported to an Admiral for the training, assessment, data collection, budgets, monitoring and trend analysis of 3 squadron staffs, 27 ships and one ACE accredited graduate/undergraduate teaching institution. • Senior Assessor for pre -deployment certification of UK and US educational forces. Liaison to British staffs supporting various naval operations. • Operational and technical advisor for various working groups tasked with solving complex tactical, technical, educational and engineering issues along.with various organic, unmanned vehicle, underwater mapping and other research/development projects. Dean, Students and Staff 1998 -.2001 — Department of the Navy, Ingleside TX Dean of Students and Staff at an ACE accredited Department of Navy collegiate level educational institution. • Responsible for instructor, staff and student performance, assessment, standard/electronic/WEB based curriculums, accounting budgets and accreditation. • Developed, instructed and supervised graduate/undergraduate level courses in applied physics, statistics, electronics, marine sonar/navigation, naval sciences and others. • Developed and implemented first year curriculum helping to insure the instructional and professional success of students transitioning from high school/college. Operations Officer, Technical Director 1989 — 1998 Department of the Navy, Various locations • Operations Officer, Supervised, planned and led underwater GIS, sonar, remote vehicle and dive team operations in US, Caribbean, Persian Gulf and Europe. While assigned served as bridge First Officer, Primary Piloting, TAO and Docking Officer for restricted maneuvers and Cryptographic Security Officer. • Naval Liaison to the Lithuanian Minister of Defense and Administrations/Operations Chief to the Commander of a four man training and liaison team working to build active involvement in post soviet strategic, tactical, manpower, training and budget issues. • Department Head and Technical Director. Responsible for the tracking and response by military/civilian engineers of casualty/training assists for various naval mine countermeasure ship platforms. While assigned conducted new ROV/ HF SONAR design and construction inspections, acceptance and builders trials as well as new construction crew training.. Program Manager for 3 vessel overhauls and 2 new construction ships. Research and Development Experience 1983 - Naval design development award for improvements to the AN/SQR-17 Sonar system. 1991 - Awarded US Patent 5,769,677 for design of remote operated vehicle marker device use in Operation Desert Storm. 1992-1995 - New construction flight test supervisor and pilot AN/SLQ-48 Naval Remote Operated Underwater Vehicle. 2001-2002 - Design and development evaluation team for new underwater unmanned autonomous vehicle identification package. Teaching Experience 1998 - 2004 - Taught and developed undergraduate and graduate level curriculum for the Department of the Navy at an ACE accredited institution. 2015-2016 - Adjunct Instructor Southern Careers Institute, Accounting and Professional Skills courses. 2009 — 2011 & 2018 - Present - Teach basic accounting and business skills for Texas A&M University — Corpus Christi Software Expertise Microsoft Office (Excel, Word, Power Point, Publisher, Access), Various Web and Educational software Various accounting and auditing software Smart FTB Web publishing Travel . Europe: UK: France, Spain, Italy, Denmark, Sweden, Lithuania, Germany and Austria Asia: Japan: Philippines, Australia, China and Samoa, Middle East: Saudi Arabia, Bahrain, UAE and Kuwait, Africa; Kenya, Egypt, Americas: Canada, Mexico, Bahamas, Honduras, Belize and Bermuda Security Clearance Highest: Top Secret, BI on File, Latest: Secret Organizations: Corpus Christi Yacht Club, Chair, Cruising Committee 2008, 2009 and 2010, Education 2013 Board Member Midget Ocean Racing Fleet (MORF) 2013-2014 Chair, South Texas PHRF Committee, 2014 Bay Yacht Club, Vice Commodore, 2016 Youth Worlds Safety Boat Captain, 2018 Governors Emerging Technology Fund Regional Selection Committee 2010 to 2011 Commander, Combat Veterans Association 2016-2017 Rotary Club, Corpus Christi, Sunrise Treasurer 2008, President Elect 2010, President 2011, Assistant District Governor 2012-2013 YWCA, Corpus Christi 2008-2009 Publications and Awards Awarded Patent 5,769,677 - Marker Buoy for Remote Operated Vehicles Awarded Commission as Admiral in the Texas Navy by Governor Rick Perry Licensed US Coast Guard Master Licensed Business Incubator Manager from the National Business Incubator Association US Navy Master Training Specialist Authored/Co-authored various articles, technical manuals, tactical doctrines and curriculum. CITY OF CORPUS CHRISTI Submit Date: Jan 14, 2019 Application for a City Board, Commission, Committee or Corporation Profile Robyn A Cobb First Name Middle Initial Last Name Email Address 7032 Lake View Dr Street Address Corpus Christi TX 78412 City What district do you live in? * State Postal Code 17 District 5 Current resident of the city? e Yes r No 38 It yes, how many years? Mobile: (361) 960-4017 Home: (361) 960-4017 Primary Phone Alternate Phone Just retired- formerly U.S. Fish and Wildlife Service Fish & Wildlife Biologist Employer Job Title NA Work Address - Street Address and Suite Number Was Corpus Christi Work Address - City TX Work Address - State 78411 Work Address - Zip Code NA Work Phone Work E-mail addre Robyn A Cobb Page 1 of 5 Preferred Mailing Address p Home/Primary Address Which Boards would you like to apply for? MARINA ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? 1f so, please list: No Education, Professional and/or Community Activity (Present) Bachelors of Science- Animal Science; University of Florida Masters of Science - Wildlife; CCSU (now TAMUCC) Worked for U.S. Fish & Wildlife Service for 30 years; retired as of 12/31/2018 Involved in numerous ways with Coastal Bend Bays & Estuary Program since it's inception. Also, worked closely with the Coastal Bend Bays Foundation in the past. Was a member of Flint Hills Community Advisory Council for a number of years; active in projects promoted by that group. Involved in many activities in my church; St. John's United Methodist Church. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Marina Advisory Committee Why are you interested in serving on a City board, commission or committee? I believe that Corpus Christi is blessed with many resources, not the least of which is its amazing natural resource base. Because the Marina Advisory Committee has the ability to work with the city department in charge of marina functions including the marine environment, I would like to have a part in helping to develop and implement projects that would enhance the marina's physical and natural environment for the enjoyment of Corpus Christi residents and visitors and to enhance habitat for fish and wildlife in that area. Upload a Resume Demographics Gender 17, Female Code of Ethics - Rules of Conduct/Conflicts of Interest Robyn A Cobb Page 2 of 5 Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes G No Do you, your spouse, your business or your spouse's business have a City contract? CYes rNo Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes l•' 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 6 No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes c No 1f you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Corpus Christi Board -specific questions (if applicable) Question applies to MARINA ADVISORY COMMITTEE The Marina Advisory Committee must include representatives from certain categories. Do you qualify for any of the following categories? * 17 Scientist, i.e. Marine Biologist Robyn A Cobb Page 3 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. 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. p I Agree Robyn A Cobb Page 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. 17 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Robyn A Cobb Page 5 of 5 RESUME: Robyn A. Cobb DOB: 4/16/1954 Birthplace: Sarasota, Florida Married since 1982 Two sons; ages 33 and 27. Two grandchildren; ages 6 and 3. Education: • Primary and Secondary School: all in Sarasota, FL • College o Associate in Arts - 1974 - Manatee Junior College, Bradenton, FL o Bachelors of Science; Animal Science - 1977 - University of Florida (U of F) - Gainesville, FL o Masters of Science, Wildlife - 1988 - Corpus Christi State University (CCSU) (now TAMUCC) Work History: • During teenage years and off and on in college, worked in restaurants and doing odd jobs • 1973-1975, worked part time for the University of Florida's Institute of Food and Agricultural Sciences at a field station in Bradenton, Florida while attending junior college. • 1975 - 1977, worked part-time through the work study program for a Wildlife Parasitologist at U of E. • 1978 - fall 1979, post -graduation, worked full-time for a research endocrinologist in the Shands' Teaching Hospital that is associated with U of F. • Fall 1979- fall 1980 - worked in a casino in Stateline, Nevada (took a break from serious work to spend a year in the mountains). • 1981 began coursework at CCSU with a goal of certification to teach biology. Instead, began graduate school working on a wildlife science degree. Worked for my major advisor through a grant to do a parasite study on American White Pelicans. Worked on a separate project for my thesis. Graduated in 1988. • 1986 continued to work under a grant from U.S. Fish & Wildlife Service (USFWS) to the Center for Coastal Studies (CCS) at TAMUCC. For one year, conducted a follow-up study on the success/failure of mitigation associated with section 10/404 permits issued by the Army Corps of Engineers • 1987 worked entire year on a second study contracted to CCS by USFWS; this study focused on management actions for nesting colonial waterbirds • 1988 began work as full-time staff biologist for USFWS; have continued in this position until December 31, 2018 when I retired. Over a 30 -year career with USFWS, I have worked in programs developed to assist private landowners with habitat enhancement and recovery, and for the past 15-20 years, I have worked mostly on recovery efforts for threatened and endangered species. Community Involvement: • From early 1990's through current time, I have worked closely with the Coastal Bend Bays and Estuaries Program, both in its initial efforts to develop a plan for conservation of Coastal Bend resources as well as in the implementation of various projects. • I have been a member of the Coastal Bend Bays Foundation and served in various ways in that organization • I am a long-time member of the Coastal Bend Audubon Society • I was an active member of the Flint Hills Community Advisory Committee for a number of years; working on a variety of projects • I have been an active member of my church, St. John's United Methodist, serving on committees, teaching, and participating in a wide variety of activities, including missions and outreach for over 32 years. CONTACT INFORMATION: Robyn Cobb Personal mobile #: 361-960-4017 Personal email: wealltala Mailing address: 7032 Lakeview Dr., Corpus Christi, TX 78412 CITY OF CORPUS CHRISTI Submit Date: Jan 02, 2019 Application for a City Board, Commission, Committee or Corporation Profile Mr. Charles refix.--- -_ Name Prefix First Name chuck@texasstateroofing.com --- dr Email Address 715 South Upper Broadway Street Address Corpus Christi City What district do you live in? * 17 District 1 Current resident of the city? r• Yes r No It yes, how many years Mobile: (361) 816-0780 Primary Phone Giffin fiddle Initial Business: (361) 884-7663 ..___. _... _._.. Alternate Phone Texas State Roofing Company LLC Owner/Manager Employer Job Title 901 S. Staples Street Work address - Si t Address and tl Su to Numher Corpus Christi Work Address TX Work Address - State 78404 Work dre sts _ Zip. Code Work Address � Zip Code 3618847663 Work Phone chuck@TexasStateRoofing.com Work E-mail address Jr. Suffix #1402 Suite or Apt TX 78401 State Postal Code Mr. Charles G Giffin Jr. Page 1 of 4 Which Boards would you like to apply for? MARINA ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r• Yes r No 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) Attended Richard King High school, graduated Westchester in Houston. Bachelor of Architecture, The University of Texas at Austin. Have worked in construction and roofing industry. Active sailor in Corpus Christi. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) NA Why are you interested in serving on a City board, commission or committee? I am an avid sailor, with my boat, the 'Huntress Too' docked on F -dock. I personally use the marina, and familiar with the facilities and communicate with sailing community. I am an intelligent, hard working business person that has great expectations for my community. The Corpus Christi Marina is a unique and special facility that must never be ignored or neglected. Demographics Gender W Male 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 c No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Mr. Charles G Giffin Jr. Page 2 of 4 Does your employer or your spouse's employer have a City contract? ✓ Yes f 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 f 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 it No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes f No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Corpus Christi Board -specific questions (if applicable) Question applies to MARINA ADVISORY COMMITTEE The Marina Advisory Committee must include representatives from certain categories. Do you qualify for any of the following categories? * iJ None of the above Mr. Charles G Giffin Jr. Page 3 of 4 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 suchwmember served. 17 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. 17 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 or in any attachment (e.g. resume) 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. 17 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Mr. Charles G Giffin Jr. Page 4 of 4 CITY OF CORPUS CHRISTI Submit Date: Oct 18, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr Donnell ("Don") H. Laux Pr . _. __. le— La a elx First Name Middle Initiall Name eme Email Address 401 North Chaparral Street Address Corpus Christi City What district do you live in? * jJ District 1 Current resident of the city? 9 Yes r No 6 months II yes, haw many years?? Home: (972) 998-5942 Mobile: (972) 998-5942 alternate P Primary Phone Alternate Phone Retired ................. Employer N/A Wore Address- Street Address and Suite Number N/A Work Address - City N/A WorrkkAddress - - State tate N/A Work rk Address s -s- Zip --_ Work Gotle N/A Work__.e Work Phone N/A Work E-mail address N/A Job Title Apt 409 Suite or Apt TX 78401 State Postal Code Mr Donnell ("Don") H. Laux Page 1 of 4 Preferred Mailing Address M Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted MARINA ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Application being submitted for Marina Advisory Committee Education, Professional and/or Community Activity (Present) Volunteer - National Park Service Sea Turtle Recovery Program, Texas State Aquarium, USS Lexington Museum on the Bay, Buc Days Corpus Christi Rodeo Why are you interested in serving on a City board, commission or committee? I have recently retired and relocated to Corpus Christi. I would like to be involved in the community and I now have the time to serve in areas of interest. Upload a Resume Demographics Gender W Male 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 o No Do you, your spouse, your business or your spouse's business have a City contract? r Yes c No Mr Donnell ("Don") H. Laux Page 2 of 4 Does your employer or your spouse's employer have a City contract? ✓ Yes s 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. All answers are "No" Board -specific questions (if applicable) Question applies to MARINA ADVISORY COMMITTEE The Marina Advisory Committee must include representatives from certain categories. Do you qualify for any of the following categories? * Fir None of the above Mr Donnell ("Don") H. Laux Page 3 of 4 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. f7 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. 17 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 or in any attachment (e.g. resume) 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. 17 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Mr Donnell ("Don") H. Laux Page 4 of 4 DONNELL "DON" H. LAUX 401 North Chaparral Apt 409 Corpus Christi, TX 78401 972-998-5942 --" September, 2018 GOALS: To be appointed by the City Council for the City of Corpus Christi, Texas to: (i) the Airport Board, and/or (ii) the Marina Advisory Committee It is my desire to be an active part of the community. CURRENT ACTIVITIES - CORPUS CHRISTI. TEXAS NATIONAL PARK SERVICE - NORTH PADRE ISLAND Endangered Sea Turtle Recovery Program Volunteer TEXAS STATE AQUARIUM Dive Team Volunteer USS LEXINGTON MUSEUM ON THE BAY Tour Guide Volunteer BUC DAYS RODEO - CORPUS CHRISTI VIP Representative Volunteer CORPUS CHRISTI HOOKS Season Ticket Holder CORPUS CHRISTI ICE RAYS Season Ticket Holder MARINA ADVISORY COMMITTEE Attend Monthly Meetings - Public AIRPORT BOARD Attend Monthly Meetings - Public WINGS OVER SOUTH TEXAS AIRSHOW- 2019 NAS CORPUS CHRISTI Anticipate Volunteer RETIREMENT Retired in Dallas, Texas on February 16, 2018 Relocated to Corpus Christi, Texas on March 21, 2018 Donnell ("Don") H. Laux Page Two PREVIOUS ACTIVITIES. EXPERIENCE AND ACCOMPLISHMENTS GLOBAL MULTI -SITE OPERATIONS AND TRANSACTIONAL MANAGEMENT REAL PROPERTY AND PROJECT MANAGEMENT LEGAL LEGAL I COMMERCIAL REAL ESTATE I OPERATIONS CATALYST FOR TRANSFORMING AN ORGANIZATION'S VISION INTO REALITY. Dynamic, high energy operations and legal administrative executive with extensive background in long term strategic planning and executing multi-million dollar projects for world class organizations. Excels in visioning, transforming and implementing best practices while leading both operational and administrative transformations necessary to achieve sustainable results. Proven expertise in helping companies realize their financial goals and business objectives. An effective communicator, problem solver and deal maker who brings solid analytical, decision making and relationship building skills. Strong ability to develop and execute business plans and financial budgets designed to maximize revenue and bottom line profits. SUMMARY OF KEY STRENGTHS Cost/Benefit & Financial Analysis Forecasting / Strategic Planning Process Improvement/Implementation Leasing Management/Acquisitions Sales & Organizational Management Team Leader/Training and Development Transactional Management Operations Management LeaderNisionary/Team Builder Property Location Analysis Project Management Public Speaking /Presentation Skills Key Account Management Negotiations/Problem Solving EXPERIENCE AND ACHIEVEMENTS JONES LANG LASALLE DALLAS, TEXAS 2010 - 2018 Jones Lang LaSalle (JLL) is one of the world's premier, full-service real estate services company Operating globally, the firm holds a leadership position in virtually all of the world's key business centers. Headquarters in Detroit, Michigan. Assigned to Operations/Transactional Management for General Motors with offices located in Irving, Texas Transaction Manager for General Motors based in Irving, Texas • Oversight of the organization, design, implementation, administration and management of assets through disposition, acquisition and maintenance of General Motors auto dealerships in Europe, Canada, China, North Central Region, West Region and South Central Region. • Oversight of the organization, design, implementation, administration and management of assets through disposition, acquisition and maintenance of General Motors facilities (including manufacturing plants, office facilities and test tracks) in Northeast Region, North Central Region, West Region and South Central Region. MUSTANG CONSULTING GROUP DALLAS. TEXAS 2009 Consultation for multi -site commercial real estate operations for various industries and projects. Owner 1 Principal • Advise on acquisition, operation and disposition of real properties in Texas and Louisiana. • Review of plans for multi -site operations. Donnell ("Don") H. Laux Page Three C.B. RICHARD ELLIS (CBRE1 DALLAS. TEXAS 2007 - 2008 CB Richard Ellis (CBRE) is the world's premier, full-service real estate services company Operating globally, the firm holds a leadership position in virtually all of the world's key business centers. Transaction Manager for Chrysler Realty Corp. • Responsible for newly created position for real property management for Chrysler Realty. • Oversight of the organization, design, implementation, administration and management of assets through disposition, acquisition and maintenance of Chrysler auto dealerships for the Southeast, Southwest and West Business Centers. SIGNIFICANT ACHIEVEMENTS: ). Established, organized and implemented effective management processes and procedures for the management of the organization's assetsthrough effective organization and leadership. This included analysis and recommendations of particular transactions and the effective utilization of resources. Exceed all goals of the organization regarding the management of the assets through acquisitions, dispositions and •effective maintenance of the assets. CHRYSLER CORPORATION AUBURN HILLS. MICHIGAN 1997 - 2007 Chrysler Corporation, headquartered in Auburn Hills, MI, is a wholly owned subsidiary of Chrysler Holdings, LLC and consists of Chrysler Motors Co. LLC and its subsidiaries — Chrysler Canada, Inc. and Chrysler de Mexico S.A. de C. V., as well as other international automotive affiliates. Chrysler designs, engineers, manufactures assembles and sells cars and trucks under the brands of Chrysler, Jeep, Dodge and GEM. Operations Manager Chrysler Realty Corporation • Responsible for all phases of the real estate operations management of the department, including staff utilization, process and procedure creation and transactional analysis. • Responsible for professional staff of 15; created best practices and better utilization of assigned projects and resources. • Analyzed, created and implemented, a more streamlined process and procedures of operational management. • Oversight of analysis and negotiations of transactions; recommendation of actions to corporate hierarchy. • Assigned resources for effective project management and analyzed and amended those processes and procedures as required by a changing market. SIGNIFICANT ACHIEVEMENTS: ➢ Developed and implemented standardized processes and procedures for all major transactions, leading the field force to more effective utilization of time and resources. ➢ Developed strategies for presentations to the corporate hierarchy to effectively communicate the desired result. Operations became smoother and more standardized leading to more effective utilization of resources, more timely results, more effective work product, and decreased the time for action. This increased profitability and allowed for more work with a reduction in staff. Chrysler Corporation Mexico City, Mexico; San Juan, Puerto Rico 1994 - 2001 Advisor Mexico, Puerto Rico • Responsible for operations of real estate in Mexico and Puerto Rico. • Responsible for site analysis and assisted in planning for future dealership locations. • Reviewed property data, recommended actions, negotiated acquisitions and dispositions of assets. Donnell ("Don") H. Laux Page Four Chrysler Corporation Auburn Hills, MI 1998 - 1999 Advisor- International Real Estate • Advised international Chrysler staff on real estate processes and activities. • Communicated to international staff processes and procedures developed in the United States for use in the international markets. • Delivered the processes and procedures to personnel in Japan, Austria, Germany, Venezuela, and Thailand, as needed. Chrysler Corporation Los Angeles, CA, Portland, OR 1990 1997 Real Estate Manager • Oversight of field real estate management in Los Angeles, San Francisco, Portland and Phoenix Zones. • In charge of the implementation of all real estate transactions as directed by the Area Manager. • Responsible for site analysis, acquisition and disposition of assets, inspection of assets, negotiation of leases and subleases with dealers, and reporting of activity. JIM CLICK AUTOMOTIVE GROUP IRVINE. CALIFORNIA 1988 - 1989 Regional, multi -dealer auto group representing both domestic and foreign brands in AZ and CA. Sales Desk Manager • In charge of establishing and managing a sales team. • Increased sales staff effectiveness, increased sales, and lead a team of sales representatives. • Responsible for training and leadership of sales representatives, negotiating sales of units. SIGNIFICANT ACHIEVEMENTS: > Trained inexperienced sales staff and created and implemented an effective process for the negotiation and closing of transactions through a team process. Increased sales and profitability. CHAMBERLAIN. HRDLICKA. WHITE, JOHNSON & WILLIAMS HOUSTON. TEXAS 1973 - 1987 Full service law firm, ranked #6 in Houston; representing both national and international clientele. Partner, Chairman Real Estate Section • Chairman of the Real Estate Section • Member of Executive Committee • Chairman of Recruiting Committee . • Chairman of Non -Attorney Personnel Committee • Member Office Planning Committee • Maximizing effective operations to increase productivity and profitability, and to provide for growth from 10 lawyers to over 120 lawyers over a 10 year period • Responsible for the operation for the organization and the particular section, both from an administrative and work product viewpoint. • Responsible for the practice of law, administration of the section and administration of the firm. • Expanded operations based in Houston, Texas to include Atlanta, Georgia SIGNIFICANT ACHIEVEMENTS: Si- Provided leadership and direction for the growth of the organization as a member of Executive Committee. Analyzed the needs of the organization to sustain growth, initiated committees to analyze and develop strategies for particular areas of the organization, developed standardized processes and procedures, implemented those processes and procedures through effective communication and leadership, and continually analyzed and altered those process and procedures to meet the needs in a changing environment. Sustained effective growth to maximize effective work flow, administrative functions and increase profitability of the organization. Donnell ("Don") H. Laux Page Five ➢ Appointed as Chairman of the new Real Estate Section the opportunity was given for the creation, development, implementation and operation of this new section of the firm. Created, developed, implemented and operated the new section without any prior direction or supervision. Through self- motivation, effective communication and leadership, the section operated effectively and became one of the most profitable sections per capita of the firm, and established effective representation. C. B. DELHOMME HOUSTON. TEXAS 1971 -1973 Retail Sales and Service for Chris Craft (28' to 70'), Fabuglas Ski Boats, Boston Whaler and other brands of boats - Wholesale Distributor of OMC Parts and Accessories Vice President - Finance, Sales and • Retail Sales • Finance Manager Responsibilities • Wholesale Sales of OMC Parts and Accessories _ • Responsible for the operation for the sales organization for both retail sales and wholesale sales • Handled all financing transactions for retail sales • Completely reorganized wholesale activities by providing computer program for ordering and restocking of parts and accessories • Worked on full time basis while attending law school on a full time basis. GATES LEARJET DALLAS. TEXAS Sales, Service and Training Facility for Learjet at Love Field in Dallas Facility Maintenance and Aircraft Detailing • Worked on part time basis while attending undergraduate university. EDUCATION 1968-1970 BATES COLLEGE OF LAW - UNIVERSITY OF HOUSTON - HOUSTON. TEXAS 1971- 1973 Doctorate - Doctor of Jurisprudence - Tax and Real Estate Law Concentration Honors: Order of the Barons (Top 10% of Class) SOUTHERN METHODIST UNIVERSITY - DALLAS. TEXAS 1966 - 1970 Bachelors Degree - Bachelor of Business Administration - Majors: Marketing, Quantitative Analysis Honors: Beta Gamma Sigma (Business School Honor) Dean's List Intramural Sports -Football, Basketball, Baseball CONTINUING LEGAL EDUCATION State Bar of Texas - Real Estate Section Dallas Bar Association - Real Estate Section MILITARY TEXAS ARMY NATIONAL GUARD DALLAS & HOUSTON TEXAS Crew Chief - UH -I "Huey" Helicopters Transportation Specialist Flying - Pilot - Fixed Wing and Helicopter Boating PERSONAL INTERESTS Golf Tennis 1970 - 1976 Scuba Diving Snow Skiing Sports Cattle Ranching, Horseback Riding CITY OF CORPUS CHRISTI Submit Date: Aug 11, 2018 Application for a City Board, Commission, Committee or Corporation Profile Vida Alvarez Mason ie ---N- — First Name Last Name v m as o n@ i s l a n d e r. to m u cc. ed u Email Address 709 Saint Agatha Drive Street Address Corpus Christi City What district do you live in? 57 District 4 Current resident of the city? r• Yes r No 21 -----ow y -r-- If yes, how many many years/ Horne: (361) 510-7699 Primary Phone 709 Saint Agatha Drive u._. Work Address - Street Address and Suite Number Corpus Christi WorkWork Crty A ------ Address - CRy Texas Work rk-dAdroes'edre-tate State 78418 Work--eee Cod Work Address � Zip Cade vmason@islandertamucc.edu Work --m– Work E-mail address Preferred Mailing Address W Home/Primary Address Home: (361) 462-5821• Alternate Phone TX State 78418 Po._-__-"_. Postal Code Vida Alvarez Mason Page 1 of 5 Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted ARTS & CULTURAL COMMISSION: Submitted BOARD OF ADJUSTMENT: Submitted CITIZENS ADVISORY HEALTH BOARD: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted SISTER CITY COMMITTEE: Submitted MARINA ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Texas A&M University - Corpus Christi Business Administration with an emphasis in Management student Why are you interested in serving on a City board, commission or committee? I believe Corpus Christi has so much potential and being born and raised here, it is my duty to get involved with my communities to help improve the quality of life for all individuals. I would love to apply my knowledge gained through my undergraduate courses to different committee volunteer opportunities to not only gain valuable experience, but to see the impact I could make to make Corpus Christi a better place to live. Upload a Resume Demographics Gender fJ Female 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 c No Vida Alvarez Mason Page 2 of 5 Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r• No Does your employer or your spouse's employer have a City contract? ✓ Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ 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 ( No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes i` 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 ARTS & CULTURAL COMMISSION The Arts & Cultural Commission must include representatives from certain categories. Do you qualify for any of the following categories? tJ Higher Education Question applies to MARINA ADVISORY COMMITTEE The Marina Advisory Committee must include representatives from certain categories. Do you qualify for any of the following categories? * fq None of the above Vida Alvarez Mason Page 3 of 5 Question applies to SISTER CITY COMMITTEE The Sister City Committee must include members representing certain categories. Do you qualify for any of the following categories? * 17 None of the above 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 Vida Alvarez Mason Page 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume) 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. M I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. K7 I Agree Vida Alvarez Mason Page 5 of 5 VIDA ALVAREZ-MASON 709 Saint Agatha Drive I Corpus Christi, TX 78418 I (361) 51.0-7699 I vmason@islander.tamucc.edu EDUCATION Bachelor of Business Administration in Management Texas A&M University — Corpus Christi (December 2018) GPA: 3.5 EXPERIENCE Sales Assistant/Social Media Manager, Julian Gold Inc. November '17 — March '18 Corpus Christi, TX • Assisted department manager in sales and promotions of a diverse range of clothing, shoes, accessories, and beauty care products through social media platforms • Completed typical administrative tasks which involved answering phones, filing documents, taking memos, mail promotions, and organizing merchandise for shipment • Provided exceptional customer service to increase company growth and revenue through sales maximization • Creatively set up physical displays of merchandise to attract potential customers Seasonal Bookseller, Barnes & Noble College Corpus Christi, TX • Typical daily activities included cashiering, stocking, maintain inventory, and delivering customer service: December '15 — January `1.6 RELEVANT COURSEWORK • Organization Change & Development • Communicating in Business • Behavior in Organizations • Data Analysis & Statistics • Financial Accounting SKILLS & ABILITIES • Microsoft Office (Word, Excel, PowerPoint) • Social Media (Facebook, Instagram, YouTube, Twitter) • Retail Sales • Customer Service • Cash handling • Team player • Data entry CITY OF CORPUS CHRISTI Submit Date: Jan 16, 2019 Application for a City Board, Commission, Committee or Corporation Profile Ms Sarah Tominack Prefix First Name Last Name sarah.tominack@tamucc.edu Email Address 4445 Cedar Pass Dr #118 Street Address Corpus Christi Suite or Apt TX 78413 City What district do you live in? * State Postal Code p, District 5 Current resident of the city? G Yes n No 3 If yes, how many years? Home: (850) 748-2809 Home: (205) 799-0982 Primary Phone Alternate Phone Texas A&M University -Corpus Christi Graduate Research Assistant Employer Job Title 6300 Ocean Drive Unit 5860 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78412 Work Address - Zip Code NA Work Phone Sarah.Tominack@tamucc.edu Work E-mail address Ms Sarah Tominack Page 1 of 5 Preferred Mailing Address N7 Work Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted MARINA ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? rYes rNo Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) I am a current PhD student at Texas A&M University -Corpus Christi, and have previously worked for the EPA and National Park Service. Why are you interested in serving on a City board, commission or committee? I would like to participate to the best of my abilities to the growth of my city. I believe the best way to accomplish that would be to serve as a scientist on the Watershore and Beach Advisory Committee. Upload a Resume Demographics Gender i7 Female 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? 0Yes allo Ms Sarah Tominack Page 2 of 5 Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ 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 e No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. NA Board -specific questions (if applicable) Question applies to MARINA ADVISORY COMMITTEE The Marina Advisory Committee must include representatives from certain categories. Do you qualify for any of the following categories? * 17 Scientist, i.e. Marine Biologist Ms Sarah Tominack Page 3 of 5 Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? 17 Scientist i.e.,Marine Biologist) 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. 17 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. 17 I Agree Ms Sarah Tominack Page 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 1 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 Texas 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. 17 I Agree Ms Sarah Tominack Page 5 of 5 Sarah A. Tominack Texas A&M University — Corpus Christi sarah.tominack@tamucc.edu (850) 748 2809 Education PhD Marine Biology. Texas A&M University -Corpus Christi, Corpus Christi, Texas. In Progress Dissertation title: Physical, Chemical, and Biological Factors Influencing Phytoplankton Dynamics and Karenia brevis Blooms in a South Texas Bay (Corpus Christi Bay) Advisor: Michael S. Wetz MS Biology. University of West Florida, Pensacola, Florida. 2014 Thesis title: Spatial and Temporal Variation in the Community Structure of Marine Archaea in the Northeastern Gulf of Mexico Advisor: Richard A. Snyder BA Environmental Biology. University of North Alabama, Florence, Alabama. 2011. Cum Laude Research Interests Long-term monitoring efforts of phytoplankton communities and the forces driving community composition. I am also interested in coupling long-term observations with experimental manipulations to elucidate processes underlying ecological changes. Experience Graduate research assistant, Texas A&M University — Corpus Christi January 2016 -Present • Continued development of aquatic photosynthetic organism identifications • Designed and implemented rigorous field study for the investigation of harmful algal blooms • Mentored incoming graduate and undergraduate students in laboratory and field processes Adjunct Faculty, Aquatic Botany Lab (BOT4404L) and Biology I Lab (BSC2010), University of West Florida January 2015 -May 2015 • Conveyed complex botanical topics in an approachable manner • Engaged in the introduction of biological concepts to students new to the field • Assisted students in their investigation of new concepts Graduate research assistant, University of West Florida May 2012 -December 2014 • Collected biological, physical, and chemical data in the Gulf of Mexico • Processed samples in a molecular biology laboratory setting • Examined ecological relationships of microbes and their environment Other Employment Youth Conservation Corps Coordinator, United States Department of the Interior, National Park Service May 2011 -August 2011 • Supervised 13 high school students during summer employment at Gulf Islands National Seashore • Coordinated student work schedule with maintenance department staff • Motivated students to perform their duties with pride and attention to detail • Provided learning experiences about local history, flora, and fauna Invited Talks • 'Microbes in the Ocean... Who Cares?' Rotary Club of Athens, AL District 6860. November 2014. • 'Spatial and Temporal Variation in the Community Structure of Marine Archaea in the NE Gulf of Mexico' Biology Seminary, The University of West Florida. April 2014 PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS *One (1) vacancy with the term to 01/01/2022 representing the City. Composition Seven (7) members appointed as follows: three (3) City Council, three (3) Nueces County Commissioner's Court and one (1) San Patricio County for three-year staggered terms. Each person who is appointed or elected shall be a resident of the proposed navigation district and shall be an elector of the county. A person must have been a resident of Nueces County for at least six months to be eligible for appointment to the Port Commission. Commissioners may serve up to four (4) three-year terms. Name Term Appt. date End date Appointing Authority Position Status Category Attendance *Richard R Valls Jr. David Engel Wayne M Squires 2 12/10/2013 21 12/10/2013 2 1/20/2015 1/1/2019 City Council Seeking reappointment City 12/12 meetings - 100% 1/1/2020 City Council Active City 1/1/2021 City Council Vice -Chair Active City Application List *Serves on the Airport Board. Willing to resign if appointed. **On page 3 of application, he asked to consult with Legal regarding a possible conflict of interest. Per Legal, he does not have a conflict. CITY OF CORPUS CHRISTI Submit Date: Jan 02, 2019 Application for a City Board, Commission, Committee or Corporation Profile Curtis First Name curtisclark@ibc.com Email Address 7922 Wolf Dr. _dress_ Street Address Corpus Christi City.___ .._..-. What district do you live in? W District 5 Current resident of the city? c Yes r No 20 yrs II yes, how many years? T Clark Middle Initial Last Name Mobile: (361) 774-8640 Mobile: (361) 903-7229 .... Primary Phone alternate Phone IBC Bank Employer 221 S. Shoreline Blvd. _._._ Work Address Street Address end Suite Number Corpus Christi W WorkkAddress - City TX Work - r ----_-_ Address -Stats 78401 Work Address - _ipare_. -Zip Gado 361.903.7229 WP `Nor. Phone curtisclark@ibc.com_ Work E-mail address Treasury Management Bank Officer/Marketing Mgr. Job Title TX Slate 78414 Postal Code Curtis T Clark Page 1 of 5 Preferred Mailing Address F7 Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences Are you a registered voter? r•' Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Airport Board, 2nd Vice Chairman Education, Professional and/or Community Activity (Present) International Bank of Commerce "IBC": 2017 EAB past President Advisory Committee 2016 President IBC Employee Advisory Board 2015 President Elect IBC Employee Advisory Board 2014 Vice President IBC Employee Advisory Board 2013 IBC Employee Advisory Board Regent Mary McLeod Bethune Early Child Development Inc.: 2017 Chairman of the Board of Directors 2016 Board Assistant Treasurer Corpus Christi International Airport Board of Directors: 2017 2nd Vice Chairman of CCIA Board of Directors 2015 - Present Member of CC Airport Board of Directors 2016 Airport Board Business Development Sub - Committee Member Harold C. Kaffie Middle School: 2017/2018 Corpus Christi Council of PTAs Board of Directors VP of CCISD Middle Schools 2017/2018 PTA Board President 2016/2017 PTA Board President 2015/2016 PTA Board Secretary United Corpus Christi Chamber of Commerce 2015 -Present 2016 - Present United CC Chamber of Commerce Chamber Champions Vice Chairman Community Options, Inc. Business Advisory Council Board Member 2017 -Present Board Member Boys & Girls Club of the Coastal Bend Board of Directors 2017 -Present Board Member Corpus Christi Black Chamber of Commerce Board of Directors 2014-2016 CC Black Chamber Director of Community Affairs CC Black Chamber Economic Development Chairman Corpus Christi Regional Economic Development Corp. 2014-2016 Committee Board Member Representing CC Black Chamber of Commerce Corpus Christi Mayors Interagency Committee Member 2014 -Present Leadership Corpus Christi Class 46 Steering Committee Member 2017/2018 Leadership Corpus Christi Class 44 Graduate 2016 Corpus Christi Under 40 2015 Honoree Corpus Christi Hispanic Chamber of Commerce Embajadore President 2016 United States Navy 1996- 2001 Veteran If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Port of CC Authority of Nueces County, Texas CC Regional Economic Development Corporation Why are you interested in serving on a City board, commission or committee? Continuing my path as a Servant Leader that will bring about change and diversity that can strengthen our collective thinking to bridge Corpus on into its' future. Curtis T Clark Page 2 of 5 Demographics Gender iJ Male 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 n No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r'No Does your employer or your spouse's employer have a City contract? rYes t•' 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 F 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) Curtis T Clark Page 3 of 5 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX (For Port of CC) Are you a resident of the Port Authority district and an elector of Nueces County? rt Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r• Yes r No 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. A 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. 17 I Agree Curtis T Clark Page 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume) it must be disclosed under the Public Information Act. 1 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. R 1 Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Curtis T Clark Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: May 13, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mrs Rachel P Gomez Prefix First Name Middle Initial Last Name Email Address 6010 Oriental Ave Street Address Corpus Christi City What district do you live in? * tJ District 5 Current resident of the city? r• Yes r No 28 years If yes, how many years? Horne: (361) 331-1433 Business: (361) 500-6800 Primary Phone Alternate Phone Caliber Home Loans Sales Manager Employer Job Title 802 N Carancahua Ste.1850 Work Streetgtltlressss-and Atltlress ands If Number Corpus Christi Work Address Adtlress-City Texas Work Address - State 78401 Work Addtldorre-.- Z- Code ress -Zip Code 361-500-6800 Wornk Phone rachel.gomez@caliberhomeloans.com ______---_---- Work Email address Mrs Rachel P Gomez TX State 78414 Postal Code Page 1 of 5 Preferred Mailing Address 17 Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted LANDMARK COMMISSION: Submitted MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD: Submitted NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences Are you a registered voter? r• Yes r No 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. Upload a Resume Demographics Gender 17 Female Code of Ethics - Rules of Conduct/Conflicts of Interest Mrs Rachel P Gomez Page 2 of 5 Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes 6 No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes f No Does your employer or your spouse's employer have a City contract? ✓ Yesr• 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 9 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 tr 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 The Landmark Commission must include representatives from certain categories. Do you qualify for any of the following categories? * !7 None of the above Mrs Rachel P Gomez Page 3 of 5 Question applies to MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD The Museum of Science & History Advisory Board must include representatives from certain categories. Do you qualify for any of the following categories? 17 Business Community Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (For NCAD) Are you a resident and qualified elector* of the District (Nueces County)? r• Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (NCAD) Have you resided in the District for at least 2 years? r• Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? c Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? t•'. Yes r No 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. t7 I Agree Mrs Rachel P Gomez Page 4 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. IJ 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 or in any attachment (e.g. resume) 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 Mrs Rachel P Gomez Page 5 of 5 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 ConsultantBranch 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 intemet 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 Briclunan 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 wellas 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 6010 ORIENTAL AVE- CORPUSCHRISTI, TAX 78414 361.331.1433 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: Sep 09, 2018 Application for a City Board, Commission, Committee or Corporation Profile Matthew S Manning First Name Middle Initial Last Name Email Address 517 Monette Dr. Street Address Corpus Christi Gity What district do you live in? * J7 District 4 Current resident of the city? r• Yes r No 5 II yes mens how many years, Mobile: (512) 431-9810 Business: (361) 888-0324 .._..... Alternate _._.. Primary Phone Alternate Phone Nueces County District Attorney's Office First Assistant District Attorney Employer Job Title 901 Leopard St., Rm. 206 Work Address - Street Address and Suite Number Corpus Christi Work Address -Cry TX Work Address -State 78401 Work ._--_.._C Work Address ZippCode (361) 888-0324 W------------- Werk Phone matthew.manning@nuecesco.com Work E-mail address TX State 78412 PosstaltalCode Matthew S Manning Page 1 of 5 Preferred Mailing Address 17 Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted HOUSING AUTHORITY: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) I currently serve on the Board of Directors for the Corpus Christi Young Lawyer Association. I previously served as a volunteer teacher for the Corpus Christi Literacy Council, teaching citizenship classes to lawful permanent residents (LPRs). I am not otherwise involved in any community organizations, but I intend to increase my involvement in the community in the coming months. Why are you interested in serving on a City board, commission or committee? I am interested in serving on a City board, commission, or committee simply because I want to take a more active hand in shaping this community in which I live. As an attorney, I not only have the privilege of being trained in the law, but I believe I am also charged with the obligation to use that training to help others. The boards and commissions for which I am applying are those on which I believe I can use my legal training to help the citizens of Corpus Christi most effectively and substantially, as those boards and commissions make the kinds of decisions where legal expertise in the decision making process is invaluable. Upload a Resume Demographics Gender 17 Male Matthew S Manning Page 2 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? r• Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r No Does your employer or your spouse's employer have a City contract? ✓ Yes t 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? 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. There are times where the Nueces County District Attorney's Office is a party to lawsuits alongside the City. I am not aware of any such litigation currently pending; however, historically, there have been times where it has been brought to my attention that our office was being sued and the City is a part. Generally, when that occurs, the Nueces County County Attorney's Office represents our office (and thus I'm not actively "involved" in any such litigation; however, I would like to speak to the City's Legal Department to determine whether that constitutes a conflict. Board -specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE The CCCIC/Loan Review Committee must include representatives from certain categories. Do you qualify for any of the following categories? 17 Legal Matthew S Manning Page 3 of 5 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Ague Dulce, San Patrick), Port Aransas and Robstown) c 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 c No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? R Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY. TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? c Yes r No Verification Matthew S Manning Page 4 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. 17 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. 17 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 or in any attachment (e.g. resume) 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. 17 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Matthew S Manning Page 5 of 5 Matthew (Matt) S. Manning 517 Monette Dr., Corpus Christi, TX, 78412 • (512) 431-9810 • BAR MEMBERSHIPS State of Texas November 2012 EDUCATION The University of Toledo College of Law – Toledo, OH Juris Doctor Activities: President, Black Law Student Association; Treasurer, The International Law Society Honors: Finalist, Charles W. Fornoff Appellate Advocacy Competition; Vincent L. Barker Intellectual Property Scholarship Recipient; Member, The Order of Barristers Texas Tech University School of Law – Lubbock, TX Activities: Historian, Black Law Student Association; Competitor, 35th J. Braxten Craven, Jr. Memorial Competition; Top Oralist, Board of Barristers Advanced Mock Trial Competition Howard University – Washington, DC December 2008 Bachelor of Arts, Major in Political Science, Minor in Economics Activities: The Society of Collegiate Black Men, HU Student Association, Phi Mu Alpha Sinfonia Fraternity of America, Inc. Honors: Howard University Academic Dean's List, Howard University Academic Trustee Scholarship August 2012 August 2011—May 2012 PROFESSIONAL EXPERIENCE 1054, Judicial District (Nueces County) – First Assistant District Attorney – Corpus Christi, TX January 2017—Present • Manage all aspects of the trial activities of the Nueces County District Attorney's Office, leading approximately 45 prosecutors; 32 staff members; 4 investigators; and all of the interns working for and affiliated with the office. • Maintain a robust caseload of high-profile, complex media cases, including capital murders, murders, sexual offenses, and intoxication offenses. • Manage all aspects of the public and media relations of the office, including conducting interviews with local and national media outlets. Provide advice and counsel to the District Attorney and all law enforcement agencies within Nueces County. The Law Offices of Mark A. Gonzalez – Associate Attorney – Corpus Christi, TX January 2015—Present Represented clientsaccused of crimes in all levels of state and municipal courts, as wellas in personal injury, family, and other types of cases. Resolved cases through trial, plea negotiation, and reviewing correspondence. 105th Judicial District (Nueces County) – Assistant District Attorney – Corpus Christi, TX October 2013—Jan. 2015 • Resolved cases through trial, plea negotiation, and reviewing correspondence. Was assigned to one of the five County Courts (misdemeanor courts) in addition to the Nueces County Veterans Court (along with two other prosecutors): a "specialty" court designed to provide treatment for veterans of the U.S. Armed Forces with cases related to injuries sustained during their military service. City of Corpus Christi Legal Department – Assistant City Attorney – Corpus Christi, TX February—October 2013 • Prosecuted Class C misdemeanors and city ordinance violations on behalf of the City. • Resolved, on average, 250 cases per week, through trial, negotiation, and reviewing correspondence. • Dedicated 25 hours per week to in -court arguments, including jury and bench trials, motions hearings, appeals, and arraignments. City of Austin Law Department – Law Clerk – Austin, TX May—July 2011 • Wrote legal memoranda for an office of over fifty attorneys covering all aspects of the operation of a state capital city with a population of almost one million. Work product topics included: legislative drafting, elections, transportation, employment law, economic development, deceptive trade practices, freedom of speech, and government contracts. PROFESSIONAL AFFILIATIONS & AWARDS Corpus Christi Young Lawyer Association, Board Member Corpus Christi Bar Association, Member Corpus Christi Literacy Council, Former Volunteer Teacher Coastal Bend Criminal Defense Lawyers Association (CBCDLA) – 2016 Criminal Defense Lawyer of The Year WATERSHORE AND BEACH ADVISORY COMMITTEE *Four (4) vacancies with term to 12/11/2020 representing the following categories: 1- Hotel/Condo Owner, 1- Scientist, and 2 - Regular Members. Composition Nine (9) members appointed by the City Council for two-year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be an owner or representative of a hotel or condominium located on North Padre Island or Mustang Island; and one (1) shall be a member of the Corpus Christi Convention & Visitors Bureau. The Chairperson of the Watershore and Beach Advisory Committee shall act as an advisor to the Parks and Recreation Advisory Committee and vice versa. In the initial appointment, members will serve an initial two-year term, in the succeeding term, 5 members will serve a two-year term, and 4 members will serve a one-year term, as determined by drawing. Thereafter, all terms will be two -years. Name Term Appt. date End date Appointing Authority Position Status Category Attendance Terry A Palmer 1 1/31/2017 12/11/2018 City Council Seeking re -appointment Regular Member 9/11 meetings 81% (2 excused) Jyoti Patel 1 4/19/2016 12/11/2018 City Council Seeking re -appointment Hotel/Condo Owner 6/12 meetings 50% (5 excused) Dr. Jennifer Pollack 3 7/19/2011 12/11/2018 City Council Met 6 years service limitation Scientist Carrie R Meyer 2 1/27/2015 12/11/2018 City Council Seeking re -appointment Regular Member 9/12 meetings 75% (3 excused) Dr. Philippe Tissot 1 12/19/2017 12/11/2019 City Council Active Mukesh Subedee 2 12/15/2015 12/11/2019 City Council Active Environmentalist Daniel E Mazoch 1 12/19/2017 12/11/2019 City Council Active Engineer Cliff Schlabach 2 2/11/2014 12/11/2019 City Council Chair Active Meredith Darden 1 12/19/2017 12/11/2019 City Council Active CVB Application List Name Kaylynn J Paxson District District 4 Category cr�ritii Owner/Representative Hotel/Condo ie`i tis CITY OF CORPUS CHRISTI Submit Date: Jan 09, 2019 Application for a City Board, Commission, Committee or Corporation Profile Dr. Lauren M. Hutchison Prefix First Name Middle Initial Last Name lauren.hutchison@tamucc.edu Email Address 6300 Ocean Drive, Unit 5869 Street Address Corpus Christi City What district do you live in? 17 District 4 Current resident of the city? TX State 78412 Postal Code (, Yes r No -10 If yes, how many years? Home: (512) 423-1168 Primary Phone Business: (361) 825-2034 Alternate Phone Texas A&M University -Corpus Assistant Research Scientist - Christi Social -Ecological Systems Employer Job Title 6300 Ocean Drive, Unit 5869 Work Address - Street Address and Suite Number Corpus Christi Work Address - Cily TX Work Address - State 78412 Work Address - Zip Code 361-825-2034 Work Phone lauren.hutchison@tamucc.edu Work E-mail address Dr. Lauren M. Hutchison Page 1 of 5 Preferred Mailing Address P Work Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? Yes r No 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: PhD in Coastal & Marine Science, Texas A&M University -Corpus Christi Community Service: 2013- present, Official, National Ocean Science Bowl, Port Aransas, TX 2015- present, Co-founder, Event Organizer and Liaison, BLUE Gulf Film Competition (now Harte of the Gulf Film Competition) Professional Service: 2017 -present, PLOS ONE Peer Reviewer If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Watershore and Beach Advisory Committee, Regional Economic Development, Downtown Management District Why are you interested in serving on a City board, commission or committee? I recently stepped down as a Trustee of the Coastal Bend Bays Foundation and would like to continue to serve my community in a different capacity. I am interested in keeping up-to-date on local issues, providing expertise when able, and meeting members of my community whom I have yet to meet. I would like to help make CC a better place to live and visit and to highlight the great things going on in our community by being more aware and involved and sharing that experience with others. Upload a Resume Demographics Code of Ethics - Rules of Conduct/Conflicts of Interest Dr. Lauren M. Hutchison Page 2 of 5 Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes it No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r No Does your employer or your spouse's employer have a City contract? ✓ Yes r•• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? rYes r••No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? O Yes (•' No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes F 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) Dr. Lauren M. Hutchison Page 3 of 5 Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? * 17 Scientist i.e.,Marine Biologist) 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. 17 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. 17 I Agree Dr. Lauren M. Hutchison Page 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. 17 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. A I Agree Dr. Lauren M. Hutchison Page 5 of 5 Lauren M. Hutchison Harte Research Institute for Gulf of Mexico Studies Texas A&M University -Corpus Christi (TAMUCC) 6300 Ocean Drive, Unit 5869, Corpus Christi, TX 78412-5869 Phone: 512-423-1168 Email: lauren.hutchison(a,tamucc. edu STATEMENT OF PURPOSE Focused on improving coastal community resilience and the daily lives of coastal community members • Trained to conduct ecosystem service assessments, ecosystem service valuations, and policy and data analysis • Heavily involved in education and outreach initiatives, including restoration projects, coastal cleanups, and filmmaking • Interested in bridging the gap between scientists, decision makers and other members of society to create on -the - ground, real-world change RESEARCH INTERESTS Coastal ecosystem services • wetland restoration and mitigation • policy analysis • coastal resilience • social and environmental entrepreneurship • stakeholder engagement and analysis • conservation fmance • freshwater inflow and environmental flow • water quality • education and outreach • documentary filmmaking EDUCATION 2016 PhD in Coastal & Marine Science Texas A&M University -Corpus Christi 2011 MS in Environmental Science Texas A&M University -Corpus Christi 2007 BS in Radio, Television & Film University of Texas -Austin PROFESSIONAL EXPERIENCE May 2018- present Jan 2017- Apr 2018 Jan 2012- Dec 2016 Assistant Research Scientist in Social -Ecological Systems, Harte Research Institute, TAMUCC. • Organize workshops and support research for NAS project on incorporating ecosystem services into logic models for GoM restoration projects • Develop methods for incorporating ecosystem service and socio-economic indicators into the Coastal Community Resilience Index and GoM resource management Postdoctoral Research Associate, Harte Research Institute, TAMUCC. • Conducted ecosystem service valuations for climate change and freshwater inflow projects • Developed socio-economic indicators to inform GoM decision making • Assessed coastal blue carbon in the Galveston Bay region, TX • Managed multiple simultaneous projects • Mentored graduate students Graduate Research Assistant, Harte Research Institute, TAMUCC. • Performed meta-analysis on carbon storage in coastal wetlands to inform blue carbon research initiatives in TX and the GoM • Conducted policy analysis on incorporating ecosystem services into Texas wetland compensatory mitigation • Organized and facilitated focus groups • Designed and implemented surveys Aug 2011- Dec 2011 Adjunct Professor, Department of Humanities, TAMUCC. • Taught Professional Ethics course May 2011- Jun 2011 Jan 2011 -May 2011 Aug 2010- May 2011 Jan 2010- Aug 2010 Aug 2009- Dec 2009 Nov 2008- Aug 2009 May 2008- Nov 2008 Sep 2007- May 2008 Sep 2006- Dec 2006 Aug 2006 Jun 2006- Aug 2006 Aug 2004- Dec 2004 Aug 2003- May 2004 Aug 2002- May 2003 Sample Processing Manager, Gulf of Mexico Research Cruise, Harte Research Institute, TAMUCC. • Catalogued and organized samples for BP oil spill follow-up study Graduate Research Assistant, Harte Research Institute, TAMUCC. Graduate Teaching Assistant, College of Science and Technology, TAMUCC. • Taught Introduction to Environmental Science (1401 and 1402) Labs • Coordinated Environmental Science Teaching Assistants Graduate Research Assistant, Harte Research Institute, TAMUCC. • Led interdisciplinary team to develop an Ecosystem -based Management Plan for the Nueces Estuary, TX Graduate Teaching Assistant, College of Science and Technology, TAMUCC. • Taught Introduction to Environmental Science (1401) Lab Development Associate, Bat Conservation International. • Managed EarthShare workplace giving campaign • Assisted with research, writing and logistics related to grants • Ensured state registrations were filed on time Workshop Coordinator, Bat Conservation International. • Coordinated bat conservation workshops and education and outreach initiatives Intern, Bat Conservation International. • Organized and consolidated databases and filing systems • Researched materials and funding opportunities for programs and projects Laboratory Technician, Aqua Tech Laboratories. • Calibrated instruments • Conducted water quality analysis according to USEPA QA/QC guidelines • Prepared materials for daily collection routes Laboratory Assistant, Omega Gulf of Mexico Research Cruise, University of Texas Marine Science Institute. Laboratory Technical Assistant, University of Texas Marine Science Institute. • Prepared samples for sediment and tissue constituent analysis • Assisted with marsh fieldwork • Edited documentaries on the Arctic & Antarctic Video Editor, Watershed Productions. • Edited nature documentaries • Catalogued inventory to incorporate into database • Reviewed existing projects for incorporation into interactive DVD Administrative Assistant, Editorial Department, University of Texas Press. • Updated filing system • Processed paperwork • Organized mail -outs Camera Operator, Faculty Innovation Center, Cockrell School of Engineering, The University of Texas at Austin. • Operated switchboard • Posted live classes on the web PUBLICATIONS Hutchison, L.M. Wetland Compensatory Mitigation in Texas: Opportunities to Enhance and Incorporate Ecosystem Services. In prep. Hutchison, L.M., J.B. Pollack, K. Swanson, and D. Yoskowitz. 2018. Operationalizing Blue Carbon in the Mission - Aransas National Estuarine Research Reserve, TX. Coastal Management Journal. DOI: 10.1080/08920753.2018.1474068 Hutchison, L.M., P.A. Montagna, D. Yoskowitz, D. Scholz and J. Tunnell. 2013. Stakeholder Perceptions of Coastal Habitat Ecosystem Services. Special Issue on the Human Dimensions of our Coasts: Estuaries and Coasts. TECHNICAL REPORTS Yoskowitz, D. and L.M. Hutchison. 2018. Ecosystem Services Assessment of Freshwater Inflow to Texas Estuaries. Final Report submitted to the Meadows Center for Water and the Environment. Texas A&M University - Corpus Christi, Harte Research Institute for Gulf of Mexico Studies, 51 pp. Yoskowitz, D. and L.M. Hutchison. 2018. Incorporating Blue Carbon into Ecosystem Service Valuations for the Galveston Bay Region, Texas. Final Report submitted to Restore America's Estuaries. Texas A&M University - Corpus Christi, Harte Research Institute for Gulf of Mexico Studies, 26 pp. Montagna, P.A., L.M. Hutchison, D. Scholz, T. Palmer, S. Arismendez and D. Yoskowitz. 2011. Nueces Estuary Ecosystem Management Initiative: An Ecosystem Services -based Plan. Final Report submitted to the Coastal Bend Bays & Estuaries Program for project number 1018. Texas A&M University -Corpus Christi, Harte Research Institute for Gulf of Mexico Studies, 170 pp. ABSTRACTS AND PRESENTATIONS *denotes invited talk Coffey, K., J. Hamilton, L.M. Hutchison, S. Mason, L. Olander, C. Shepard, H. Tallis, K. Wamell, K. Wowk and D. Yoskowitz. Ecosystem Service Logic Models and Metrics for Gulf Restoration: Linking Project Outcomes to Economic, Health and Wellbeing Benefits for People. Poster presented at: Gulf Estuarine Research Society. Galveston, TX, USA. November 8, 2018. Hutchison, L.M., J. Cebrian, A. Macy and D. Yoskowitz. Carbon Storage in Northern Gulf of Mexico Salt Marshes and Mangroves. Blue Carbon Research Exchange Workshop. Mission -Aransas National Estuarine Research Reserve. Corpus Christi, TX, USA. September 19, 2018.* Hutchison, L.M., Wowk, K., Coffey, K., and D. Yoskowitz. Incorporating Socio -Behavioral -Economic and Ecosystem Service Indicators into the Coastal Resilience Index. Coastal Bend Watershed Resilience Education B - WET Program. Resilient Coastal Communities Panel. Texas State Aquarium. Corpus Christi, TX, USA. June 15, 2018. * Hutchison, L.M., Wowk, K., Coffey, K., and D. Yoskowitz. Incorporating Socio -Behavioral -Economic and Ecosystem Service Indicators into the Coastal Resilience Index. Gulf of Mexico Alliance All Hands Meeting. Wildlife and Fisheries Priority Issue Team meeting. St. Petersburg, FL, USA. June 13, 2018. Hutchison, L.M. Wetland Ecosystem Services and Values. Wetlands and Water Quality Course. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. April 18, 2018. * Wowk, K., Yoskowitz, D., and L.M. Hutchison. Tips for Your Thesis/Dissertation Defense: Panel discussion and Q&A. Workshop for Graduate Students. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. March 6, 2018. * Hutchison, L.M. Operationalizing Coastal Wetland Ecosystem Services for Enhanced Decision Making and Resilience. Coastal and Marine Systems Course. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. February 13, 2018. * Hutchison, L.M. Stacking Ecosystem Services. Wetlands Conservation Finance: Texas Style Workshop. Mission - Aransas National Estuarine Research Reserve. Corpus Christi, TX, USA. December 19, 2017. Yoskowitz, D., Hutchison, L.M., Ramenzoni, V., Wowk, K., Coffey, K., and D. Del Angel. Socio -Economic Observing System. Interactive poster presented at: National Estuarine Research Reserve System/Association Annual Meeting. Corpus Christi, TX, USA. November 13, 2017. Hutchison, L.M. Operationalizing Coastal Wetland Ecosystem Services for Enhanced Decision Making and Resilience. Marine Botany Course. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. November 09, 2017. * Hutchison, L.M. and D. Yoskowitz. Development of a Transferable Valuation Tool for Ecosystem Services associated with Freshwater Inflow in Texas. Coastal and Estuarine Research Federation (CERF). Providence, RI, USA. November 6, 2017. Hutchison, L.M and V. Ramenzoni. Stakeholder Perceptions of Coastal Habitat Ecosystem Services in the northern Gulf of Mexico. Gulf of Mexico Alliance (GOMA) All Hands On Meeting. Houston, TX, USA. March 30, 2017. * Hutchison, L.M. and D. Del Angel. Designing a Scientific Poster. Scientific Poster Design Workshop for Undergraduates. Hosted by SACNAS TAMUCC Chapter. Corpus Christi, TX, USA. February 16, 2017. * Hutchison, L.M., D. Yoskowitz, J. Pollack and J. Cebrian. Operationalizing Blue Carbon in the Mission -Aransas National Estuarine Research Reserve, TX. Poster presented at: Sixth Annual Marine Science Graduate Student Organization Student Research Forum. Corpus Christi, TX, USA. December 2, 2016. Hutchison, L.M., D. Yoskowitz, J. Pollack and J. Cebrian. Operationalizing Blue Carbon in the Mission -Aransas National Estuarine Research Reserve, TX. Poster presented at: National Estuarine Research Reserve System/Association Annual Meeting. Williamsburg, VA, USA. November 14, 2016. Hutchison, L.M. Operationalizing Coastal Wetland Ecosystem Services for Enhanced Decision Making and Resilience. Dissertation Seminar. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. October 25, 2016. Hutchison, L.M., J. Cebrian, A. Macy and D. Yoskowitz. Carbon Storage in Northern Gulf of Mexico Salt Marshes and Mangroves. NOAA EPP Eighth Biennial Education and Science Forum. The City College of New York. New York, NY, USA. August 30, 2016. Hutchison, L.M. and C. Santos. Coastal Blue Carbon in the Gulf of Mexico. Blue Carbon Calculator and Ecosystem Services Workshop. Mission -Aransas National Estuarine Research Reserve. Port Aransas, TX, USA. May 31, 2016. * Hutchison, L.M. Incorporating Ecosystem Services into Wetland Mitigation Practices in Texas. Poster presented at: Mitigation and Ecosystem Banking Conference. Fort Worth Convention Center. Fort Worth, TX, USA. May 12, 2016. Hutchison, L.M. Diving the Flower Garden Banks National Marine Sanctuary. Scuba Club. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. October 1, 2015. * Hutchison, L.M. Assessing the Potential to Incorporate Ecosystem Services into the Coastal Wetland Mitigation Process in Texas. Poster presented at: Mitigation and Ecosystem Banking Conference. Rosen Centre. Orlando, FL, USA. May 6, 2015. Hutchison, L.M., J. Cebrian, A. Macy and D. Yoskowitz. Meta-analysis of Carbon Storage in Gulf of Mexico Salt Marshes and Mangroves. Poster presented at: A Conference on Ecosystem Services (ACES). Crystal Gateway Marriot Hotel. Arlington, VA, USA. December 10, 2014. Hutchison, L.M., J. Cebrian, A. Macy and D. Yoskowitz. Linking Structural and Process -based Attributes of Salt Marshes and Mangroves to Ecosystem Service Provision. Bays and Bayous Symposium. Mobile Convention Center. Mobile, AL, USA. December 2, 2014. Hutchison, L.M. Linking Coastal Wetland Functions to Ecosystem Services for Enhanced Decision-making and Resilience. Graduate Scholarly Works Symposium. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. April 11, 2014. Hutchison, L.M. Linking Coastal Wetland Functions to Ecosystem Services for Enhanced Decision-making and Resilience. Research Proposal Seminar. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. April 4, 2014. Hutchison, L.M. and B. Blomberg. Making Films About Science. Marine Benthic Ecology Course. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. February 11, 2014. * Hutchison, L.M. and D. Yoskowitz. Public Perceptions of Coastal Ecosystem Service Values: A Gulf of Mexico - wide Survey. Coastal and Estuarine Research Federation (CERF). San Diego, CA, USA. November 4, 2013. Hutchison, L.M. Community Involvement Opportunities to Enhance Water Quality. AVEDA Institute Assembly. Corpus Christi, TX, USA. April 4, 2013. * Hutchison, L.M. Operationalizing Ecosystem Services. S&E Graduate Student Research Forum. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. December 7, 2012. Hutchison, L.M. Costa Rica: Culture, Conservation, and Payments for Ecosystem Services. Tropical Ecology Course. Texas A&M University- Corpus Christi. Corpus Christi, TX, USA. November 8, 2012. * Hutchison, L.M. Ecosystem Services, Environmental Economics and Social Entrepreneurship??. Algernon Sydney Sullivan Foundation Service & Social Entrepreneurship Summer Institute. Tamarindo, Costa Rica. June 20, 2012. * Hutchison, L.M., P.A. Montagna, and D. Yoskowitz. Multiple Perspectives on Stakeholder Perceptions of Coastal Habitat Ecosystem Services for Improved Ecosystem -based Management. NOAA EPP Sixth Education and Science Forum. Tallahassee, FL, USA. March 26, 2012. Hutchison, L.M., D. Scholz and P.A. Montagna. Stakeholder Perceptions of Ecosystem Services of Coastal Habitats. Coastal and Estuarine Research Federation (CERF). Daytona Beach, FL, USA. November 9, 2011. Hutchison, L.M., D. Scholz and P.A. Montagna. Prioritization of Habitat Management Areas using Stakeholder Analysis of Ecosystem Services within a GIS Framework. A Conference on Ecosystem Services (ACES). Phoenix, AZ, USA. December 8, 2010. EDUCATIONAL MEDIA 2014 Biodiversity and Ecosystem Services. Beneath the Waves Film Festival. March 2014. 2013 Ecosystem Services of the Ocean. Beneath the Waves Film Festival. Savannah, GA & San Diego, CA. March 2013. Universidado do Algarve, Faro, Portugal. October 2013. Cinefish Film Festival. Corpus Christi, TX. November 2013. 2011-2013 Sink Your Shucks. Beneath the Waves Film Festival. Mobile, AL. March 2011. Coastal Carolina University, Conway, SC. September 2013. Cinefish Film Festival. Corpus Christi, TX. November 2013. 2009 The Dead Zone. Hydrograf(x) Competition, Consortium of Universities for the Advancement of Hydrologic Science, Inc., Washington, D.C. WORKSHOPS ORGANIZED Oct -Nov 2018 June 13 2018 May 15-16 2018 May 18 2017 Dec 19 2017 June 14 2010 Gulf of Mexico Ecosystem Services Logic Models and Socio -Economic Indicators: Oyster Restoration Workshop. Charlotte Harbor, FL, Ocean Springs, MS, Mobile, AL, New Orleans, LA, Galveston, TX. Incorporating Ecosystem Services and Socio -Behavioral -Economic Indicators into the Coastal Community Resilience Index. Hosted at GOMA All Hands 2018 meeting. St. Petersburg, FL. Socio -Behavioral -Economic Indicators Workshop. Hosted at the Harte Research Institute for Gulf of Mexico Studies. Corpus Christi, TX. Socio -Economic Indicators Workshop. Hosted at the Harte Research Institute for Gulf of Mexico Studies. Corpus Christi, TX. Wetlands Conservation Finance: Texas Style Workshop. Hosted by Mission -Aransas National Estuarine Research Reserve. Corpus Christi, TX. Nueces Estuary Ecosystem Management Initiative: An Ecosystem Services Based Plan. Workshop for Coastal Bend Bays & Estuaries Program. Hosted at the Harte Research Institute for Gulf of Mexico Studies. Corpus Christi, TX. WORKSHOPS ATTENDED *denotes invited participation Sep 19 2018 Research Exchange on Blue Carbon. Hosted by Mission -Aransas National Estuarine Research Reserve. Corpus Christi, TX.* May 30-31 2018 Social Indicators and Civic Engagement Symposium. Biloxi, MS.* Apr 30 -May 1 2018 Gulf of Mexico Climate and Resilience Outreach Community of Practice Workshop. Port Aransas, TX. Oct 24-25 2017 Planning and Facilitating Collaborative Meetings Workshop. Hosted by Mission -Aransas National Estuarine Research Reserve. Corpus Christi, TX. Mar 15 2017 Blue Carbon: Taking Next Steps Gulf Regional Workshop. Hosted by Restore America's Estuaries. New Orleans, LA. Feb 15 2017 Broader Impacts Identity Workshop. Hosted by the Office of Community Outreach at Texas A&M University- Corpus Christi. Corpus Christi, TX. Jan 12 2017 Behavior Change Marketing Workshop. Hosted at the Mission -Aransas National Estuarine Research Reserve. Port Aransas, TX. May 31 2016 Blue Carbon Calculator and Ecosystem Services Workshop. Hosted at the Mission - Aransas National Estuarine Research Reserve. Port Aransas, TX. * Nov 05 2015 July 16 2013 Feb 28 2013 May 23-25 2012 Blue Carbon Workshop. Hosted at the Mission -Aransas National Estuarine Research Reserve. Port Aransas, TX. * Restoring the Gulf After Deepwater Horizon: Implementing the RESTORE Act in Texas. Hosted by Texas Sea Grant and the Environmental Law Institute. Port Aransas, TX. Texas Mangrove Research Symposium. Hosted at the Mission -Aransas National Estuarine Research Reserve. Port Aransas, TX. Research Coordination Network (RCN) for Climate, Energy, Environment, and Engagement in Semiarid Regions (CE3SAR) Kick-off Charette. Hosted at the Southwest Research Institute. San Antonio, TX. Jan 30 2012 Climate Change Communication Workshop. Workshop for the Coastal Training Program of the Mission -Aransas National Estuarine Research Reserve. Hosted at the University of Texas Marine Science Institute. Port Aransas, TX. Jan 24-26 2012 Integrating Ecosystem Services into Restoration Decisions for the Gulf of Mexico Workshop. Hosted at the Harte Research Institute for Gulf of Mexico Studies. Corpus Christi, TX. June 28 2011 Water Words that Work. Weeks Bay Foundation. Hosted at the University of Texas Marine Science Institute. Port Aransas, TX. May 16-17 2011 NOAA/ECSC Coupled Ecological -Societal Systems Modeling (CESSM). Workshop for the Mission -Aransas National Estuarine Research Reserve. Hosted at the University of Texas Marine Science Institute. Port Aransas, TX. April 29 2011 Public Comment Session. Texas State Coastal Program Assessment and Strategies Report for 2011-2015. Workshop for Texas General Land Office. Hosted at the Harte Research Institute for Gulf of Mexico Studies. Corpus Christi, TX. COMMUNITY SERVICE 2013- present National Ocean Science Bowl, Port Aransas, TX Official (2013, 2014, 2016, 2017) 2015- present BLUE Gulf Film Competition (now Harte of the Gulf Film Competition) Co -Founder and Event Organizer (2015) Judge and Liaison (2017) 2017- present PLOS ONE Peer Reviewer 2010-2018 Coastal Bend Bays Foundation Executive Vice President (2013- 2015) Visions Committee member (2012- 2014) Environmental Projects Committee Chair (2010- 2014) 2017 Marine Science Graduate Student Organization Student Research Forum Judge 2017 Diocese of Corpus Christi Science Fair Judge 2016 BLUE On Tour -Corpus Christi Film Festival Event Organizer 2012- 2015 Corpus Christi Bay TMDL Stakeholder 2011-2012 2010-2012 Scuba Club, TAMUCC San Antonio Bay Partnership Stakeholder 2009- 2012 Marine Science Graduate Student Organization, TAMUCC Fundraising Committee Chair (2009- 2010) AWARDS 2016 First Place Poster Presentation. Sixth Annual Marine Science Graduate Student Organization Student Research Forum. Corpus Christi, TX, USA. 2013 Third Place Video, "Sink Your Shucks", Cinefish Film Festival, 66th Gulf and Caribbean Fisheries Institute, Corpus Christi, TX, USA. 2012 Honorable Mention for Oral Presentation. Resilient Coastal Communities and Economies Session. NOAA EPP Sixth Education and Science Forum. Tallahassee, FL, USA. 2011 Best Conservation Film, "Sink Your Shucks", Beneath the Waves Film Festival, Benthic Ecology Meeting, Mobile, AL, USA. 2009 Best Video for a General Audience, Hydrograf(x) Competition, "The Dead Zone, a story of seasonal hypoxia near the Mississippi river outflows", Consortium of Universities for the Advancement of Hydrologic Science, Inc., Washington, D.C., USA. GRANTS 2018 2018-2020. Co -Principal Investigator. Texas Coastal Management Program (CMP) Grant Cycle #23. Assessment and economic valuation of nitrogen mitigation in Texas Coastal Bend restored marsh. Lin Zhang (co -PI). $98,877. 2017 2018-2019. Co -Principal Investigator. Gulf of Mexico Alliance. Gulf Star Award. Incorporating Socio -Economic and Ecosystem Service Indicators into the Coastal Community Resilience Index. David Yoskowitz (co -PI). $67,800. SCHOLARSHIPS 2016 TAMUCC Coastal and Marine System Science Program Travel Award to attend the National Estuarine Research Reserve System/Association Annual Meeting. Williamsburg, VA. 2015 2014-2015 2014 TAMUCC Graduate Studies Scholarship Harte Research Institute for Gulf of Mexico Studies Fellowship. Travel Fund Award to attend National Mitigation and Ecosystem Banking Conference. Denver, CO. 2013 ELITE Program Travel Fund Award to attend CERF Conference. San Diego, CA. 2012 Algernon Sydney Sullivan Foundation Fellowship to attend the Service & Social Entrepreneurship Summer Institute in Costa Rica and mentor students. 2012 TAMUCC Graduate Studies Scholarship. 2011 Earl C. Sams Endowed Graduate Scholarship. 2010 USDA/TxHSIC Scholarship to attend a Field Tour of the western United States for students considering careers with federal public land agencies. 2010 Center for Coastal Studies, Millicent Quammen Memorial Scholarship to attend ACES Conference. Phoenix, AZ. 2010 ELITE Program Travel Fund Award to attend ACES Conference. Phoenix, AZ. 2010 Scholarship to attend Restore America's Estuaries Conference. Galveston, TX. 2001- 2005 Baumberger Scholarship. GRADUATE STUDENT SUPERVISION Current Student Degree Triple Powers M.S. Expected Graduation Date May 2018 PROFESSIONAL SOCIETY MEMBERSHIPS 2013- present Gulf Estuarine Research Society 2015- 2016 Texas Outdoor Writers Association (Student Member) SKILLS Programs Scuba ArcGIS, JMP, R, Primer, Final Cut Pro, Photoshop Master diver, Nitrox / CPR / first aid /AED certified Scientific Diver in Training (AAUS) Documentarian Photographer, videographer, traveler and researcher CITY OF CORPUS CHRISTI Submit Date: Jan 08, 2019 Application for a City Board, Commission, Committee or Corporation Profile Kaylynn First Name Email Addres 14300 SPID #203 J Middle Initial Paxson Last Name Street Address Corpus Christi City What district do you live in? * TX State 78418 Postal Code 17 District 4 Current resident of the city? e Yes r No 18 It yes, how many years? Home: (361) 510-7635 Home: (361) 510-7635 Primary Phone Alternate Phone Port Royal_--__-_ Senior Manager of F&B Employer Job Title 6317 TX -361 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78373 Work Address - Zip Code 361-749-5100 Work Phone kpaxson@port-iroyal.com Work E-mail address Kaylynn J Paxson Page 1 of 5 Preferred Mailing Address 17 Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CRIME CONTROL & PREVENTION DISTRICT: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted ISLAND STRATEGIC ACTION COMMITTEE: Submitted Interests & Experiences Are you a registered voter? t= Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not city board Education, Professional and/or Community Activity (Present) Bachelors degree in Political Science Masters degree in Public Administration Current board member of the Padre Island Business Association Current Chair of the Hospitality Committee for PIBA Current member of the PIBA Ambassadors City Council At Large Candidate (2018) Nominated in 2018 for a Hospi Award recognizing leadership and initiative in the hospitality and tourism industry Volunteered at the Animal Rehabilitation Keep at the UTMSI from 2006-2014. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Island Strategic Action Committee Parks and Recs Advisory Watershore and Beach Advisory Committee Why are you interested in serving on a City board, commission or committee? I am very passionate about the future of my city and want to make a difference in its story. Having run for public office, I would like to now spend my time focusing on boards and committees where I can have a real impact with my time and passion on adding to this beautiful city and its culture. I know Corpus is one of the best cities to live in; I want to help make that a reality for everyone else, both current residents and future neighbors! Upload a Resume Demographics Gender 17 Female Kaylynn J Paxson Page 2 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? rYes r• No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r• No Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes it 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) Question applies to ISLAND STRATEGIC ACTION COMMITTEE ISAC must include representatives from certain categories. Do you qualify for any of the following categories? 17 Padre Island Business Association Member (Nominated by the Association) 17 Person who resides on Mustang Island or who is an employee of a Mustang Island property owner Kaylynn J Paxson Page 3 of 5 Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? l Owner or Representative of a Hotel or Condo Located on North Padre Island or Mustang Island 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. 17 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. 17 I Agree Kaylynn J Paxson Page 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which 1 seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. 17 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Kaylynn J Paxson Page 5 of 5 KAYLYNN PAXSON 14300 SPID #203 Corpus Christi, Texas 78418 • Cell: 361-510-7635 • Emai apart, Education Masters: Public Administration (2018) Science (2013) Texas A&M University -Corpus Christi Christi Emphasis: Public Management Relations Skills Bachelors of Arts: Political Texas A&M University -Corpus Emphasis: International • Operations Director, PAR • Author, Company SOPs: - Restaurant Group - 100+ employees • Business Management • New Business Set Up • Inventory Management • Cost Setting • Manage 100+ Staff Members Software • Author, PIBA Strategic Plan (2018-2020) • Corpus Christi Public Libraries: Needs Assessment (2018) • Public Relations • Multi Media Marketing • Fundraising/Community Outreach • Operations Design • Event Organization/Coordination • Strategic Planning: Business and Organizational • 9+ years Customer Service, Marketing, and Direct Sales • Microsoft Office/SSPS • Micros / Aloha / Clover • Sugar / Galaxy • TAI / Maestro Work Experience Senior Manager of Food and Beverage August 2018 - Present Port Royal Oversee daily and long-term operations of the Food & Beverage, and Retail departments Establish long term plans and goals for rebuilding departments post Hurricane Harvey Director of Operations November 2017 -Present PAR Restaurant Group (Scuttlebutts Bar and Grill & Surfside Sandwich Shoppe) Author Company Standard Operating Procedures - 100+ Staff / 10 Departments - Establish Company Budgets - Design Business Goals and Annual Strategies - Develop and Manage Marketing Strategies Director: Food & Beverage/Entertainment April 2017 -November 2017 (Hurricane Closure) Holiday Inn, North Padre Island Redesign Food & Beverage Business Plan and Operations Plan - Oversee/Direct all Front of House (FOH), Back of House (BOH), and Bars - Training and Oversight of 30+ team members - All multi -media marketing; print, partnerships, and social media. Sales Management: Sales & Catering Manager/Event Coordinator 2015 -April 2017 Schlitterbahn, Corpus Christi Group Sales Manager Banquet /Catering Manager/Event Coordinator - Set Up/Creating Group Sales Dept. - Set Up/Creating Catering Department - Booking/Planning Group Events - Booking/Planning/Organizing Catered Events - Set Up for Company/Private Group - Catering Menu Creation/Sales - Sales reporting quarterly/annually - Coordinate with Food & Beverage/Operations Departments Membership Department - End of Month Billing - Event Planning - Managing customer relations Restaurant Management: Front of House Supervisor 2014-2015 Schlitterbahn, Corpus Christi Employee management/scheduling; Inventory/ordering and stock management - Four bars - Set Up/Open the restaurant/bars as a - Main restaurant new business - Managed customer relations Hostess: Service Floor Coordinator 2007- 2014 The Pelican Club Managed customer relations Implement original system of Host Management Efficiency (adopted by The Pelican Club) Management: Assistant Manager 2010- Present The Bread Wagon - Set Up/Open restaurant as a new business - Manage sales floor and customer relations - Implement advertising strategies and meet sales quotas - Inventory Retail: Sales 2005-2010 Splash, Inc. - Set Up/Open as a new business for international investors - Sales floor/advertising strategies - Received two pay promotions and commission for demonstrating competitive sales ability Community Involvement Padre Island Business Association 2018 -Present Board Member / Ambassador / Chair Hospitality Committee Nueces County Republican Party 2018 -Present Secretary City Council At Large Candidate 2018 Received Candidate Endorsement From "Our City Magazine" Padre Island Business Association 2016-2017 Strategic Plan; Author & Implementation Committee (2018-2020) Padre Island Business Association Ambassador/ Calendar Officer Coordinator/Chair of Committee: Taste of the Island Corpus Christi Public Libraries 2018 Needs Assessment / Strategy Recommendation Grant Writing 2016-2017 Grow Local South Texas Burn Pits 360, Veteran Resources Barefoot Mardi Gras 2015-2019 Events Coordinator -Planner: Parade, Festival, and Ball Animal Rehabilitation Keep (ARK) 2005-2011 The University of Texas Marine Science Institute- Port Aransas, Texas *More Information on Request at Interview Awards SPARK: Award Nominee: Greater Corpus Christi Hospitality Association 2018 Recognized for Excellence in Advancing the Coastal Bend Tourism Industry Congressional Ambassador Award 2012 Demonstrating Leadership through Founding and Chairing Local Chapter of University Organization Scholarly Achievements Environmental Organization: Co -Founder Nice President- Fall 2011 -Fall 2012 President- Spring 2013 The Alternative Energy Organization at Texas A&M University Corpus Christi Political Organization: Co -Founder/ Vice Chair- Fall 2012 -Fall 2013/Chair Fall 2013 The College Republican of Texas at Texas A&M University Corpus Christi References John and Gaye White Todd Hunter (U.S. State Representative) 15217 SPID, Corpus Christi, Texas 78418 Personal: (361) 549-6347 Charlie Zahn Port Authority Commissioner, Nueces County Appointee 222 Power Street Corpus Christi, Texas 78401 Main: 361-882-5633 • Fax: 361-882-7110 Debbie Lindsey -Opel City Council Member 2016-2018 361-728-1459 Toby Futrell, PhD Professor of Public Administration, TAMUCC 6300 Ocean Dr, Corpus Christi, TX 78412 Personal: (512) 925-2720 Dan Jorgensen, PhD Department Chair: Masters Program, Public Administration, TAMUCC 6300 Ocean Dr, Corpus Christi, TX 78412 Personal: (361) 537-5927 Stan Hulse Toucan Graphics (Owner) PIBA Representative ISAC Board Member Personal: (956) 346-6356 Amy Gazin Schlitterbahn Corpus Christi (Marketing and Public Relations Director) PIBA Board Member Personal: (361) 815-1657 Cheri Sperling Coastline Properties (CEO) Business: (361) 949-0101 Elaine Motl Barefoot Mardi Gras (Coordinator/Marketing Director) Personal: (361) 947-5235 John Vaughn Willowbend Mortgage Kiwanis Club (Coordinator) Personal: (361) 779-0477 Cassandra Strom Padre Island Business Branding (Proprietor) Published Author: Hello Navi New Life Refuge Ministries Board Member Personal: (740) 706-2009 Guy Carnathan The Pelican Club (Proprietor) 914 Tarpon, Port Aransas, Texas 78373 Personal: (361) 332-1018 • Business: (361) 749-4888 CITY OF CORPUS CHRISTI Submit Date: Nov 09, 2018 Application for a City Board, Commission, Committee or Corporation Profile Ms Sarah Tominack Prefix First Name Last Name sarah.tominack@tamucc.edu Email Address 4445 Cedar Pass Dr #118 Street Address Suite or Apl Corpus Christi TX 78413 City What district do you live in? * State Postal Cade 17 District 5 Current resident of the city? n Yes r No 3 If yes, how many years? Home: (850) 748-2809 Home: (205) 799-0982 Primary Phone Alternate Phone Texas A&M University -Corpus Christi Graduate Research Assistant Employer Job Title 6300 Ocean Drive Unit 5860 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78412 Work Address - Zip Code NA Work Phone Sarah.Tominack@tamucc.edu Work E-mail address Ms Sarah Tominack Page 1 of 5 Preferred Mailing Address p Work Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? ti Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) I am a current PhD student at Texas A&M University -Corpus Christi, and have previously worked for the EPA and National Park Service. Why are you interested in serving on a City board, commission or committee? I would like to participate to the best of my abilities to the growth of my city. I believe the best way to accomplish that would be to serve as a scientist on the Watershore and Beach Advisory Committee. Upload a Resume Demographics Gender Iv Female 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 G No Do you, your spouse, your business or your spouse's business have a City contract? r Yes e No Ms Sarah Tominack Page 2 of 5 Does your employer or your spouse's employer have a City contract? (3 Yes 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? 0 Yes c 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? rYes 6'No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes a No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. NA Board -specific questions (if applicable) Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? * 17 Scientist i.e.,Marine Biologist) Ms Sarah Tominack Page 3 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. 17 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. i7, I Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. 17 I Agree Ms Sarah Tominack Page 4 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Ms Sarah Tominack Page 5 of 5 Sarah A. Tominack Texas A&M University — Corpus Christi sarah.tominack@tamucc.edu (850) 748 2809 Education PhD Marine Biology. Texas A&M University -Corpus Christi, Corpus Christi, Texas. In Progress Dissertation title: Physical, Chemical, and Biological Factors Influencing Phytoplankton Dynamics and Karenia brevis Blooms in a South Texas Bay (Corpus Christi Bay) Advisor: Michael S. Wetz MS Biology. University of West Florida, Pensacola, Florida. 2014 Thesis title: Spatial and Temporal Variation in the Community Structure of Marine Archaea in the Northeastern Gulf of Mexico Advisor: Richard A. Snyder BA Environmental Biology. University of North Alabama, Florence, Alabama. 2011. Cum Laude Research Interests Long-term monitoring efforts of phytoplankton communities and the forces driving community composition. I am also interested in coupling long-term observations with experimental manipulations to elucidate processes underlying ecological changes. Experience Graduate research assistant, Texas A&M University — Corpus Christi January 2016 -Present • Continued development of aquatic photosynthetic organism identifications • Designed and implemented rigorous field study for the investigation of harmful algal blooms • Mentored incoming graduate and undergraduate students in laboratory and field processes Adjunct Faculty, Aquatic Botany Lab (BOT4404L) and Biology I Lab (BSC2010), University of West Florida January 2015 -May 2015 • Conveyed complex botanical topics in an approachable manner • Engaged in the introduction of biological concepts to students new to the field • Assisted students in their investigation of new concepts Graduate research assistant, University of West Florida May 2012 -December 2014 • Collected biological, physical, and chemical data in the Gulf of Mexico • Processed samples in a molecular biology laboratory setting • Examined ecological relationships of microbes and their environment Other Employment Youth Conservation Corps Coordinator, United States Department of the Interior, National Park Service May 2011 -August 2011 • Supervised 13 high school students during summer employment at Gulf Islands National Seashore • Coordinated student work schedule with maintenance department staff • Motivated students to perform their duties with pride and attention to detail • Provided learning experiences about local history, flora, and fauna Invited Talks • 'Microbes in the Ocean... Who Cares?' Rotary Club of Athens, AL District 6860. November 2014. • 'Spatial and Temporal Variation in the Community Structure of Marine Archaea in the NE Gulf of Mexico' Biology Seminary, The University of West Florida. April 2014 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 15, 2019 Action Item for the City Council Meeting of January 22, 2019 DATE: December 13, 2018 TO: Keith Selman, Interim City Manager THRU: Sylvia Carrillo -Trevino, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Reimbursement Resolution for Bond 2018 General Obligation Bonds CAPTION: Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of one or more series of tax-exempt obligations to be issued by the City in an aggregate amount not to exceed $96,000,000 for authorized purposes relating to constructing various City improvements; authorizing matters incident and related thereto; and providing an effective date. PURPOSE: The City is ready to award construction contracts associated with Bond 2018 projects approved by the voters on November 6, 2018. Since this will occur prior to the general obligation bonds actually being sold, this resolution is needed for the City to reimburse itself for costs incurred prior to the receipt of the bond proceeds. BACKGROUND AND FINDINGS: On November 6, 2018, the voters of Corpus Christi approved the following propositions on the ballot. • Proposition A: Streets (23 projects) $52,000,000 • Proposition B: Streets (14 projects) $22,000,000 • Proposition C: Parks and Recreation (7 projects) $ 5,630,000 • Proposition D: Libraries & Cultural (4 projects) $ 3,878,000 • Proposition E: Pubic Safety (7 projects) $11,343,000 • Proposition F: Public Health (1 project) $ 1,149,000 TOTAL $96,000,000 For the City to be eligible for reimbursement of any expenditure incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Bond Counsel • City Attorney's Office • Engineering • Financial Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not applicable RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS ONE OR MORE SERIES OF TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $96,000,000 FOR AUTHORIZED PURPOSES RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) designing, constructing, renovating, improving, reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, equipment storage facilities, acquiring lands and rights-of-way necessary thereto or incidental therewith; designing, constructing, renovating, improving, expanding, and equipping City parks and recreation facilities, City libraries and cultural facilities, public safety facilities, public health facilities, and other capital improvement projects, being the projects approved at an election held on November 6, 2018 by the City (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the projects that are the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the Issuer intends to reimburse itself for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt obligations (the Obligations) that the Issuer currently contemplates issuing in an amount not to exceed $96,000,000 to finance a portion of the costs of the Project; and WHEREAS, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and 73763327.4 WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2. The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 3. The Issuer intends to otherwise comply with those matters addressed within this Resolution. SECTION 4. This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law. SECTION 5. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 6. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 7. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 8. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 9. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. 73763327.4 2 SECTION 10. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 73763327.4 3 PASSED, ADOPTED AND APPROVED on this the day of January, 2019. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS DAY OF JANUARY, 2019: Miles Risley, City Attorney 73763327.4 S-1 THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the day of January, 2019, relating to establishing the City's intention to reimburse itself in an amount not to exceed $96,000,000 for the prior lawful expenditure of funds relating to constructing various capital improvements to City property, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the day of January, 2019. City Secretary (CITY SEAL) 73763327.4 S-2 That the foregoing resolution was read and passed on this the day of January, 2019, by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas 73763327.4 day of , 2019 S-3 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 15, 2019 Action Item for the City Council Meeting of January 22, 2019 DATE: January 15, 2019 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management jimd@cctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Automotive Maintenance Parts for Asset Management CAPTION: Motion authorizing a one-year supply agreement for the purchase of automotive maintenance parts with Advance Auto Parts of Corpus Christi, Texas via U.S. Communities cooperative for $240,000, with a one-year option for a total potential multi- year amount not to exceed $480,000. PURPOSE: This item is to approve the purchase of automotive maintenance parts. BACKGROUND AND FINDINGS: Fleet Maintenance currently has an ongoing need to purchase automotive parts and supplies for Chevrolet, Ford and Dodge to be used by Fleet Maintenance for effect repairs on City vehicles and equipment. Acquisition of these goods is essential for Fleet Maintenance to maintain the fleet so that departments, in turn, can accomplish their missions. It is also important that these parts be delivered in a timely manner so that vehicles and equipment can be turned around, placed back in service, and continue to perform required operations. This supply agreement will significantly assist Fleet in ensuring the above is accomplished. The Purchasing Division utilized the U.S. Communities cooperative for these procurements. Contracts awarded through the cooperatives have been competitively procured and are in 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 DEPARTMENTAL CLEARANCES: Fleet Maintenance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $3,191,731.00 $300,000.00 $3,491,731.00 Encumbered / Expended Amount $668,518.77 $0.00 $668,518.77 This item $180,000.00 $300,000.00 $480,000.00 BALANCE $2,343,212.23 $0.00 $2,343,212.23 Fund(s): Fleet Maint. Svc. Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: SONIA TAMEZ PRICE SHEET Automotive Maintenance Parts for Fleet TOTAL Not to Exceed *$240,000 Advance Auto Parts Corpus Christi, Texas ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 Parts 5-65% based on Catalog pricing 1 $240,000 TOTAL Not to Exceed *$240,000 SUPPLY AGREEMENT NO. 66390 Automotive Maintenance Parts for Fleet THIS Automotive Maintenance Parts for Fleet Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Advance Auto Parts ("Supplier'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Automotive Maintenance Parts for Fleet in response to Request for Bid No. 2017000280 ("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 Automotive Maintenance Parts for Fleet 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 one year. The parties may mutually extend the term of this Agreement for up to one additional one-year 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. This Agreement is for an amount not to exceed $240,000.00, 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 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: Benjamin Sanchez Fleet Maintenance 361.826.1959 BenjaminS@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 001 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. City may inspect all products supplied before 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. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 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. 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 unless the subcontractors were named in the bid or in an attachment to this Agreement. 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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, HCA taxes, unemployment taxes and all other applicable 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: Benjamin Sanchez Assistant Parts Foreman 5352 Ayers Street, Building 3B, Corpus Chrisiti, Texas 78415 Phone: 361.826.1959 Fax: 361.826.8255 IF TO SUPPLIER: Advance Auto Parts Attn: Michael Casey Brannign SVP Customer Engagement 5354 McArdle, Corpus Christi, Texas 78411 Phone: 361.991.91 19 Fax: 919.301.4079 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract 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. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 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 if required by said statute. 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. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 SUPPLIER Signature: Printed Name: /4 /C- 011CI-twiEL GA56y 9iontwlc-t4 Title: Me 04s -twee r Date: 12-- /g CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance — Purchasing Division 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. 66390 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 ATTACHMENT A: SCOPE OF WORK SCOPE OF WORK 1. Contractor shall provide filters, brakes, engine parts, body parts, supplies and other automotive parts. 2. Contractor shall deliver parts to the City Garage, City Service Center at 5352 Ayers Street, Building 3B, Corpus Christi, Texas 78415. 3. In stock parts ordered before 2:00 pm will be delivered same business day. 4. In stock parts ordered after 2:00 pm will be delivered next business day. 5. Contractor shall deliver parts between the hours of 8:00 am through 5:00 pm to include Saturdays and holidays (excepting Christmas Day). 6. Contractor shall have a bill of sale upon delivery. 7. Parts will be ordered on an as needed basis. 8. Service agreement will be for one year with option to extend for one additional one year. PAGE 1 OF 1 Attachment B — Pricing Schedule City of Corpus Christi Quote Form Description Discount Automotive & Fleet Parts for Chevy, Ford, Dodge & Supplies 5 65% based on Catalog pricing US Communities Contract 2017000280 Total Not to Exceed $240,000.00 COMPANY: Advance Auto Parts NAME OF PERSON AUTHORIZED TO SIGN: Michael Casey Brannigan ADDRESS: 5354 McArdle Rd PHONE: 361-991-9119 FAX: 919-301-4079 SIGNATURE: / irk CITY/STATE/ZIP: Corpus Christi, TX 78411 EMAIL: hervey.jaramillo@advance-auto.com DATE: 11-30-18 TITLE: SVP Customer Engagement Page 1 of 1 Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part 11 of this Exhibit. $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 Fleet Dept. Mechanical Parts Supply and Delivery 11/28/2018 sw Risk Management Valid Through 12/31/2019 Attachment D: Warranty Requirements Warranty is based on manufacturer warranty. PAGE 1 OF 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 15, 2019 Action Item for the City Council Meeting January 22, 2019 DATE: January 15, 2019 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management jimd@cctexas.com (361) 826-1909 Becky Perrin, Interim Director, Parks and Recreation Department BeckyP@cctexas.com 361-826-3464 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Ford F-150 and F-250 Trucks for Parks and Recreation CAPTION: Motion authorizing the purchase of one Ford F-150 extended cab truck, one Ford F-150 crew cab truck and seven Ford F-250 crew cab trucks for Parks and Recreation from Silsbee Ford, Inc. of Silsbee, Texas for a total amount not to exceed $263,588.88. PURPOSE: The item is to approve the purchase of nine Ford trucks for Parks and Recreation. BACKGROUND AND FINDINGS: Parks and Recreation will increase their vehicle fleet by four units to be used for daily operations. One unit will be used by the Gulf Beach lifeguards for better patrol coverage, one unit will be assigned to Gulf Beach Park Enforcement for the addition of a new officer, one unit will be assigned to the Beach Operations staff adding another trash unit to help keep beaches clean and one unit will be used by a new Bay Beach Enforcement officer. The other five units are replacement units; two will be used by the Beach Maintenance crew for sanitation and beach maintenance, one will be assigned to the Gulf Beach lifeguards, one unit will be used by Gulf Beach Park Enforcement staff and the final unit will be used by the North Beach maintenance crew for sanitation and beach maintenance. The Purchasing Division conducted a competitive Request for Bid process to obtain bids from qualified firms. The City received three bids and recommends award to the lowest responsive, responsible bidder, Silsbee Ford. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $549,419.84 $0.00 $549,419.84 Encumbered / Expended Amount $178,620.37 $0.00 $178,620.37 This item $263,588.88 $0.00 $263,588.88 BALANCE $107,210.59 $0.00 $107,210.59 Fund(s): General Fund and State HOT Beach Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: JOHN ELIZONDO BID TABULATION BID NO. 1970 FORD F-150 AND F-250 TRUCKS FOR PARKS AND RECREATION ITEM DESCRIPTION QTY Silsbee Ford Silsbee, TX Autonation Ford Mazda Corpus Christi, TX Bluebonnet Ford New Braunfels, TX UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 3/4 Ton 2019 Ford F-250 XL 4x4 Crew Cab Truck 7 $30,494.36 $213,460.52 $32,000.00 $224,000.00 $33,292.00 $233,044.00 2 1/2 Ton 2019 Ford F-150 XL Extended Cab Truck 1 $24,480.68 $24,480.68 $25,900.00 $25,900.00 $27,571.00 $27,571.00 3 1/2 Ton 2019 Ford F-150 XL Crew Cab Truck 1 $25,647.68 $25,647.68 $27,675.00 $27,675.00 $26,230.00 $26,230.00 TOTALS $263,588.88 $277,575.00 $286,845.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 15, 2019 Action Item for the City Council Meeting January 22, 2019 DATE: January 15, 2019 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management jimd@cctexas.com (361) 826-1909 Becky Perrin, Interim Director, Parks and Recreation Department BeckyP@cctexas.com 361-826-3464 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 John Deere Mowers for Parks and Recreation CAPTION: Motion authorizing the purchase of four John Deere mowers for Parks and Recreation from Deere & Company, of Cary, North Carolina, via BuyBoard cooperative for a total amount not to exceed $80,229.24. PURPOSE: This item is to approve the purchase of four John Deere mowers for Parks and Recreation. BACKGROUND AND FINDINGS: The four mowers will be utilized by Park Operations staff for daily operations. These are replacements for mowers currently used by Park Operations mowing crews. The mowers being replaced are all 2009 John Deere models with approximately 2,000 — 2,700 hours logged and were budgeted for replacement in the FY2018-19. Utilization of the BuyBoard cooperative provides competitive pricing for the City through competitive procurements that are in compliance with Texas local and state 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 DEPARTMENTAL CLEARANCES: Asset Management Parks and Recreation Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $311,297.86 $0.00 $311,297.86 Encumbered / Expended Amount $231,068.62 $0.00 $231,068.62 This item $80,229.24 $0.00 $80,229.24 BALANCE $0.00 $0.00 $0.00 Fund(s): StormWater Fund and General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price List PRICE SHEET CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: JOHN ELIZONDO John Deere Mowers for Parks & Recreation BUY BOARD CONTRACT 529-17 DEERE & COMPANY CARY, NORTH CAROLINA ITEM DESCRIPTION QTY. UNIT UNIT PRICE EXTENDED PRICE 1. Side Discharge Deck for Parks and Recreation Department 4 EA $20,057.31 $80,229.24 Total Price $80,229.24 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 15, 2019 Second Reading for the City Council Meeting of January 22, 2019 DATE: December 20, 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 1902 Lipan Street CAPTION: Case No. 1018-05 Habitat for Humanity of Corpus Christi, Inc.: Request for rezoning a property at or near 1902 Lipan Street from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District. PURPOSE: The purpose of this item is to allow for the construction of a single-family home. RECOMMENDATION: Planning Commission and Staff Recommendation (November 14, 2018): Approval of the change of zoning from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District. Vote Results: For: 9 Opposed: 0 Absent: 0 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for light industrial uses. The proposed rezoning to the "RS -4.5" Single - Family 4.5 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 DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Filt. Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (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. 1018-05 Habitat for Humanity of Corpus Christi, Inc.: Ordinance rezoning property at or near 1902 Lipan Street from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Habitat for Humanity of Corpus Christi, 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, November 14, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District and on Tuesday, January 15, 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 Habitat for Humanity of Corpus Christi, 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 50.104 acre tract being all of Lots 11, 12, the south 9.0 feet of Lots 13 and 14, Block 4, Brennan Addition and a 316 square feet tract out of Lots 13 and 14, Block 4 Brennan Addition, located on the north side of Lipan Street, east of North Port Avenue, and west of Coke Street (the "Property"), from "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District (Zoning Map No. 046044), as shown in Exhibits "A" and "B". Exhibit A, is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\1018-05 Habitat for Humanity\Council Documents\Ordinance_1018-05 Habitat for Humanity.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 , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 5 Exhibit A STATE OF TEXAS COUNTY OF NUECES Field notes of a 0.104 acre tract being all of Lots 11, 12, the south 9.0 feet of Lots 13 and 14. Block 4, Brennan Addition, as shown on a trap recorded in Volume L Page 33, Map Records of Nusces County, Texas and a 316 square feet tract out of Lots 13 and 14, Block 4, described in a deed recorded in Document No. 2018023634, Official Records of Nueces County, 1 exits. Said 0.104 acre tract being more particularly described as follows: BEGINNING at a 54" re -bar found in the intersection of the north right of way of Lipan Street and the west right of way of Coke Street, for the southeast corner 011.ot 12, and for the southeast corner of this survey. THENCE with the common line of the north right of way of Lipan Street, Lots 11, 12, and this survey, North 89°16'59" West, a distance of 49.56 feet to a I" iron pipe found for the common south corner of Lot 11 and Lot EA, Block 4. Brennan Addition, as shown on a map recorded in Volume 68, Page 640, Map rctiords of Nuoces County, Texas, and for the southwest comer of this survey. THENCE with the common line of said Lot 8A, Lots 11, 14, and this survey, North 00°41'40" East. a distance of 91.48 feet to a Sir re -bar set in the common line of Lots NA and Lot 14, for the northwest corner of said 316 square feet tract, and for the northwest corner of this survey, from WHENCE a 54" re -bar found for the northeast comer of said Lot SA bean, North 00°4I'41F Fast, a distance of 4.7i feet. THENCE with the common north Zine of said 316 square feet tract and this survey, South 119"17'55" East a distance of 49.11 feet to a 5'*" re -bar found in the common line of the west right of way. of Coke Street and Lot 13, for the northeast corner of said 316 square feel, and for the northeast corner of this survey. THENCE with the common line of the west right of way of Coke Street, Lots 12. 13, and this sunny, South 00"24'43" West. a distance of 91.49 feet to the POINT OF BEGINNING of this tract, and containing 0.104 acres of land, more or kis. Notes: 1.1 Bearings arc based on (ilolini Positioning System NAD 83 (93) 4205 Datum. 2.) A Map of equal date a companies this Metes and Bounds description. 3.) Set 5r8" re -bar — steel re -bar set with yellow plastic cap labeled Brister Surveying. 1. Ronald E. Brister do hereby certify that this survey oithe property legally described herein was made on die ground this day August 2.2018 and is correct to the best of my knowledge and belief. Ronald E. Brister, RPI.S No. 5407 Date. August 2. 2018 Job No 181299 Page 4 of 5 0"41 It 3 5 1081 is ii Exhibit B 4 I1-1— COKE 5IREET ®pian wer I I I WriXA Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 1018-05 INFOR No. 18ZN1028 Planning Commission Hearing Date: November 14, 2018 Applicant & Legal Descri • tion Owner: Habitat for Humanity of Corpus Christi, Inc. Applicant: Habitat for Humanity of Corpus Christi, Inc. Location Address: 1902 Lipan Street Legal Description: 0.104 acre tract being all of Lots 11, 12, the south 9.0 feet of Lots 13 and 14, Block 4, Brennan Addition and a 316 square feet tract out of Lots 13 and 14, Block 4 Brennan Addition, located on the north side of Lipan Street, east of North Port Avenue, and west of Coke Street. Zoning Request From: "IH" Heavy Industrial District To: "RS -4.5" Single -Family 4.5 District Area: 0.104 acres Purpose of Request: To allow for the construction of a single-family home. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IH" Heavy Industrial Vacant Light Industrial North "IH" Heavy Industrial Drainage Permanent Open Space South "IH" Heavy Industrial Commercial Commercial East "RM -3" Multifamily 3 Low Density Residential Medium Density Residential West "RS -4.5" Single -Family 4.5 Vacant Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for light industrial uses. The proposed rezoning to the "RS -4.5" Single -Family 4.5 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Map No.: 046044 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 50 feet of street frontage along Lipan Street which is designated as a "01" Minor Collector Street and has approximately 91 feet of street frontage along Coke Street which is designated as a Local/Residential Street. According to the Urban Transportation Plan, "C1" Minor Collector Streets can convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Lipan StreetCollector "C1" Minor 60' ROW 40' paved 55' ROW 38' paved N/A Coke Street Local/Residential 50' ROW 28' paved 60' ROW 30' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District to allow for the construction of a single- family home. Development Plan: The subject property is 0.104 acres in size. The owner is proposing one single-family residence. Existing Land Uses & Zoning: The subject property is currently zoned "IH" Heavy Industrial District and consists of vacant land. The subject property was annexed in 1852 and has remained undeveloped. Aerial images dating back to 1950 have not identified any uses being located on the subject property. To the north is a drainage ditch. Additionally, there are existing nonconforming single-family homes across Brennan Street and are zoned "IH" Heavy Industrial District. To the south is a commercial property (Habitat for Humanity Restore) zoned "IH" Heavy Industrial District. To the west are three single-family homes under construction which are also associated with Habitat for Humanity projects. The homes were rezoned to the "RS -4.5" Single - Family 4.5 District in 2016. To the east, across Coke Street are single-family homes zoned "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 property is not platted. Utilities: Water: 8 -inch C900 line located along Lipan Street in front of the subject property. Wastewater: The closest available wastewater manhole is along Coke Street and has a depth of 9.5 feet. Gas: 2 -inch Service Line located along Lipan Street in front of the subject property. Storm Water: Inlets located to the east and west of the subject property along Lipan Street. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed Staff Report Page 3 rezoning to the "RS -4.5" Single -Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC) and with the following policies: • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage residential infill development on vacant Tots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Department Comments: • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and 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. Planning Commission and Staff Recommendation (November 14, 2018): Approval of the change of zoning from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District. Vote Results: For: 9 Opposed: 0 Absent: 0 Abstained: 0 Public Notification Number of Notices Mailed — 38 within 200 -foot notification area 5 outside notification area As of November 9, 2018: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 0 outside notification area Totaling 1.19% 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\1018-05 Habitat for Humanity\Council Documents\CC Report_1018-05 Habitat for Humanity.docx Staff Report Page 4 con a MESTINA ST SUBJECT PROPERTY COMANCFIE ST SL Feer CASE: 1018-05 ZONING & NOTICE AREA PSI PY-4 .2 ONON Pit -AT CN -1 D IS -2 CR -1 CR -f � -t 1-Y CI ceo CR -5 FR N r Bp E., Is"- en, 1L Ufiri1NOn01a1 N IMari krdV AIM PUD Flamod UM Mu O.., Ri40 ItiOIFFairy 10 R.0 1 w10-Fa1Fy an4 Ri4_d if Ad R. -TF Two •=e^i •'i Ri-1d i'ry; R$ - RV f6�E2[:': .=Park P IIN Ne ared none AA: c..../i' 0r.7`,.• mi., 09 haRr h O.a• 4 ma's r.C+112A0l1.4d on ►/ Owners or ce's.* 5. -Nr h «.p • n CULBERSON ST DIE c as tea: ,a;r s;z� 1a 1:98paf84 By: 1.1M aparmen, orDIY 010pfr6Pr5 RR' I"ds Q., f SUB C PRO TA -la JLOCATION MAPI CItyof Staff Report Page 5 Persons with disabilities planning to attend this meeting, who may require spec... services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades. que tienen la intencion de asistir a esta junta v que requieren servicios especiales. se es sutolica que den aviso 48 horas antes de fa junta Remand() al departamento de seN►cios 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 ala commission durance la junta v su Incl'es es limitedo. favor de Ilamar al departamento de senacies de desarrollo al nitrrero 13611 826-3240 al menos 48 l oras antes de la junta para solicitar vn interprete serlresen(e durante la junta, CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1018-05 Habitat for Humanity of Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a charge of zoning from the "IH" Heavy Industrial District to the "RS -4,5" Single -Family 4.5 District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 1902 Lipan Street and 0.104 acre tract being all of Lots 11, 12, the south 9.0 feet of Lots 13 and 14, Block 4, Brennan Addition and a 316 square feet tract out of Lots 13 and 14, Block 4 Brennan Addition, located on the north side of Lipan Street, east of North Port Avenue, and west of Coke 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, November 14, 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, by telephone call or by letter. Printed Name: GL /_S Ro s ,4 R ! t) Address: eo -5-- 041 d CitylStateG•p w is e R r_Nr1 b t'Ex4 ( ) IN FAVOR ( N OPPOSITION Phone: REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 18ZN1028 Property Owner ID: 14 C:t/Lu,ru Signatufe Case No 1018-05 Project Manager Andrew Dimas Email an drewd2Qcctexas.com Staff Report Page 6 Persons with disabilities planning to attend this meeting. who may require speaal services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, gue tienen la intencion de asi5tlr a este iunta v aue reauieren servicios especlales, se les supllca que den aviso 48 horas antes de la junta Ilamando al deoarlamento de servicios de desarrollo. al nurnero (3611826-3240. 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 diriairse a la commission durante la Junta v su Inples es hmitedo. favor de hamar al deoartamento de serv,clos de desarrollo al numero (381) 826-3240 al menos 48 horas antes de la junta oara solicitar Lin interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1018-05 Habitat for Humanity of Corpus Christi, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "IH" Heavy Industrial District to the "RS -4.5" Single -Family 4.5 District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 1902 Lipari Street and 0.104 acre tract being all of Lots 11, 12, the south 9.0 feet of Lots 13 and 14, Block 4, Brennan Addition and a 316 square feet tract out of Lots 13 and 14, Block 4 Brennan Addition, located on the north side of Lipan Street, east of North Port Avenue, and west of Coke Street. The Planning Commission may recommend to City Council approval or dental, 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 pubNc hearing for this rezoning request to discuss and formulate a recommendation to the City CouncN. The public hearing will be held on Wednesday, November 14, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 mm., 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 CHRIST], TEXAS 78489- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Cacnmlttslon By -Laws, no discussion shall be held by a member or members of this Commission with en applicant or appellant coneamMg an application or appeal, either at home or office, or In person, by telephone call or by letter. Printed Name: CS G ' (S /2o , A ►-o Address; agdd' 5 l?F,0T7't 197%, ! d"iC$ D/} !�/!� City/State: ( ) IN FAVOR ( IN OPPOSITION Phone'. REASON: SEE MAP ON REVERSE ME INFOR Case No.: 18ZN1028 Property Owner ID- 30 r Signature Case No.1013-05 Project Manager; Andrew Dimas Email a drewd2©cctexas corn Zoning Case #1018-05 Habitat for Humanity of Corpus Christi, Inc. Rezoning for a Property at 1902 Lipan Street City Council Presentation January 15, 2019 Aerial Overview L 4 L � � r a 2 Subject Property at 1902 Lipan Street Vicinity Map N /1. I • : 1.17‘ Lupus GOO • Sinn 5+,It : MC' Cenci& CIr (c) OperigZieetrylap and mit( ibutms , Creative Comgio&c.-Share Alice License 1I011Y-SAP 3 Zoning Pattern d 0 P@nnan atS@2 1' rfr. zr 010. %Be a co 0 W � Planning Commission and Staff Recommendation Approval of the "RS -4.5" Single -Family 4.5 District Public Notification 38 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Notification Area Opposed: 2 (1.19%) In Favor: 0 6 UDC Requirements w g L 't if&-: mom IF Ati.......„ _. Aim.= ; • , 4 jaia , j., :4 Mr Li ttAllikk,... - 'I ni 4,10 BRENJNAN]-ST SUBJECT PROPERTY LIPAfd ST t to W J Buffer Yards: N/A Setbacks: Street: 20 feet Side/Rear: 5 feet Parking: 2 per dwelling unit Uses Allowed: Single -Family Homes, Home Occupations, Group Homes. Utilities • Water: 8 -inch C900 Line • Wastewater: The closest available wastewater manhole is along Coke Street and has a depth of 9.5 feet. • Gas: 2 -inch Service Line • Storm Water: Inlets along Lipan Street. PLANNING COMMISSION FINAL REPORT Case No. 1118-01 INFOR No. 18ZN1029 Planning Commission Hearing Date: November 14, 2018 Applicant & Legal Description Owner: Kyle McGee Applicant: Vincent Gerard and Associates Location Address: 6402 Holly Road Legal Description: 0.02 acres out of Lot 1A, Tract 1, Candlewood Annex, located on the north side of Holly Road, east of Airline Road, and west of Woodbend Drive. Zoning Request From: "CG -2" General Commercial District To: "CG-2/SP" General Commercial District with a Special Permit Area: 0.02 acres Purpose of Request: To allow for the construction and operation of a 120' monopole wireless communications tower. Existing Zoning and Land Uses Existing Zoning District Existing Land Use _ Future Land Use Site "CG -2" General Commercial Vacant and Low Density Residential Low and High Density Residential North "RM -1" Multifamily 1 Medium Density Residential High Density Residential South "RM -3" Multifamily 3 Medium Density Residential High Density Residential East "CN -1" Neighborhood Commercial Commercial Commercial West CG -2" General Commercial Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for high density residential uses. The proposed rezoning to the "RS -4.5" Single -Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 042034 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 30 feet of street frontage via an existing driveway for an access easement along Holly Road which is designated as an "Al" Minor Arterial Street. According to the Urban Transportation Plan, "Al" Minor Arterial Streets can convey a capacity between 15,000 to 24,000 Average Daily Trips (ADT). Staff Report Page 2 15 a § Lp tii Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Holly Road "Al" Minor Arterial 95' ROW 64' paved 92' ROW 56' paved 8,561 ADT (2012) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG -2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit to allow for the construction and operation construction and operation of a 120' monopole wireless communications tower. Development Plan: The subject property is 0.02 acres in size. The owner is proposing a 120' monopole wireless communications tower. Existing Land Uses & Zoning: The subject property is currently zoned "CG -2" General Commercial District and consists of vacant land. The subject property was annexed in 1962 and has remained undeveloped. The subject property is completely surrounded by a larger tract zoned "CG -2" General Commercial District. To the north is a townhome complex (Townhomes at Twenty0l) zoned "RM -1" Multifamily 1 District. To the south is an apartment complex (Chandler's Mill) zoned "RM -3" Multifamily 3 District. To the east are commercial properties (Hearing Aid Company of Texas and Moody's Meat Market) zoned "CN -1" Neighborhood Commercial District. To the west is a commercial shopping center zoned "CG -2" General Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CG-2/SP" General Commercial District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC). Staff Report Page 3 Unified Development Code (UDC): Wireless Telecommunication facilities are subject to regulation as follows: • Wireless Telecommunication facilities are regulated by UDC Section 5.5. • Wireless Telecommunication facilities in excess of 85' are permitted in nonresidential zoning districts as indicated in UDC Table 5.5.4.F. with a Special Permit. • Wireless telecommunication facilities shall be set back a minimum of one and a half times the height of the tower from the public right -of- way of all federal and state highways and any arterial street. • Wireless telecommunication facilities adjacent to residential dwellings shall be a minimum of one and a half times the height of the tower from any residential dwelling. 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 proposed wireless telecommunication facility will increase capacity in an area where it is needed to prevent a degradation of services. • Construction of the wireless telecommunication facility will increase coverage in areas that are currently underserved. Planning Commission and Staff Recommendation (November 14, 2018): Approval of the change of zoning from the "CG -2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit with the following conditions: 1. Use: The only use permitted under this Special Permit, other than those permitted by right in the "CG -2" General Commercial District, is a wireless telecommunication facility of 120 -feet in height. 2. Access: Access and placement shall be as per the site plan setback. 3. Telecommunications Tower Standards: The wireless communication tower is subject to all requirements of Section 5.5 of the Unified Development Code (UDC). These standards pertain to setbacks, screening, landscaping, and lighting. 4. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 5. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Staff Report Page 4 Vote Results: For: 9 Opposed: 0 Absent: 0 Abstained: 0 Public Notification Number of Notices Mailed — 3 within 200 -foot notification area 5 outside notification area As of November 9, 2018: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 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. Proposed Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\1118-01 Kyle McGee\Council Documents\CC Report_1118-01 Kyle McGee.docx Staff Report Page 5 SUBJECT PROPERTY RS- S P/96-02 Da B�713;1,/myM Department of Dovelopmenr•Services CASE: 1118-01 ZONING & NOTICE AREA RM•1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Profess lanai OfRce RM -AT Multifamily AT CN -1 Neighborhood Commercial 811-2 CR -1 CR -2 CG -1 CG -2 CI CB0 CR -3 FR BP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light industrial IH Heavy Industrial PUD Planned llnit Day. Overlay RS -10 Single-Famlly10 RS -6 Single -Family 6 R04.5 Single -Family d5 RS -TF Two -Family R5-15 Single -Family 15 RE Rosldentlal Est0t3 RS-TH TOWnhauae SP Special Permit RV Recreational Vehicle Park RMR Manufactured Home S/MPrt0 Owners Vi MVOY 4 OwnerewMm200'lutedon Owners lfacfi daweerahiA rebR X in oppoaih'on LOCATION MAP Staff Report Page 6 F- i I .x�i fig ,e k = 11,41g i /l� \ \ !I 1111 e aa 4 iin . iii t x / _t t a$ 1F 7 44 2 F 1/:` QQ li XT r _; in J' 9 li ? N o ,,, 1 11461!1 v e ///' // 1114 / // / la / 0 f�f ir0- II: AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 15, 2019 Second Reading for the City Council Meeting of January 22, 2019 DATE: December 20, 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 6402 Holly Road CAPTION: Case No. 1118-01 Kyle McGee: Request for rezoning a property at or near 6402 Holly Road from the "CG -2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit. PURPOSE: The purpose of this item is to allow for the construction and operation of a 120' monopole wireless communications tower. RECOMMENDATION: Planning Commission and Staff Recommendation (November 14, 2018): Approval of the change of zoning from the "CG -2" General Commercial District to the "CG- 2/SP" General Commercial District with a Special Permit with conditions. Vote Results: For: 9 Opposed: 0 Absent: 0 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for high density residential uses. The proposed rezoning to the "RS - 4.5" Single -Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Filt. Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (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 Zoning Case #1118-01 Kyle McGee Rezoning for a Property at 6402 Holly Road City Council Presentation January 15, 2019 Aerial Overview Subject Property at 6402 Holly Road N At Vicinity Map ?x 357 • South Side FY 114.1 TX 359 (c) OpenStreethda04and contributors, Ct atiae Commons -Share Alike Ocense (CG -BY -SA) 3 Zoning Pattern CO 073 .A41 'OM • kpi.of n r. ,4 4, ! 1 R2-6 o© 20` 1 Planning Commission and Staff Recommendation Approval of the "CG-2/SP" General Commercial District with a Special Permit Special Permit Conditions 1. Use: The only use permitted under this Special Permit, other than those permitted by right in the "CG -2" General Commercial District, is a wireless telecommunication facility of 120 -feet in height. 2. Access: Access and placement shall be as per the site plan setback. 3. Telecommunications Tower Standards: The wireless communication tower is subject to all requirements of Section 5.5 of the Unified Development Code (UDC). These standards pertain to setbacks, screening, landscaping, and lighting. 4. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 5. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Public Notification 3 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 CG -2 RS_ SP/98.0 Oart CM." .3.0 4 p/98.0Z\ Prcp,raersy-Jeremy Depanmern Sex ea peneSSengc• Site Plan E=5P01 PORP PuC 11,P 0.q4m000 Er.P1NM15POMMElv y • k• CEO i-1p000i-0160 MEM. 112P) Evouw -2E/C0 /� \ 30' Nam EASEVEM 0001 nut) S' NP1E,x50' 0 ) E*50420 PUOPErtn EMUC ti Mw eEa MACE mP) 11G110� og 1 11501E0F1 2.051240 0.410.20 POPEP LP[ ECP.L�%� if`51 \ f /' ,1 / / P002121 EPKIL P MCLS[ 1240.2100, e- 202234 .00 AWKI q 0201024005 wG5 P0n1 OF KEPwL 00 a b-1EwY PMt. 000 S9 rt 020 ACRS, / / Le INC WL CPS fr,•) !' WE 410/ 6 / Let nn., °PP 141,1. I L3 80001 VASWhD M003 (4, LC8339N1000e .0020.0J10 LGSE 015.1 1202.200S, 40 01322. 0CI14 I3,0 01b 1 PPM, .1401.1 O IWO 1ERKt 120000w N1n POOrcS 443.404 PONES 10 130 ytGYOEp IIdMO MTN SRCO Net 414 7,00=4702' OVERALL SITE PLAN 101E SITE 6161 541E • 20 NOPM 011S WES 0101 Lllf . L 0 40 10 b' ��s/ErnEss • u14t/�PE03turFrt yp9�06ir. i.OstL�� i°E 244240.0 • BONN 444.4 ACCESS Set ▪ 1 OE 11EC6xK WO SALM 000EKN 110-30 60 11E ▪ ] AG[St PO 0E 11066x04 00' VSEMI81 0 SO n, 323( 901 ACRS! 0111000. PPOP0021 230 1040 30-.30 rnao 4aPo0w --PPOPCSEO 143013 0343 i0 COWL, MOH [0, RONRNMR 8 Case No. 1118-01 Kyle McGee: Ordinance rezoning property at or near 6402 Holly Road from the "CG -2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Kyle McGee ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, November 14, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "CG -2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit and on Tuesday, January 15, 2019, 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 Kyle McGee ("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 0.02 acres out of Lot 1A, Tract 1, Candlewood Annex, located on the north side of Holly Road, east of Airline Road, and west of Woodbend Drive (the "Property"), from "CG -2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit (Zoning Map No. 042034), as shown in Exhibits "A" and "B". Exhibit A, 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 Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Use: The only use permitted under this Special Permit, other than those permitted by right in the "CG -2" General Commercial District, is a wireless telecommunication facility of 120 -feet in height. 2. Access: Access and placement shall be as per the site plan setback. 3. Telecommunications Tower Standards: The wireless communication tower is subject to all requirements of Section 5.5 of the Unified Development Code (UDC). These standards pertain to setbacks, screening, landscaping, and lighting. 4. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 5. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\1118-01 Kyle McGee\Council Documents\Ordinance_1118-01 Kyle McGee.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 , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 5 Exhibit A 30' x 30' LEASE AREA (AS—SURVEYED) A portion of the Nyle McGee end Ise 0. N00ee trod os Tract 1 In Condre000d Annex described on Vosurre 34. Pope 36 as recorded in trop Records Office for Notices County. Tesoes situated in Catde.00d Mint in said Counts and being more par0cJerts desorbed as folio's. COMbENCING et e 5/6' mbar found marking the southwest aonerr of sold Trott 1 and on the Nmtey nghl—of—way In. of *idly Raarl. T enr e o 0 9 the Weet.Ay line of owe troct, N 2815'25 E e 6.tonce of 266.25 feet to a point; Thence Staring aid $Ngkry lino, S 61'4416" E a distance of 16098 feet I e set 5/8' neer one the POINT Cf ffptINC; Thence S 61'44'16' E o detente of 30,00 lest to d set 5/8" rotten; Thence 5 2515'44' M o distance of W00 feet to a set 5/8' mbar; Thence N 61'44't6" W o diatom* of 3103 feet too eel 5/8" robot; thertos N 2815'44" E o <Catena* e! 30.03 feel to the PONT D= IEONNPIG, Contain*, 900.00 square feet (0.02 orris) of end mate ar 1051. SURVEYOR'S CERTIFICATION osrt4y that all pole of this sen0y er4 drawing hens been completed In oxo•donce rite the Setbeythq In the Stet. of twos to She best of try xnorle tge, inbmrotien, one baser. cu.r-ent regeher.ente of the Sterdords of Practice for PROJECT NO. 18-10022 IM•IINlfOi1PA® ®IAinSDPt HAM SMW Engineering Group, 158 Business Center Drive BirnWigttam, Alabama 35244 Ph: 206.252-6985 www.smweng.com Inc TYPE OF SURVEY EXHIBIT REVISIONS 440. nEsciannom are CLIENT APC TOWERS 3000 AERIAL CENTER PARKWAY SUITE 110 M10RRISVILLE, NC 27560 L DATE: 10/30/18 DRAWN: CHKD: SCALE: JR AAI( . t "-50' Page 4 of 5 Exhibit B UNE HEARING DISTANCE U S 61.416' E -�QQ' L2 S 2r1.5•44' v �6� L3 N61.416' V MO 14 N 2815'4' E 30.00' CASSANDRA TX -1577 CANOLEWOOD ANNEX AVECE8COUNTY .-_XAS IRO CM15TR1000 APAR1MEMIS 1P PNCP:Ily 10: 20474t GEO 10 123? -0[04-0160 ri 30.} 3o• '74 Sj ROBERT0 AMO , RUEUNDA SNCIEZ PROPERTY D: 2001'2a2e1 0E0 1D 1237-0004-0220 P00 \ LEASE MEA REAR TOWER INFO 1AT11UDE: 2T41'29.850- MORIN LONOITUX. ST2116.212' WEST (NA63) GROUND ELEWIT101: ADM MEAN SEA LEVEL (NAVD88) r` yt(� �66' rR, l0OD0EN6 LLL PROPERTY ID. 20118492 9810-0001-0020 61.4'00- 16,, CELD RIPEN! PAALEL nELD ME VI000[ AND :ISA 0. MOOSE PROPERTY 10: 204739 0E0 ID: 12.57-0000-0010. DOCUMENT NUAISER 200a01tweet Loa N:IIES(a) TRACT 1 CANDLES/000 ANNU ,•EC o - 5/e' ROW? SET • . FOUND PROPERTY MANOR P05 - PORT OP ISSONAMAO PDD - PONT OF COMMENCEMENT (P3 - REFERENCED INFORMATION OR • AFASIMID / T�EN? REACIOARK CA • MIL 44 MICR P&() :LEY-,a.9a' CDNCRf7f 28' crAarowc.4re" AC� EaS�S��AMO [Muir rO-32 AC18CS± 114: L ] - NY UIlRY rA>JEUENr 22O9.ao SA PTA 0.0.5 ADAM • MOFTYAN PLAZA LLC PROPERTY IO: 371543 GEO ID- 9910-0001-0015 !,,r REAM 474, PROJECT NC. '8-10022 ENCINEEFCINCt 2A$AIP, OFOC. SHAW Engineering Group, Inc. 158 Business Center Dnve Birmingham, Alabama 35244 Pt1. 205-252-8985 vwvw.arnweng Gom TYPE OF SURVEY EXHIBIT REVISIONS I. DESCRIPTION J DATE CLIENT APC TOWERS 3000 AERIAL CENTER PARKWAY SUITE 110 ICORRISVILLE. NC 27560 DATE: I DRAWN: I CHKD: I SCALE: 10/30/18 JR MIC I 1"=50' Page 5 of 5 AGENDA MEMORANDUM Future item for the City Council meeting of January 15, 2019 Action Item for the City Council meeting of January 22, 2019 DATE: TO: December 17, 2018 Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2604 Interlocal agreement with Nueces County for grant funding CAPTION: Ordinance authorizing Interlocal Agreement with Nueces County for $146,671.59 reimbursement for MetroCom Dispatch Center Enhancements; appropriating $146,671.59 from General Fund unreserved fund balance. PURPOSE: Nueces County has received a grant award to assist MetroCom Dispatch Center through Homeland Security grant funding. BACKGROUND AND FINDINGS: The funding is for a Law Enforcement and Medical Priority Dispatch Project to aid Metrocom to provide standardized, timely accurate, detailed response to numerous incidents. It will enhance the potential of saving lives and increasing productivity by effectively expediting resources to our customers and preserving the safety and well-being of the citizens in our community and first responders. Additionally, will further dispatcher's ability to provide the critical components of safety and consistent service. It provides an important step towards accreditation with the International Academies of Emergency Dispatch for both Medical and Police Dispatch areas. The funding provides for the purchase of software licenses for dispatch and supported EOC functions, software cardsets/guides for dispatchers to utilize for training and operational use, and training on software to certify dispatchers in its use. The County will serve as the fiscal agent and will reimburse the City for allowable expenses. The time period for the grant is 10/1/2018 — 9/30/2019. County Commissioners Court will review the agreement on January 23, 2019. 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 Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $146,671.59 $146,671.59 BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends approving the interlocal agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Interlocal agreement with Nueces County Ordinance authorizing Interlocal Agreement with Nueces County for $146,671.59 reimbursement for MetroCom Dispatch Center Enhancements; appropriating $146,671.59 from General Fund unreserved fund balance 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 Interlocal Agreement with Nueces County for $146,671.59 reimbursement for MetroCom Dispatch Center Enhancements. Section 2. That $146,671.59 is appropriated from the General Fund unreserved fund balance for purchase MetroCom Dispatch Center Enhancements. Section 3. Upon reimbursement by the County, that $146,671.59 is appropriated to the General Fund unreserved fund balance. Page 1 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE COUNTY OF NUECES, TEXAS MetroCom Dispatch Center Enhancement Project This agreement is made and entered into this day of , 2019, by and between the City of Corpus Christi, acting by and through its governing body, the City Council ("CITY"), and the County of Nueces, acting by and through its governing body, the Commissioners Court ("COUNTY"), both of Nueces County, State of Texas, witness: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the COUNTY agrees to provide the CITY $146,671.59 in grant funds for MetroCom Dispatch Center Enhancements project; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to allocate the Grant funds for the Metrocom Dispatch Center Enhancement Project. Page 1 of 3 NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. COUNTY agrees to pay CITY $146,671.59 received from Homeland Security Grant Program for MetroCom Dispatch Center Enhancements on a reimbursement basis. City agrees to provide all necessary documentation and invoice to the County when requesting reimbursement. Section 2. CITY agrees to use the $146,671.59 received from COUNTY under this agreement for MetroCom Dispatch Center Enhancements in accordance to all terms, conditions, statutes, rules outlined in Grantor's packet, Exhibit A. City agrees to provide County all necessary data and documentation for reporting requirements. County reserves its right to audit the project to ensure compliance under the Grant requirements. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. Page 2 of 3 By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out in Exhibit A.. Further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF CORPUS CHRISTI COUNTY OF NUECES Samuel Keith Selman Barbara Canales Interim City Manager County Judge ATTEST: Rebecca Huerta City Secretary APPROVED AS TO FORM: Buck Brice Assistant City Attorney For City Attorney Kara Sands County Clerk Laura Garza Jimenez County Attorney Date Date Page 3 of 3 Office of the Governor 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 ofJustice, 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: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: 3588501 10/23/2018 10/01/2018 - 09/30/2019 12/29/2019 HS -Homeland Security Grant Program (HSGP) Nueces County MetroCom Dispatch Center Enhancements Dorothy Caston 078495025 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: 97.067 - Homeland Security Grant Program (HSGP) U.S. Department of Homeland Security, Federal Emergency Management Agency 8/17/2018 EM.W-2018-SS-00022-S01 $89,859,753.00 Texas Office of the Governor — Homeland Security Grants Division (HSGD) $146,67L59 $0.00 $0.00 $146,671.59 Office of the Governor Pass Thrill Entity Name: Is the Award R&D: Federal/State Award Description: No The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. Office of the Governor Public Safety Office Criminal Justice Division & Homeland Security Grants Division Grantee Standard Conditions and Responsibilities September 2018 Grantee Standard Conditions and Responsibilities Office of the Governor About This Document In this document, grantees (also referred to as subrecipients) will find state and federal requirements and conditions applicable to grant funds administered by the Office of the Governor (OOG). These requirements and conditions are incorporated into the Grant Agreement accepted by a grant's Authorized Official. These requirements are in addition to those that can be found on the eGrants system - including the Grant Application and Grant Award — or in documents identified there, to which grantees agreed when applying for and accepting the grant. Other state and federal requirements and conditions may apply to your grant, 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; 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; for federal funding, the Funding Announcement or Solicitation under which 006 was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice (DOJ), 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. OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the grantee. It is important for grantees to review all of these policies to successfully manage their grant, maintain eligibility for funding, and avoid violating the terms of the Grant Agreement, any of which could result in the revocation of funding or other actions. For clarification or further information, please see the Guide to Grants and other support materials at http://eGrants.Gov.Texas.Gov or contact the grant manager assigned to the relevant grant. If no grant manager has been assigned, please contact the eGrants help desk via email at: eGrants@gov.texas.gov, or via telephone at: (512) 463-1919 or dial 7-1-1 for relay services. Page 1 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor Table of Contents About This Document 1 1. Grant Agreement Requirements and Conditions 5 1.1 Applicability of Grant Agreement and Provisions 5 1.2 Legal Authority to Apply 5 1.3 Amendments and Changes to the Grant Agreement 5 1.4 General Responsibility 6 1.5 Terms and Conditions 6 1.6 Special Conditions 6 1.7 Public Information 6 1.8 Remedies for Non -Compliance 7 1.9 False Statements by Grantee 8 1.10 Conflict of Interest Safeguards 8 1.11 Fraud, Waste, and Abuse 9 1.12 Dispute Resolution 10 1.13 Funds Limited by Agreement and Subject to Availability 11 1.14 Termination of the Agreement 11 1.15 Communication with Grantee 12 1.16 Limitation of Liability 12 1.17 Liability for Taxes 12 1.18 Force Majeure 13 1.19 Debt to State 13 1.20 Grantee an Independent Contractor 13 1.21 No Assignment of Rights or Obligations 13 1.22 Funds Are for Sole Benefit of Grantee 13 1.23 Permission for Use of 006 Name and Labeling 14 1.24 Acknowledgement of Funding and Disclaimer 14 1.25 Royalty -Free License 14 1.26 Project Period 15 1.27 Project Commencement 15 1.28 Project Close Out 15 1.29 Federal Program Laws, Rules, and Guidelines 15 Poge 2 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor 1.30 Applicability of Part 200 Uniform Requirements for Department of Justice Awards 16 1.31 Required State Assurances 17 2 Organizational Eligibility 17 2.1 Good Standing for Eligible Grantees 17 2.2 System for Award Management (SAM) Requirements 18 2.3 Criminal History Reporting 18 2.4 Uniform Crime Reporting 18 2.5 Immigration Related Matters 18 2.6 E -Verify 19 2.7 Deceptive Trade Practices Violations 19 2.8 Hurricane Contract Violations 19 2.9 Terminated Contracts 20 2.10 Special Requirements for Units of Local Government 20 2.11 Special Requirements for Non -Profit Grantees 20 3 Civil Rights 21 3.1 Compliance with Civil Rights and Nondiscrimination Requirements 21 3.2 Limited English Proficiency 22 3.3 Equal Employment Opportunity Plan 23 4 Personnel 23 4.1 Overtime 23 4.2 Notification of Grant -Contingent Employees 23 5 Travel 24 5.1 Travel Policies 24 6 Contracts and Procurement 24 6.1 Procurement Practices and Policies 24 6.2 Subcontracting 24 6.3 Buy Texas 24 6.4 Contract Provisions Under Federal Awards 25 7 Equipment Requirements 25 7.1 Property Management and Inventory 25 7.2 Maintenance and Repair 26 7.3 Automated License Plate Readers 26 8 Information Technology 26 Page 3 j 36 Grantee Standard Conditions and Responsibilities Office of the Governor 8.1 Accessibility Requirements 26 8.2 Criminal Intelligence System Operating Procedures 27 8.3 Blocking Pornographic Material 27 9 Indirect Costs 27 9.1 Approved Indirect Cost Rate 27 9.2 De Minimis Rate 27 10 Audit and Records Requirements 28 10.1 Grantee Subject to Audits 28 10.2 Single Audit Requirements 28 10.3 Cooperation with Monitoring, Audits, and Records Requirements 28 10.4 Requirement to Address Audit Findings 30 10.5 Records Retention 31 11 Prohibited and Regulated Activities and Expenditures 32 11.1 Inherently Religious Activities 32 11.2 Political Activities 32 11.3 Generally Prohibited Expenditures 33 11.4 Acorn 33 12 Financial Requirements 33 12.1 Financial Status Reports 33 12.2 Approval of Financial Status Report 34 12.3 Reimbursements 34 12.4 Generally Accepted Accounting Principles 34 12.5 Program Income 35 12.6 Refunds and Deductions 35 12.7 Liquidation Period 35 12.8 Duplication of Funding 35 12.9 Supplanting 35 13 Required Reports 36 13.1 Measuring, Reporting, and Evaluating Performance 36 13.2 Report Formats, Submissions, and Timelines 36 13.3 Failure to File Required Reports 36 Poge 4 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor 1 Grant Agreement Requirements and Conditions 1.1 Applicability of Grant Agreement and Provisions The Grant Agreement is intended to be the full and complete expression of and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and all prior and contemporaneous understandings, agreements, promises, representations, terms and conditions, both oral and written, are superseded and replaced by this Grant Agreement. If any term or provision of this Grant Agreement is found to be invalid or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The invalid term or invalid provision shall be deemed severable and stricken from the Grant Agreement as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. Notwithstanding any expiration or termination of this Grant Agreement, the rights and obligations pertaining to the grant close-out, maximum liability of 006, cooperation and provision of additional information, return of grant funds, audit rights, records retention, public information, disclaimers and limitation of liability, indemnification, and any other provision implying survivability shall remain in effect after the expiration or termination of this Grant Agreement. 1.2 Legal Authority to Apply The grantee certifies that it possesses legal authority to apply for the grant. A resolution, motion or similar action has been or will be duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative, or their designee of the organization to act in connection with the application and to provide such additional information as may be required. State agencies are not required to adopt a resolution. 1.3 Amendments and Changes to the Grant Agreement 006 and the grantee may agree to make adjustments to the grant budget and detailed budget as documented in eGrants. Adjustments include, but are not limited to, modifying the scope of the grant project, adding funds to previously un -awarded cost items or categories, or changing funds in any awarded cost items or category or changing grant officials. 006, at its sole discretion, and upon written notice by OOG to the grantee of any proposed adjustment, and after the grantee has had an opportunity to respond to the proposed adjustment, may adjust the grantee's Budget, Grant Narrative, Special Conditions, and/or any other items as deemed appropriate by 006, at any time, during the term of this Grant Agreement. The grantee has no right or entitlement to reimbursement with grant funds. OOG and grantee agree that any act, action or representation by either Party, their agents or employees that purports to waive or alter the terms of the Grant Agreement or increase the maximum liability of 006 is void unless a written amendment to this Grant Agreement is first executed and documented in eGrants. The grantee agrees that nothing in this Grant Agreement will be interpreted to create an obligation or liability of O0G in excess of the "Maximum Liability of the 006" as set forth in the Statement of Grant Award (SOGA). Any alterations, additions, or deletions to the terms of this Grant Agreement must be documented in eGrants to be binding upon the Parties. Page 5 j 36 Grantee Standard Conditions and Responsibilities Office of the Governor 1.4 General Responsibility The grantee is responsible for the integrity of the fiscal and programmatic management of the grant project; accountability for all funds awarded; and compliance with OOG administrative rules, policies and procedures, and applicable federal and state laws and regulations. Grant funds may be used only for the purposes in the grantee's approved application. The recipient shall not undertake any work or activities that are not described in the grant application, and that use staff, equipment, or other goods or services paid for with grant funds, without prior written approval from OOG. The grantee will maintain an appropriate grant administration system to ensure that all terms, conditions and specifications of the grant are rnet. The Texas Uniform Grant Management Standards has more guidance on this topic. 13 Terms and Conditions The grantee will comply with the terms and conditions as set forth and required in the funding announcement under which the approved application was submitted, the application, and award in eGrants. Notwithstanding the imposition of corrective actions, financial hold, and/or sanctions, the grantee remains responsible for complying with these 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 the grant agreement. The failure of OOG to insist upon strict performance of ally of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of OOG'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 grant agreement 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 grant agreement. To the extent the terms and conditions of this grant agreement 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 grant agreement and in all cases, according to its fair meaning. The parties acknowledge that each party and its counsel have reviewed this grant agreement and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this grant agreement. Any vague, ambiguous or conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the grant agreement. 1.6 Special Conditions Special Conditions may be imposed by OOG, at its sole discretion and at any time, without amending this Grant Agreement. Failure by OOG to provide notice does not absolve grantee of compliance with any special conditions. OOG may place grantee on immediate financial hold, without further notice, until all Special Conditions, if any, are met. 1.7 Public Information Notwithstanding any provisions of this Grant Agreement to the contrary, the grantee acknowledges that the State of Texas, OOG, and this Grant Agreement are subject to the Texas Public Information Act, Pcige 6 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor Texas Government Code Chapter 552 (the "PIA"). The grantee acknowledges that OOG will comply with the PIA, as interpreted by judicial opinions and opinions of the Attorney General of the State ofTexas. The grantee acknowledges that information created or exchanged in connection with this Grant Agreement, including all reimbursement documentation submitted to OOG, is subject to the PIA, whether created or produced by the grantee or any third party, and the grantee agrees that information not otherwise excepted from disclosure under the PIA, will be available in a format that is accessible by the public at no additional charge to OOG or State of Texas. The grantee will cooperate with 006 in the production of documents or information responsive to a request for information. Information provided by or on behalf of the grantee under, pursuant to, or in connection with this Grant Agreement that the grantee considers proprietary, financial, trade secret, or otherwise confidential information (collectively "Confidential Information") shall be designated as such when it is provided to 006 or State of Texas or any other entity in accordance with this Grant Agreement. Merely making a blanket claim that the all documents are protected from disclosure because they may contain some proprietary or confidential information may not render the whole of the information confidential. Any information which is not clearly identified as proprietary or confidential is subject to release in accordance with the Act. 006 agrees to notify the grantee in writing within a reasonable time from receipt of a request for information covering the grantee's Confidential Information. 006 will make a determination whether to submit a Public Information Act request to the Attorney General. The grantee agrees to maintain the confidentiality of information received from OOG or State of Texas during the performance of this Grant Agreement, including information which discloses confidential personal information particularly, but not limited to, personally identifying information, personal financial information and social security numbers. The grantee must immediately notify and provide a copy to OOG of any Public Information Request or other third -party request for the disclosure of information it receives related to this Grant award. 1.8 Remedies for Non -Compliance If 006 determines that the grantee materially fails to comply with any term of this grant agreement, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or any other applicable requirement, 006, in its sole discretion and consistent with any applicable 006 Administrative Rules, may take actions including: 1. Temporarily withholding cash payments pending correction of the deficiency or more severe enforcement action byOOG; 2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in compliance; 3. Disallowing claims for reimbursement; 4. Wholly or partially suspending or terminating thisgrant; 5. Requiring return or offset of previous reimbursements; 6. Prohibiting the grantee from applying for or receiving additional funds for other grant programs administered by 006 until repayment to 006 is made and any other compliance or audit finding is satisfactorily resolved; 7. Reducing the grant award maximum liability of 00G; Page 71 36 Grantee Standard Conditions and Responsibilities Office of the Governor 8. Terminating this Grant Agreement; 9. Imposing a corrective action plan; 10. Withholding further awards; or 11. Taking other remedies or appropriate actions. The grantee costs resulting from obligations incurred during a suspension or after termination of this grant are not allowable unless OOG expressly authorizes them in the notice of suspension or termination or subsequently. OOG, at its sole discretion, may impose sanctions without first requiring a corrective action plan. 1.9 False Statements by Grantee By acceptance of this grant agreement, the grantee makes all the statements, representations, warranties, guarantees, certifications and affirmations included in this grant agreement. If applicable, the grantee will comply with the requirements of 31 USC § 3729, which set forth that no grantee of federal payments shall submit a false claim for payment. If any of the statements, representations, certifications, affirmations, warranties, or guarantees are false or if the grantee signs or executes the grant agreement with a false statement or it is subsequently determined that the grantee has violated any of the statements, representations, warranties, guarantees, certifications or affirmations included in this grant agreement, then OOG may consider this act a possible default under this grant agreement and may terminate or void this grant agreement for cause and pursue other remedies available to OOG under this grant agreement and applicable law. False statements or claims made in connection with OOG grants may result in fines, imprisonment, and debarment from participating in federal grants or contract, and/or other remedy available by law, potentially including the provisions of 38 USC §§ 3801-3812, which details the administrative remedies for false claims and statements made. 1.10 Conflict of Interest Safeguards The 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, whether for themselves or others, particularly those with whom they have family, business, or other ties. The grantee will operate with complete independence and objectivity without actual, potential, or apparent conflict of interest with respect to its performance under this Grant Agreement. The grantee must disclose, in writing, within fifteen (15) calendar days of discovery, any existing, actual or potential conflicts of interest relative to its performance under this Grant Agreement. The grantee is and shall remain in compliance during the term of this Grant Agreement with Texas Government Code, Section 669.003, Contracting with Executive Head of State Agency; and Section 572, Employment of Former State Officer or Employee of State Agency. The grantee certifies that it is not ineligible to receive this Grant Agreement under Texas Government Code, section 2155.004, regarding the financial participation by a person who received compensation from OOG or another state agency to participate in preparing the specifications or request for proposals on which the bid or contract is based, and acknowledges that this Grant Agreement may be terminated and payment withheld if this certification is inaccurate. The grantee has not given or offered to give, nor does the grantee intend to give at any time hereafter, Page 81 36 Grantee Standard Conditions and Responsibilities Office of the Governor any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of OOG, at any time during the award of this grant or in connection with this Grant Agreement, except as allowed under relevant state or federal law. The grantee nor its personnel or entities employed in rendering services under this grant agreement have, nor shall they knowingly acquire, any interest that would be adverse to or conflict in any manner with the performance of the grantee's obligations under this grant agreement. 1.11 Fraud, Waste, and Abuse A. The grantee understands that OOG does not tolerate any type of fraud, waste, or misuse of funds received from OOG. OOG's policy is to promote consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, OOG policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. The grantee understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal and state grants, recoupment of monies provided under an award, and civil and/or criminal penalties. In the event grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds received from OOG that is made against the grantee, the grantee is required to immediately notify OOG of said allegation or finding and to continue to inform OOG of the status of any such on- going investigations. The grantee must also promptly refer to OOG any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has -- (1) submitted a claim for award funds 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 involving award funds. Grantees must also immediately notify OOG in writing of any misappropriation of funds, fraud, theft, embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant requirements. Grantees must notify the local prosecutor's office of any possible criminal violations. Grantees must immediately notify OOG in writing if a project or project personnel become involved in any litigation, whether civil or criminal, and the grantee must immediately forward a copy of any demand, notices, subpoenas, lawsuits, or indictments to OOG. If a federal or state court or administrative agency renders a judgement or order finding discrimination by a grantee based on race, color, national origin, sex, age, or handicap, the grantee agrees to immediately forward a copy of the judgement or order to OOG. The grantee is expected to report any possible fraudulent or dishonest acts, waste, or abuse to OOG's Fraud Coordinator or Ethics Advisor at (512) 463-1788 or in writing to: Ethics Advisor, Office of the Governor, P.O. Box 12428, Austin, Texas 78711. B. Restrictions and certifications regarding non -disclosure agreements and related matters. No grantee or 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 state or 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 Page 9 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor 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 OOG, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that federal agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants") or procurement contracts, or both: a. It represents that: i. 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 ii. 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 subgrantee, 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 OOG, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by OOG. These provisions apply to all grantees and subgrantees or subcontractors. 1.12 Dispute Resolution The Parties' representatives will meet as needed to implement the terms of this Grant Agreement and will make a good faith attempt to informally resolve any disputes. Notwithstanding any other provision of this Grant Agreement to the contrary, unless otherwise requested or approved in writing by OOG, the grantee shall continue performance and shall not be excused from performance during the period any breach of Grant Agreement claim or dispute is pending. The laws of the State of Texas govern this Grant Agreement and all disputes arising out of or relating to this Grant Agreement, without regard to any otherwise applicable conflict of law rules or requirements. Page 10136 Grantee Standard Conditions and Responsibilities Office of the Governor Venue for any grantee -initiated action, suit, litigation or other proceeding arising out of or in any way relating to this Grant Agreement shall be commenced exclusively in the Travis County District Court or the United States District Court, Western District of Texas - Austin Division. Venue for any OOG-initiated action, suit, litigation or other proceeding arising out of or in any way relating to this Grant Agreement may be commenced in a Texas state district court or a United States District Court selected by 006 in its sole discretion. The grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts referenced above for the purpose of prosecuting and/or defending such litigation. The grantee hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that the 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. 1.13 Funds limited by Agreement and Subject to Availability The grantee agrees that nothing in this grant will be interpreted to create an obligation or liability of OOG in excess of the funds delineated in this grant. The grantee agrees that funding for this grant is subject to the actual receipt by 006 of grant funds (state and/or federal) appropriated to 006 for the grant program. The grantee agrees that the grant funds, if any, received from 006 may be limited by the term of each state biennium and by specific appropriation authority to and the spending authority of 006 for the purpose of this grant. The grantee agrees that notwithstanding any other provision of this grant, if OOG is not appropriated the funds or if OOG does not receive the appropriated funds for this grant program, or if the funds appropriated to OOG for this grant program are required to be reallocated to fund other federal or state programs or purposes, 006 is not liable to pay the grantee the maximum liability amount specified in the SOGA or any other remaining balance of unpaid funds. If OOG or the program fund becomes subject to legislative change, revocation of statutory authority, lack of appropriated funds, or unavailability of funds which would render performance under this grant agreement impossible, this grant agreement may be immediately terminated without recourse, liability, or penalty against 006 upon written notice to grantee. 1.14 Termination of the Agreement 006 may, at its sole discretion, terminate this Grant Agreement, without recourse, liability or penalty against 006, upon written notice to grantee. In the event grantee fails to perform or comply with an obligation or a term, condition or provision of this Grant Agreement, OOG may, upon written notice to grantee, terminate this agreement for cause, without further notice or opportunity to cure. Such notification of Termination for Cause will state the effective date of such termination, and if no effective date is specified, the effective date will be the date of the notification. OOG and grantee may mutually agree to terminate this Grant Agreement. 006 in its sole discretion will determine if, as part of the agreed termination, grantee is required to return any or all of the disbursed grant funds. 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 Grant Agreement. Following termination by 006, grantee shall continue to be obligated to 006 for the return of grant funds in accordance with applicable provisions of this Grant Agreement. In the event of termination under this Section, OOG's obligation to reimburse grantee is limited to allowable costs incurred and paid by the grantee prior to the effective date of Page 11 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor termination, and any allowable costs determined by OOG in its sole discretion to be reasonable and necessary to cost-effectively wind up the grant. Termination of this Grant Agreement for any reason or expiration of this Grant Agreement shall not release the Parties from any liability or obligation set forth in this Grant Agreement that is expressly stated to survive any such termination orexpiration. 1.15 Communication with Grantee Notice may be given to the grantee via eGrants, email, hand -delivery, or United States Mail. Notices to the grantee will be sent to the name and address supplied by grantee in eGrants. 1.16 Limitation of Liability To the extent allowed by law, the grantee agrees to indemnify and hold harmless OOG, the State of Texas and its employees, agents, officers, representatives, contractors, and/or designees from any and all liability, actions, claims, demands or suits whatsoever, including any litigation costs, attorneys' fees, and expenses, relating to tax liability, unemployment insurance and/or workers' compensation in grantee's performance under this grant agreement. The grantee shall be liable to pay all costs of defense including attorneys' fees. The defense shall be coordinated by grantee with 006 and the Office of the Attorney General when OOG, the State of Texas or its employees, agents, officers, representatives, contractors and/or designees are named defendants in any lawsuit and grantee may not agree to any settlement without first obtaining the concurrence from 006 and the Office of the Attorney General. The grantee and 006 agree to furnish timely written notice to each other of any such claims. The grantee further agrees to indemnify and hold harmless, to the extent allowed by law, the 006, the State of Texas and its employees, agents, officers, representatives, contractors, and/or designees from any and all liability, actions, claims, demands, or suits, whatsoever, including any litigation costs, attorneys' fees, and expenses, that arise from any acts or omissions of grantee or any of its officers, employees, agents, contractors, and assignees, relating to this grant agreement regardless of whether the act or omission is related to this grant agreement. The defense shall be coordinated by grantee, 006 and the Office of the Attorney General when OOG, the State of Texas or its employees, agents, officers, representatives, contractors and/or designees are named defendants in any lawsuit and grantee may not agree to any settlement without first obtaining the concurrence from OOG and the Office of the Attorney General. The grantee and 006 agree to furnish timely written notice to each other of any such claims. The grantee agrees that no provision of this Grant Agreement is in any way intended to constitute a waiver by 006, its officers, employees, agents, or contractors or the State of Texas of any privileges, rights, defenses, remedies, or immunities from suit and liability that OOG or the State of Texas may have by operation of law. 1.17 Liability for Taxes The grantee agrees and acknowledges that grantee shall be entirely responsible for the liability and payment of grantee's and grantee's employees' taxes of whatever kind, arising out of the performances in this Grant Agreement. The grantee agrees to comply with all state and federal laws applicable to any such persons, including laws regarding wages, taxes, insurance, and workers' compensation. 006 and/or the State of Texas shall not be liable to the grantee, its employees, agents, or others for the payment of taxes or the provision of unemployment insurance and/or workers' compensation or any Page 12 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor benefit available to a state employee or employee of OOG. 1.18 Force Majeure Neither the grantee nor OOG shall be required to perform any obligation under this Grant Agreement or be liable or responsible for any Toss or damage resulting from its failure to perform so long as performance is delayed by force majeure or acts of God, including but not limited to strikes, lockouts or labor shortages, embargo, riot, war, revolution, terrorism, rebellion, insurrection, flood, natural disaster, or interruption of utilities from external causes. Each Party must inform the other in writing, with proof of receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right as a defense. 1.19 Debt to State The grantee agrees, to the extent grantee owes any debt (child support or other obligation) or delinquent taxes to the State of Texas, any payments grantee is owed under this Grant Agreement may be applied by the Comptroller of Public Accounts toward any such debt or delinquent taxes until such debt or delinquent taxes are paid in full. 1.20 Grantee an Independent Contractor The 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 employee, agent, servant, joint venturer, joint enterpriser or partner of OOG or the State of Texas. The grantee is not a "governmental body" solely by virtue of this Grant Agreement or receipt of grant funds under this Grant Agreement. All persons furnished, used, retained, or hired by or on behalf of the grantee or any of the grantee's contractors shall be considered to be solely the employees or agents of the grantee or the grantee's contractors. The 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. The grantee agrees to take such steps as may be necessary to ensure that each contractor of the 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 OOG or the State of Texas. The grantee is responsible for all types of claims whatsoever due to actions or performance under this Grant Agreement, 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. 1.21 No Assignment of Rights or Obligations The grantee may not assign this Grant Agreement or any of its rights or obligations under this Grant Agreement to any third party or entity. Any attempted assignment without OOG's prior written consent is void and may result in the termination of this Grant Agreement. 1.22 Funds Are for Sole Benefit of Grantee It is expressly agreed that any solicitation for or receipt of funds of any type by the grantee is for the Page 13 136 Grantee Standard Conditions and Responsibilities Office of the Governor sole benefit of the grantee and is not a solicitation for or receipt of funds on behalf of OOG or the Governor of the State of Texas. 1.23 Permission for Use of OOG Name and Labeling Other than the required statements listed in this document, grantee shall not use OOG's name or refer to OOG directly or indirectly in any media release, public service announcement, or public service disclosure relating to this Grant Agreement or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from OOG. This Section is not intended to and does not limit the grantee's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. This Section is not intended to and does not limit OOG's duties and obligations to report this Grant Agreement, any grant payments made under this Grant Agreement, any contract compliance or performance information or other state or federal reporting requirements applicable to OOG. 1.24 Acknowledgement of Funding and Disclaimer All publications, including websites, produced in full or in part with grant funds awarded by OOG must include an acknowledgement of the funding and a disclaimer of non -endorsement by the funding agency. In general, no publication may convey OOG's or any federal funding agency's (i.e. DOJ or FEMA) official recognition or endorsement of the recipient's project simply based on having received funding. For websites, the acknowledgement should be present somewhere on all major entry pages. Acknowledgement language for grants made through state fund sources is below and language for grants made through specific federal fund sources is included within the fund specific conditions memo. For any state grant program: "This [website/report/study/project/etc.] is funded [insert "in part", if applicable] through a grant from the Public Safety Office of the Texas Office of the Governor. Neither the Office of the Governor nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." 1.25 Royalty -Free License Pursuant to 2 CFR 200.315(b), the grantee may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this award. OOG (and the federal funding agency, if the work is funded with a federal grant) 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 state (or Federal) purposes: A. Any work subject to copyright developed under an award or subaward; and B. Any rights of copyright to which a grantee or subgrantee or subcontractor purchases ownership with state (or Federal) support. The recipient acknowledges that OOG (and the federal funding agency) have the right to: A. Obtain, reproduce, publish, or otherwise use the data first produced under an award or subaward; and B. Authorize others to receive, reproduce, publish or otherwise use such data for state (or federal) purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision Page 14 j 36 Grantee Standard Conditions and Responsibilities Office of the Governor 52.22714 (Rights in Data -general). It is the responsibility of the grantee (and of each subgrantee or subcontractor if applicable) to ensure that this condition is included in any subaward under this award. The grantee has the responsibility to obtain from subgrantees, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subgrantee contractor, or subcontractor refuses to accept terms affording the Government such rights, the grantee shall promptly bring such refusal to the attention of the OOG program manager for the award and not proceed with the agreement in question without further authorization from OOG. 1.26 Project Period The performance period for this Grant is listed on the Statement of Grant Award. All goods must be obligated and all services must be received within the performance period. OOG will not be obligated to reimburse expenses incurred after the performance period. 1.27 Project Commencement The grantees must take reasonable steps to commence project activities upon receiving notice of a grant award: • Commencement within 60 days. If a project is not operational within 60 days of the original start date of the award period or grant award date as noted on this memorandum, whichever is later, the grantee must report by letter to OOG the steps taken to initiate the project, the reasons for the delay, and the expected revised start date. • Commencement within 90 days. If a project is not operational within 90 days of the original start date of the award period or grant award date as noted on this memorandum, whichever is later, the grantee must submit a second statement to OOG explaining the implementation delay. Upon receipt of the 90 -day letter, OOG may cancel the project and redistribute the funds to other project areas. OOG may also, where extenuating circumstances warrant, extend the implementation date of the project past the 90 -day period. 1.28 Project Close Out OOG will close-out the grant award when it determines that all applicable administrative actions and all required work of the Grant have been completed by the grantee. The grantee must submit all financial, performance, and other reports as required by the terms and conditions of the grant award. Submission of the final Financial Status Report will initiate grant close out with OOG. The grantee must promptly refund any balances of unobligated cash that 00G paid in advance or paid and that are not authorized to be retained by the grantee for use in other projects. 1.29 Federal Program Laws, Rules, and Guidelines The grantee must comply with applicable provisions of federal and state law and regulations, terms and conditions applicable to the federal awards providing funding for the grant award, and any applicable program guidelines, which may include: Page 15 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor A. Office of Juvenile Justice and Delinquency Prevention (OJJDP) Formula Grants Program requirements as outlined in the Juvenile Justice and Delinquency Prevention Act of 2002, the applicable guidelines, the OJJDP Certified Assurances, and the most recent OJJDP Formula Grants Consolidated Regulation (28 CFR Part 31), to the extent that those regulations are not in conflict with the grant agreement; B. The Omnibus Crime Control and Safe Streets Act of 1968 (as amended - 42 U.S.0 3711 etseq.); C. Victims of Crime Act (VOCA) program guidelines, including VOCA Final Program Guidelines FY 1997 Victim Assistance Program or those finalized in 2015 and included in 28 CFR 94, depending on applicability and the federal award under which the grant was made; D. Violence Against Women Act (VAWA) relevant statutory and regulatory requirements, including the Violence Against Women Act of 1994 (P.L., 103-322), the Violence Against Women Act of 2000 (P.L. 106-336), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109-162), the Violence Against Women Reauthorization Act of 2013 (P.L. 113- 4), the Office on Violence Against Women's (OVW) implementing regulations at 28 CFR Part 90, OVW's general terms and conditions available at http://www.justice.gov/ovw/grantees (these do not supersede any specific conditions in the grant agreement), and the financial and administrative requirements set forth in the current edition of the Office on Violence Against Women (OVW) Financial Grants Management Guide; E. The provisions of the current edition of the Department of Justice Grants Financial Guide; F. If the grantee uses grant funds to undertake research involving human subjects, the grantee may be subject to Department of Justice (DOJ) Office of Justice (OJP) policies and requirements adopted by OOG related to human subjects found in 28 CFR Part 46; G. Section 2002 of the Homeland Security Act of 2002, as amended (P.L. 107-296) (6 U.S.C. § 603); H. If grantee receives a grant award in excess of $150,000, it will comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Any subgrants or contracts made by the grantee in excess of $150,000 must contain this provision. 1. All other applicable Federal laws, orders, circulars, orregulations. 1.30 Applicability of Part 200 Uniform Requirements for Department of Justice Awards The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 CFR Part 2800 (the "Part 200 Uniform Requirements") apply to any grants funded through Department of Justice awards made after their adoption by DOJ on December 26, 2014. They supersede, among other things, the provisions of 28 CFR Parts 66 and 70, as well as those of 2 CFR Parts 215, 220, 225, and 230. If any grant is funded through an earlier Department of Justice award supplemented by an award made after December 26, 2014, the Part 200 Uniform Requirements apply with respect to al! award funds (whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of the supplemental award. Potential availability of grace period for procurement standards: Under the Part 200 Uniform Requirements, a time-limited grace period may be available under certain circumstances to allow for Page 16 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor transition from policies and procedures that complied with previous standards for procurements under federal awards to policies and procedures that comply with the new standards (that is, to those at 2 CFR 200.317 through 200.326). For more information on the Part 200 Uniform Requirements, including information regarding the potentially -available grace period described above, see the Office of Justice Programs (OJP) website at http:Thip.gov/funding/Part200U niformRequirements.htm. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 1.31 Required State Assurances The grantee must comply with the applicable State Assurances included within the State Uniform Grant Management Standards (UGMS), Section 111, Subpart B, _.14 which are incorporated here by reference in the award terms and conditions. 2 Organizational Eligibility 2.1 Good Standing for Eligible Grantees A. The grantee is in good standing under the laws of the State in which it was formed or organized, and has provided OOG with any requested or required documentation to support this certification. B. The grantee agrees to remain in good standing with any state or federal governmental bodies related to the grantee's right to conduct its business in Texas, including but not limited to the Texas Secretary of State and the Texas Comptroller of Public Accounts, as applicable. C. The grantee owes no delinquent taxes to any taxing unit of this State as of the effective date of this Grant Agreement. D. The grantee is non -delinquent in its repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF -424B, item number 17 for additional information and guidance. E. The grantee has or will obtain all licenses, certifications, permits, and authorizations necessary to perform its obligations under this Grant Agreement, without costs toOOG. F. The grantee is currently in good standing with all licensing, permitting or regulatory bodies that regulate any or all aspects of grantee's business or operations. G. The grantee agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state or federal laws. H. The grantee shall comply with any applicable federal, state, county, local and municipal laws, ordinances, resolutions, codes, decisions, orders, rules, and regulations, in connection with its obligations under this Grant Agreement. I. The grantee does not have any existing claims against or unresolved audit exceptions with the State of Texas or any agency of the State of Texas. Page 171 36 Grantee Standard Conditions and Responsibilities Office of the Governor 2.2 System for Award Management (SAM) Requirements A. The grantee agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government -wide system officially designated by OMB and, if applicable, the federal funding agency). These requirements include maintaining current registrations and the currency of the information in SAM. The grantee will review and update information at least annually until submission of the final financial report required under the award or receipt of final payment, whichever is later, as required by 2 CFR Part 25. B. Applicable to this Grant Agreement is the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001, and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's System for Award Management (SAM), https://www.sam.Rov, which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. C. The grantee will comply with Executive Orders 12549 and 12689 that requires "a contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM)", in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority. The grantee certifies it will verify each vendor's status to ensure the vendor is not debarred, suspended, otherwise excluded or declared ineligible by checking the SAM before doing/renewing business with that vendor. D. The grantee certifies that it and its principals are eligible to participate in this Grant Agreement and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and the grantee is in compliance with the State of Texas statutes and rules relating to procurement and that the grantee is not listed on the federal government's terrorism watch list as described in Executive Order13224. 2.3 Criminal History Reporting Counties or other governmental entities required to maintain and report criminal history records per the Texas Code of Criminal Procedure, Ch. 60, must maintain compliance with that statute in order to obtain or maintain eligibility for OOG grant funds. 2.4 Uniform Crime Reporting Local units of governments receiving funds from OOG must comply with all requirements for uniform crime reporting and must ensure that prompt reporting will remain current throughout the grant period. 2.5 Immigration Related Matters Compliance with 8 USC §§ 1373 & 1644 -- In order to foster state and local cooperation in the enforcement of our nation's immigration laws, federal law provides that a government entity or Page 18 36 Grantee Standard Conditions and Responsibilities Office of the Governor official may NOT prohibit or otherwise restrict any government entity or official from exchanging information with federal immigration authorities about the immigration or citizenship status of any individual. Furthermore, no individual or entity may prohibit or otherwise restrict a government entity from: (1) sending or receiving citizenship or immigration related information to and from federal immigration authorities; (2) maintaining the information; or (3) exchanging the information with any other federal, state, or local government entity. Any grant applicant or recipient that has policies or practices (written or unwritten) that contravene the restrictions outlined above is not eligible for a grant that is awarded by or through the Office of the Governor. 2.6 E -Verify A. The grantee shall comply with the requirements of the Immigration Reform and Control Acts of 1986 and 1990 ("IRCA") regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services in the United States of America under this Grant Agreement, if any, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") enacted on September 30,1996. B. The grantee certifies and ensures that it utilizes and will continue to utilize, for the term of this Grant Agreement, the U.S. Department of Homeland Security's E -Verify system to determine the eligibility of: 1. All persons employed to perform duties within Texas, during the term of the Grant; and 2. All persons employed or assigned by the grantee to perform work pursuant to the Grant Agreement, within the United States of America. If this certification is falsely made, the Grant Agreement may beterminated. C. If applicable, grantee will comply with Executive Order RP -80 regarding the U.S. Department of Homeland Security's E -Verify system. 2.7 Deceptive Trade Practices Violations The grantee represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that the grantee has not been found to be liable for such practices in such proceedings. The grantee certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit, and that such officers have not been found to be liable for such practices in such proceedings. The grantee shall notify OOG in writing within five (5) calendar days if grantee or any of its officers are subject to allegations of Deceptive Trade Practices or are the subject of alleged violations of any unfair business practices in an administrative hearing or court suit, and that the grantee or officers have been found to be liable for such practices in such proceedings. 2.8 Hurricane Contract Violations Texas law prohibits OOG from awarding a contract to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief Page 19 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under section 2155.006 of the Texas Government Code, the grantee is not ineligible from entering into this Grant Agreement and acknowledges that this Grant Agreement may be terminated and payment withheld or return of grant funds required if this certification is inaccurate orfalse. 2.9 Terminated Contracts The grantee has not had a contract terminated or been denied the renewal of any contract for non- compliance with policies or regulations of any state or federally funded program within the past five (5) years nor is it currently prohibited from contracting with a governmental agency. If the grantee does have such a terminated contract, the grantee shall identify the contract and provide an explanation for the termination. The grantee acknowledges that this Grant Agreement may be terminated and payment withheld or return of grant funds required if this certification is inaccurate or false. 2.10 Special Requirements for Units of Local Government Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: A. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees; B. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the candidacy of any person for office, influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose, and using grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using grant funds to pay dues to an organization with a registered lobbyist; C. Texas Government Code, Sections 2113.012 and 2113.101, which prohibits using grant funds to compensate any employee who uses alcoholic beverages on active duty and grantee may not use grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; ID. Texas General. Appropriations Act, Art. IX, Section 6.13, which requires grantee to make every effort to attain key performance target levels associated with this Grant, including performance milestones, milestone time frames, and related performance reporting requirements; and E. General Appropriations Act, Ar. IX, Sections 7.01 and 7.02, and Texas Government Code § 2102.0091, which requires that this Grant may only be expended if grantee timely completes and files its reports. 2.11 Special Requirements for Non -Profit Grantees Each non-profit corporation receiving funds from OOG must obtain and have on file a blanket fidelity bond that indemnifies OOG against the loss or theft of the entire amount of grant funds, including matching funds. The fidelity bond should cover at least the OOG grant period. By accepting funds under this award, any non-profit grantee certifies and affirmatively asserts that it is Page 20 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor a non-profit organization and that it keeps on file, and is available upon audit, either: A. A copy of the recipient's 501(c)(3) designation letter; B. A letter from the State of Texas stating that the recipient is a non-profit organization operating within Texas; or C. A copy of the grantee's Texas certificate of incorporation that substantiates its non-profitstatus. Grantees that are local non-profit affiliates of state or national non -profits should have available proof of (1), (2), or (3), and a statement by the state or national parent organization that the recipient is a local non-profit affiliate. Non-profit recipients of Victims of Crime Act (VOCA) funding that are not a 501(c)(3) organization finally certified by the Internal Revenue Service must make their financial statements available online. Non-profit recipients of funds provided under the Juvenile Justice and Delinquency Prevention Act must have 501(c)(3) status recognized by the Internal Revenue Service. Church, mosque, and synagogue recipients of Nonprofit Security Grant Program funding are not required to apply for and receive a recognition of exemption under section 501(c)(3). Such organizations are automatically exempt if they meet the requirements of section 501(c)(3). 3 Civil Rights 3.1 Compliance with Civil Rights and Nondiscrimination Requirements A. The grantee will comply with all State and Federal statutes relating to civil rights and nondiscrimination and ensure, in accordance with federal civil rights laws, that the grantee shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. B. The grantee will comply, and all its contractors and subgrantees will comply, with all federal statutes and rules relating to civil rights and nondiscrimination. These include but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; 2. Title IX of the Education Amendments of 1972, as amended (20 USC §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis ofsex; 3. Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990 (42 USC § 12131-34); 4. The Age Discrimination Act of 1974, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on Page 21 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor the basis of alcohol abuse or alcoholism; 7. Sections §§ 523 and 527 of the Public Health Service Act of 1912 (42 USC 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8. Title VIII of the Civil Rights Act of 1968 (42 USC § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9. Any other nondiscrimination provisions in the specific statute(s) or the state or federal solicitation or funding announcement under which application for grant funds is being made, including but not limited to: i. Section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (codified at 34 U.S.C. 10228(c); see also 34 U.S.C. 11182(b)), ii. Section 1407(e) of the Victims of Crime Act of 1984 (codified at 34 U.S.C. 20110(e)) iii. Section 40002(b)(13) of the Violence Against Women Act of 1994 (codified at 34 U.S.C. 12291(b)(13)) C. A nondiscrimination provision that deals with discrimination in employment on the basis of religion is read together with the pertinent provisions of the Religious Freedom Restoration Act of 1993. As a result, even if an otherwise -applicable nondiscrimination provision states that a recipient or subrecipient may not discriminate in employment based on religion, an OJP recipient or subrecipient that is a faith -based organization may consider religion in hiring, provided it satisfies particular requirements. Additional information on those requirements can be found at https://ojp.gov/fu nding/Explore/LegalOverview/CivilRightsRequ irements. htm#4. D. Collectively, these federal laws prohibit a grantee from discriminating either in employment (subject to the exemption for certain faith -based organizations discussed in C. above") or in the delivery of services or benefits on the basis of race, color, national origin, sex, religion, or disability. More information on Civil Rights and Nondiscrimination requirements for grantees receiving funding originating from the Department of Justice can be found at https://ojp.gov/about/ocr/statutes.htm. E. In the event any federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin (including limited English proficiency), or sex against the grantee, or the grantee settles a case or matter alleging such discrimination, the grantee must forward a copy of the complaint and findings to OOG and, as applicable, the Office of Justice Programs Office for Civil Rights (OCR), or the DHS awarding office and the 01-15 Office of Civil Rights and Civil Liberties. F. All recipients of Department of Justice Grants must review the Information on Civil Rights for CJD grantees posted on the eGrants website available at: https://egrants.gov.texas.gov/FileDirectory/Civil Rights Presentation 11-2013.pdf. 3.2 Limited English Proficiency The grantee will comply with Title VI of the Civil Rights Act of 1964, which prohibits grantees from discriminating on the basis of national origin in the delivery of services or benefits, entails taking reasonable steps to ensure that persons with limited English proficiency (LEP) have meaningful access to funded programs or activities. An LEP person is one whose first language is not English and who has a limited ability to read, write, speak, or understand English. Meaningful access may entail providing Page 22 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor language assistance services, including oral interpretation and written translation, where necessary. In order to facilitate compliance with Title VI, grantees are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. More information can be found at http://www.LEP.gov. 3.3 Equal Employment Opportunity Plan All recipients of Department of Justice grants must 1) develop and file an Equal Employment Opportunity Plan (EEOP) with the Department of Justice; AND/OR 2) file a certification of exemption from EEOP requirements, if eligible. The Department of Justice released a new EEOP Certification Form in late 2015. Every recipient of a federal grant must now complete an EEOP Certification Form, even those that are exempt from filing an EEOP. If a grantee is required to submit an EEOP, that grantee must also file a Certification Form declaring that submission. The grantee must keep a copy of both the EEOP and the Certification Form on -file and available at any time upon request from OOG. If a grantee is claiming an exemption from filing an EEOP, that grantee must complete the federal Certification Form for that exemption in order to be eligible for federal funds. Grantees must keep a copy of the Certification Form on -file and available at any time upon request from OOG. EEOP guidance and the Certification Form for both filers and those claiming an exemption is available at: http://oip.gov/about/ocr/eeop.htm. EEOP submissions must be prepared and filed electronically through the EEOP Reporting Tool available at the site referenced in this paragraph. The grantee acknowledges that failure to submit an acceptable EEOP (if recipient is required to submit one), that is approved by the Office for Civil Rights, is a violation of the Grant Agreement and may result in suspension or termination of funding, until such time as the recipient is in compliance. 4 Personnel 4.1 Overtime Overtime is allowable to the extent that it is included in the OOG-approved budget, the grantee agency has an overtime policy approved by its governing body, and both grant -funded and non -grant funded personnel are treated the same with regards to the application of overtime policy(ies). In addition, in no case is dual compensation allowable. That is, an employee of a grantee agency may not receive compensation for hours worked (including paid leave) from his/her agency AND from an award for a single period of time, even though such work may benefit both activities. Overtime payments issued outside of these guidelines are the responsibility of the grantee agency. 4.2 Notification of Grant -Contingent Employees Staff whose salaries are supported by this award must be made aware that continued funding is contingent upon the availability of appropriated funds as well as the outcome of the annual application review conducted by OOG. Page 23 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor 5 Travel 5.1 Travel Policies The grantee must follow their established policies and good fiscal stewardship related to travel expenses. If the grantee does not have established written policies regarding in-state and out-of-state travel, grantee must use the travel guidelines established for state employees. 6 Contracts and Procurement 6.1 Procurement Practices and Policies The grantee must follow applicable Federal and State law, Federal procurement standards specified in regulations governing Federal awards to non -Federal entities, their established policy, and best practices for procuring goods or services with grant funds. Contracts must be routinely monitored for delivery of services or goods. A. Procurement (contract) transactions should be competitively awarded unless circumstances preclude competition. B. When any contractual or equipment procurement is anticipated to be in excess of $150,000, grantees must submit a Procurement Questionnaire https://eGrants.gov.texas.gov/updates.aspx to 006 for approval prior to procurement. Grantees must ensure these contracts address administrative, contractual, or legal remedies in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. C. When contractual or equipment procurement is anticipated to be in excess of $10,000, grantees must address termination for cause and for convenience by the grantee including the manner by which it will be affected and the basis for settlement. 6.2 Subcontracting The grantee may not subcontract any of its rights or duties under this Grant Agreement without the prior written approval of OOG. It is within 0OG's sale discretion to approve any subcontracting. In the event 006 approves subcontracting by the grantee, the grantee will ensure that its contracts with others shall require compliance with the provisions of this Grant Agreement to the extent compliance is needed to support the grantee's compliance with this Grant Agreement. The 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 Grant Agreement and that 006 shall not be liable in any manner to any grantee subcontractor. 6.3 Buy Texas If applicable with respect to any services purchased pursuant to this Grant Agreement, the grantee will buy Texas products and materials for use in providing the services authorized herein when such products and materials are available at a comparable price and within a comparable period of time when compared to non -Texas products and materials. Page 241 36 Grantee Standard Conditions and Responsibilities Office of the Governor 6.4 Contract Provisions Under Federal Awards All contracts made by a grantee under a federal award must contain the provisions outlined in 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Appendix 0 to Part 200 Contract Provisions for Non -Federal Entity Contracts Under Federal Awards. 7 Equipment Requirements 7.1 Property Management and Inventory The grantee must ensure equipment purchased with grant funds is used for the purpose of the Grant and as approved by DOG. The grantee must develop and implement a control system to prevent loss, damage or theft of property and investigate and document any loss, damage or theft of property funded under this Grant. The grantee must account for any real and personal property acquired with grant funds or received from the Federal Government in accordance with 2 CFR 200.310 Insurance coverage through 200.316 Property trust relationship and 200.329 Reporting on real property. This documentation must be maintained by the grantee, according to the requirements listed herein, and provided to OOG upon request, if applicable. When original or replacement equipment acquired under this award by the grantee is no longer needed for the original project or program or for other activities currently or previously supported by the federal awarding agency or DOG, the grantee must make proper disposition of the equipment pursuant to 2 CFR and/or the Uniform Grant Management Standards (UGMS), as applicable. The grantee shall not give any security interest, lien or otherwise encumber any item of equipment purchased with grant funds The grantee will maintain specified equipment management and inventory procedures for equipment (including replacement equipment), whether acquired in whole or in part with grant funds, until disposition takes place, with a per-unit cost of $5,000 or greater, any firearms, any items on the Prohibited or Controlled Expenditures list, and the following equipment with costs between $500 and $4,999: sound systems and other audio equipment, still and video cameras, TVs, video players/recorders, desktop computers, laptop computers, data projectors, smartphones, tablets, other hand held devices, and mobile/portable radios. (See Texas Government Code, Sec. 403.271(b) for further information. Users of these standards should contact the Texas Comptroller of Public Accounts' property accounting staff or review the Comptroller's State Property Accounting User Manual, available on the Internet, for the most current listing.) The equipment and inventory procedures include: A. The grantee must keep an inventory report on file containing equipment purchased with any grant funds during the grant period. The inventory report must agree with the approved grant budget and the final Financial Status Report and shall be available to QOG at all times upon request. B. At least every two (2) years, grantee must take a physical inventory and reconcile the results with property records. C. The grantee must maintain property/inventory records which, at minimum, include a description of the property, a serial number or other identification number, the source of Page 25 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price ofthe property. D. The grantee shall permanently identify all such equipment by appropriate tags or labels affixed to the equipment. Upon termination of this Grant Agreement, title, use, and disposal of equipment by the grantee shall be in conformity with the UGMS; however, as between OOG and the grantee title for equipment will remain with the grantee, unless UGMS requires otherwise. 7.2 Maintenance and Repair The 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 the grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this Grant Agreement, the grantee shall use the proceeds to repair or replace said equipment. 7.3 Automated License Plate Readers Any grantee requesting funds for Automated License Plate Readers (ALPR) must have a written policy regarding use of the ALPR and related data retention. Subrecipients also must enter into a User Agreement with the Texas Department of Public Safety (DPS), Crime Records Division to gain access to the Texas Automated License Plate Reader (LPR) Database so that data may be shared among all participating local, state, and federal agencies. DPS Crime Records Division will provide written certification of your jurisdiction's participation upon request. Grantees must provide OOG with a copy of the certification received from DPS Crime Records Division. 8 Information Technology 8.1 Accessibility Requirements If applicable, the grantee will comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in Title 1, Chapter 213 of the Texas Administrative Code when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. Likewise, if applicable, the grantee shall provide the Texas Department of Information Resources (DIR) with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508of the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration "Buy Accessible Wizard" (http://www.buyaccessible.gov). A company not listed with the "Buy Accessible Wizard" or supplying a URL to their VPAT must provide DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the "Buy Accessible Wizard" or obtaining a copy of the VPAT is located at http://www.section508.gov/. Page 26 136 Grantee Standard Conditions and Responsibilities Office of the Governor 8.2 Criminal Intelligence System Operating Procedures Any information technology system funded or supported by these funds must comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies. Any grant -funded individual responsible for entering information into or retrieving information from an intelligence database must complete continuing education training on operating principles described by 28 CFR Part 23 at least once for each continuous two-year period that the person has responsibility for entering data into or retrieving data from an intelligence database. 8..1 Blocking Pornographic Material The recipient understands and agrees that - (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, and (b) Nothing in subsection (a) lirnits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 9 Indirect Costs 9.1 Approved indirect Cost Rate If indirect costs are allowable under an award, the Indirect Cost Budget Category will be available on the Budget tab. With the exception of grantees of federal awards who have never received a negotiated indirect cost rate as described in 2 CFR § 200.414(f), grantees choosing to apply indirect costs to the award must have an approved indirect cost rate agreement with their cognizant agency. A copy of the approval letter from the cognizant agency must be uploaded to the grant application for the grantee to be eligible for the indirect cost rate for the associated award. Indirect cost rates are not generally allowed for state -funded grants, but may be approved by 006 at its sole discretion. The indirect cost rate cited in the budget denotes the approved indirect rate at the time the grant was awarded. It is the grantee's responsibility to ensure the appropriate indirect rate is charged throughout the term of the grant award even if the approved indirect rate expires or changes during the grant period. Indirect costs are subject to monitoring and the grantee must be able to produce evidence of an approved indirect cost rate upon request. 9.2 De Minimis Rate In accordance with 2 CFR § 200.414(f), grantees of federal funds that have never received a negotiated indirect cost rate may elect to charge a de minimis rate of 10% of modified total direct costs, which may be used indefinitely. A grantee that is eligible to use the de minimis indirect cost rate, and that elects to use the de minimis indirect cost rate, must advise OOG in writing, in the grant application, before any such funds are obligated of both its eligibility and its election, and must comply with all associated requirements in 2 CFR § 200.414(f). Page 27 j 36 Grantee Standard Conditions and Responsibilities Office of the Governor 10 Audit and Records Requirements 10.1 Grantee Subject to Audits The grantee understands and agrees that grantee is subject to relevant audit requirements present in state or federal law or regulation or by the terms of this award. For federally funded grants, audit requirements can be found in 2 CFR Part 200 or OMB Circular A-133. For state funded awards, audit requirements can be found in the Uniform Grant Management Standards. 10.2 Single Audit Requirements Any grantee expending more than a certain level of federal funds in a fiscal year are subject to Single Audit Requirements in 2 CFR, Part 200, Subpart F — Audit Requirements, at http://www.ecfr.gov/cgi- bin/text-idx?tpH/ecfrbrowse/Title02/2cfr200 main 02.tpl. For grantees receiving a grant from a federal award whose effective date falls within a grantee's fiscal year that begins on or after December 26, 2014, that level is $750,000. For grantees receiving a grant from a federal award whose effective date falls within a grantee's fiscal year that begins before December 26, 2014, that level is $500,000. The grantees expending more than $750,000 in state funds in a fiscal year are subject to the requirements in the Texas Single Audit Circular, at http://comptroller.texas.gov/procurement/catrad/ugms.pdf. The audit must be completed and the data collection and reporting package described in 2 CFR 200.512 must be submitted to the Federal Audit Clearinghouse (FAC) within 30 calendar days after receipt of the auditor's report(s), or nine months after the end of the audit period, whichever is earlier. Grantees who are not required to have an audit for the grantee's fiscal year in which the state or federal awards were made or expended, shall so certify in writing to OOG. The grantee's chief executive officer or chief financial officer shall make the certification within 60 days of the end of the grantee's fiscal year. 10.3 Cooperation with Monitoring, Audits, and Records Requirements A. In addition to and without limitation on the other audit provisions of this Grant Agreement, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's Office or successor agency, may conduct an audit or investigation of the grantee or any other entity or person receiving funds from the State directly under this Grant Agreement or indirectly through a subcontract under this Grant Agreement. The acceptance of funds by the grantee or any other entity or person directly under this Grant Agreement or indirectly through a subcontract under this Grant Agreement 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, the grantee or another entity that is the subject of an audit or investigation by the State Auditor's Office shall provide the State Auditor's Office with prompt access to any information the State Auditor's Office considers relevant to the investigation or audit. The 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. The grantee shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the Page 28 136 Grantee Standard Conditions and Responsibilities Office of the Governor 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 the grantee related to this Grant Agreement. This Grant Agreement may be amended unilaterally by OOG to comply with any rules and procedures of the State Auditor's Office in the implementation and enforcement Section 2262.154 of the Texas Government Code. B. The grantee agrees to comply with the grant monitoring guidelines, protocols, and procedures established by OOG and any federal funding agency, and to cooperate with OOG and any relevant federal agency generally, including on any compliance review or complaint investigation conducted by the Federal sponsoring agency or OOG and on all grant monitoring requests, including requests related to desk reviews and/or sitevisits. C. The grantee shall maintain adequate records that enable OOG and any relevant federal agency to complete monitoring tasks, including to verify all reporting measures, requests for reimbursements, and expenditure of match funds related to this Grant Agreement. The grantee shall maintain such records as are deemed necessary by OOG, the State Auditor's Office, other auditors of the State of Texas, the federal government or such other persons or entities designated or authorized by OOG to ensure proper accounting for all costs and performances related to this GrantAgreement. D. OOG may request documented proof of payment. Acceptable proof of payment includes, but is not necessarily limited to, a receipt or other documentation of a paid invoice, a general ledger detailing the specific revenue and expenditures, a monthly bank statement evidencing payment of the specific expenditure, bank reconciliation detail, copies of processed checks, or a printed copy of an electronic payment confirmation evidencing payment of the specific expenditure to which the reimbursement relates. F. The grantee authorizes 006, the State Auditor's Office, the Comptroller General, and any relevant federal agency, and their representatives, the right to audit, examine, and copy all paper and electronic records, books, documents, accounting procedures, practices, and any other requested records, in any form; relevant to the grant, the operation and management of the grantee, and compliance with this grant agreement and applicable state or federal laws and regulations; and will make them readily available upon request. The grantee will similarly permit access to facilities, personnel, and other individuals and information as may be necessary. F. If requested, the grantee shall submit to OOG a copy of its most recent independent financial audit. If requested, the grantee shall submit to 006 any audited financial statements, related management letters and management responses of grantee, and financial audit documents or portions thereof that are directly related to the grantee's performance of its obligations under this Grant Agreement. G. 006 may make unannounced monitoring visits at any time but will, whenever practical as determined at the sole discretion of OOG, provide the grantee with up to five (5) business days advance notice of any such examination or audit. Any audit of records shall be conducted at the grantee's principal place of business and/or the location(s) of the grantee's operations during the grantee's normal business hours. The grantee shall provide to 006 or its designees, on the 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 services and Internet connectivity, utilities, and office -related equipment and duplicating services as OOG or its designees may reasonably require to perform the audits described in this Grant Agreement. Page 29 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor H. In addition to the information contained in the required reports, other information may be required as requested by OOG, including 006 asking for more information regarding project performance or funds expenditures. In the event 006 requires additional information regarding the information or data submitted, the grantee will promptly provide the additional information. The grantee also agrees to assist 006 in responding to questions and assisting in providing information responsive to any audit, legislative request, or other inquiry regarding the grant award. Upon the request of 006, the grantee must submit to 006 any additional documentation or explanation 006 may desire to support or document the requested payment or report submitted under this Grant Agreement. I. If after a written request by OOG or a relevant federal agency, the grantee fails to provide required 'reports, information, documentation, or other information within reasonable deadlines set by 006 or the relevant federal agency, as required by this Grant Agreement, or fails to fulfil any requirement in this section, then 006 may consider this act a possible default under this Grant Agreement, and the grantee may be subject to sanctions including but not limited to, withholdings and/or other restrictions on the recipient's access to grant funds; referral to relevant agencies for audit review; designation of the recipient as a high-risk grantee; or termination of awards. .1. The grantee agrees to hold any subcontractors or subgrantees to the provisions of this section and to require and maintain the documentation necessary to complete monitoring tasks performed by any subcontractor or subgrantee. The grantee shall ensure that this section concerning the authority to audit funds received indirectly by subcontractors through grantee and the requirement to cooperate is included in any subcontract it awards related to this grant. The grantee will direct any other entity, person, or contractor receiving funds directly under this Grant Agreement or through a subcontract under this Grant Agreement 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 Grant Agreement. 10.4 Requirement to Address Audit Findings If any audit, financial or programmatic monitoring, investigations, review of awards, or other compliance review reveals any discrepancies, inadequacies, or deficiencies which are necessary to correct in order to maintain compliance with this Grant Agreement, applicable laws, regulations, or the grantee's obligations hereunder, the grantee agrees to propose and submit to 006 a corrective action plan to correct such discrepancies or inadequacies within thirty (30) calendar days after the grantee's receipt of the findings. The grantee's corrective action plan is subject to the approval ofOOG. 006, at its sole discretion, may impose remedies as part of a corrective action plan, including, but not limited to: increasing monitoring visits; requiring that additional or more detailed financial and/or programmatic reports be submitted; requiring prior approval for expenditures; requiring additional technical or management assistance and/or making modifications in business practices; reducing the grant award amount; and/or terminating this Grant Agreement. The foregoing are not exclusive remedies, and 006 may impose other requirements that 006 determines will be in the best interest of the State. The grantee understands and agrees that the grantee must make every effort to address and resolve all outstanding issues, findings, or actions identified by OOG (and/or, in the case of federally funded grant, a relevant federal agency) through the corrective action plan or any other corrective plan. Failure to promptly and adequately address these findings may result in grant funds being withheld, other Page 30 136 Grantee Standard Conditions and Responsibilities Office of the Governor related requirements being imposed, or other sanctions and penalties. The grantee agrees to complete any corrective action approved by OOG within the time period specified by OOG and to the satisfaction of OOG, at the sole cost of the grantee. The grantee shall provide to OOG periodic status reports regarding the grantee's resolution of any audit, corrective action plan, or other compliance activity for which the grantee is responsible. 10.5 Records Retention A. The grantee shall maintain appropriate audit trails to provide accountability for all expenditures of grant funds, reporting measures, and funds received from OOG under this Grant Agreement. Audit trails maintained by the grantee will, at a minimum, identify the supporting documentation prepared by the grantee to permit an audit of its accounting systems and payment verification with respect to the expenditure of any funds awarded under this Grant Agreement. The grantee's automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and to verify performance and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of payment information. B. The grantee must maintain fiscal records and supporting documentation for all expenditures resulting from this Grant Agreement pursuant to 2 CFR 200.333, UGMS, and state law. 1. The grantee must retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. 2. Records related to real property and equipment acquired with grant funds shall be retained for three (3) years after final disposition. 3. For all training and exercises paid for by this Grant, grantee must complete, deliver to the appropriatesource, and then retain copies of all after -action reports and certificates of training completion for the time period specified in this Section. 4. OOG or the Federal Funding Agency may direct a grantee to retain documents for longer periods of time or to transfer certain records to OOG or federal custody when OOG or the Federal Funding Agency determines that the records possess long term retention value. 5. The grantee must give the Federal Funding Agency, the Comptroller General of the United States, the Texas State Auditor's Office, OOG, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by grantee pertaining to this Grant including records concerning the past use of grant funds. Such rights to access shall continue as long as the records are maintained. The grantee must include the substance of this Section in all subcontracts. C. If the grantee collects personally identifiable information, it will have a publically-available privacy policy that describes what information it collects, how it uses the information, whether it shares the information with third parties, and how individuals may have their information corrected where appropriate. The grantee shall establish a method to secure the confidentiality of any records related to the grant program that are required to be kept confidential by applicable federal or state law or rules. This provision shall not be construed as limiting OOG's access to such records and other information under any provision of this Grant Agreement. Page 31 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor 11 Prohibited and Regulated Activities and Expenditures 11.1 Inherently Religious Activities A grantee may not use grant funding to engage in inherently religious activities, such as proselytizing, scripture study, or worship. Grantees may, of course, engage in inherently religious activities; however, these activities must be separate in time or location from the federally assisted program. Moreover, grantees must not compel program beneficiaries to participate in inherently religious activities. Grantees must also not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief in the delivery of services or benefits funded by the grant. These requirements apply to all grantees, not just faith -based organizations. 11.2 Political Activities Grant funds may not be used in connection with the following acts by agencies or individuals employed by grant funds: A. Unless specifically authorized to do so by federal law, grant recipients or their subgrantees or contractors are prohibited from using grant funds directly or indirectly for political purposes, including lobbying or advocating for legislative programs or changes; campaigning for, endorsing, contributing to, or otherwise supporting political candidates or parties; and voter registration or get -out -the -vote campaigns. Generally, organizations or entities which receive federal funds by way of grants, contracts, or cooperative agreements do not lose their rights as organizations to use their own, private, non-federal resources for "political" activities because of or as a consequence of receiving such federal funds. These recipient organizations must thus use private or other non-federal money, receipts, contributions, or dues for their political activities, and may not charge off to or be reimbursed from federal contracts or grants for the costs of such activities. B. Grant officials or grant funded employees may not use official authority or influence or permit the use of a program administered by the grantee agency of which the person is an officer or employee to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose. C. Grant -funded employees may not coerce, attempt to coerce, command, restrict, attempt to restrict, or prevent the payment, loan, or contribution of anything of value to a person or political organization for a political purpose. D. Grant funds will not be used, either directly or indirectly, in support of the enactment, repeal, modification, or adoption of any law, regulation or policy, at any level of government, without the express prior approval of OOG and applicable federal funding agencies. if any non -grant funds have been or will be used in support of the enactment, repeal, modification, or adoption of any law, regulation or policy, at any level of government, it will notify OOG to obtain the appropriate disclosure form. E. Grant funds may not be used to employ, as a regular full-time or part-time or contract employee, a person who is required by Chapter 305 of the Government Code to register as a lobbyist. Furthermore, grant funds may not be used to pay, on behalf of the agency or an officer or employee of the agency, membership dues to an organization that pays part or all of the salary of a person who is required by Chapter 305 of the Government Code to register as a Page 32 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor lobbyist. F. Grant funds — whether expended by the grantee or by any subgrantee or subcontractor -- will not be used for political polling. This prohibition regarding political polling does not apply to a poll conducted by an academic institution as a part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. G. As applicable, the grantee will comply with 31 USC § 1352, which provides that none of the funds provided under an award may be expended by the grantee to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. The grantee will include the language of this section in the award documents for all subawards at all tiers and will require all subrecipients to certify accordingly. 11.3 Generally Prohibited Expenditures The following items and activities are specifically prohibited from being funded under this Grant Agreement: A. Costs of advertising and public relations designed solely to promote the governmental unit; B. Costs of international travel; C. Costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities); D. Fundraising; E. Lobbying; F. Alcoholic beverages; G. Costs to support any activity that has as its objective funding of sectarian worship, instruction, or proselytization; and H. Promotional items and memorabilia, including models, gifts, and souvenirs. 11.4 Acorn The grantee understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OOG. 12 Financial Requirements 12.1 Financial Status Reports Financial Status Reports must be submitted to 00G via eGrants. Unless otherwise specified by 00G, Reports may be submitted monthly but must be submitted at least quarterly. Reports are due after Page 33 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor each calendar quarter regardless of when the grant was awarded. Due dates are: 1. April 22 (January -March quarter) 2. July 22 (April -June quarter) 3. October 22 (July -September quarter) 4. January 22 (October -December quarter) A grant liquidation date will be established in eGrants. The final Financial Status Report must be submitted to 006 on or before the liquidation date or the grant funds may lapse and 006 will provide them as grants to others who need the funding. Payments will be generated based on expenditures reported in the reports. Upon 006 approval of the report, OOG will issue a payment through direct deposit or electronic transfer. 12.2 Approval of Financial Status Report Grant payments will be generated based on expenditures as reported in the Financial Status Reports in eGrants or, if authorized by 006, through Advance Payment Requests. Upon 006 approval of a Financial Status Report or Advance Payment Request, a payment will issue through direct deposit or electronic transfer, though additional documentation may be required and this statement does not override other rules, laws or requirements. It is the policy of 006 to make prompt payment on the approval of a properly prepared and submitted Financial Status Report and any other required documentation. 12.3 Reimbursements 006 will be obligated to reimburse the grantee for the expenditure of actual and allowable allocable costs incurred and paid by the grantee pursuant to this Grant Agreement. Each item of expenditure shall be specifically attributed to the eligible cost category as identified in the Grant Budget. The Grant Budget is established as provided in eGrants and is the approved budget for the planned expenditure of awarded grant funds, with expenditures identified by approved cost category. 006 is not obligated to pay unauthorized costs or to reimburse expenses that were incurred by the grantee prior to the commencement or after the termination of this Grant Agreement. By submission of a Financial Status Report, the grantee is warranting the following: (1) all invoices have been carefully reviewed to ensure that all invoiced services or goods have been performed or delivered; (2) that the services or goods have been performed or delivered in compliance with all terms of this Grant Agreement; (3) that the amount of each new Financial Status Report added together with all previous Financial Status Reports do not exceed the Maximum Liability of OOG; and (5) the charges and expenses shown on the Request for Reimbursement are reasonable and necessary. 12.4 Generally Accepted Accounting Principles The 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 the grantee. The grantee shall follow 006 fiscal management policies and procedures in processing and submitting requests for reimbursement and maintaining financial records related to this Grant Agreement. Page 34 136 Grantee Standard Conditions and Responsibilities Office of the Governor 12.5 Program Income "Program income" means gross income received by the grantee or subgrantee directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. Unless otherwise required under the terms of this Grant Agreement, any program income shall be used by the 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. Program income shall be used to offset the grant award. The grantee shall identify and report this income in accordance with OOG's reporting instructions. The grantee shall expend program income during the term of this Grant Agreement; program income not expended during the term of this Grant Agreement shall be refunded to 006. 12.6 Refunds and Deductions If OOG determines that the grantee has been overpaid any grant funds under this Grant Agreement, including payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, the grantee shall return to 00G the amount identified by OOG as an overpayment. The grantee shall refund any overpayment to OOG within thirty (30) calendar days of the receipt of the notice of the overpayment from 006 unless an alternate payment plan is specified by 006. 12.7 Liquidation Period The liquidation date is ninety (90) calendar days after the grant end date, unless otherwise noted in the original grant award ora grant adjustment. Funds not obligated by the end of the grant period and not expended by the liquidation date will revert to OOG. 12.8 Duplication of Funding If grantees receive any funding that is duplicative of funding received under this grant, they will notify OOG as soon as possible. OOG may issue an adjustment modifying the budget and project activities to eliminate the duplication. Further, the grantee agrees and understands that any duplicative funding that cannot be re -programmed to support non -duplicative activities within the program's statutory scope will be de -obligated from this award and returned to 006. 12.9 Supplanting Awarded funds must be used to supplement existing funds for program activities and not replace (supplant) funds that have been appropriated, allocated or disbursed for the same purpose. Grant monitors and auditors will look for potential supplanting during reviews. Violations may result in a range of penalties, including suspension of future funds, suspension or debarment from receiving federal or state grants, recoupment of monies provided under the grant, and civil or criminal penalties. For additional information on supplanting, refer to the Guide to Grants at https://eGra nts.gov.texas.gov/updates.aspx. Page 35 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor 13 Required Reports 13.1 Measuring, Reporting, and Evaluating Performance Grantees should regularly collect and maintain data that measure the performance and effectiveness of activities under this award, in the manner, and within the timeframes specified in the program solicitation, or as otherwise specified by 006. This evaluation includes a reassessment of project activities and services to determine whether they continue to be effective. Grantees must submit required reports regarding grant information, performance, and progress towards goals and objectives in accordance with the instructions provided by 006 or its designee. If requested by 006, the grantee shall report on the progress towards completion of the grant project and other relevant information as determined by OOG. To remain eligible for funding, the grantee must be able to show the scope of services provided and their impact, quality, and levels of performance against approved goals, and that their activities and services effectively address and achieve the project's stated purpose. 13.2 Report Formats, Submissions, and Timelines The grantee shall provide to OOG all applicable reports in a format specified by 00G. The grantee will submit reports in eGrants as instructed by OOG. The grantee shall ensure that it submits each report or document required by 006 in an accurate, complete, and timely manner to 006 or the Federal sponsoring agency, as specified by this Grant Agreement or 006, and will maintain appropriate backup documentation to support the reports. Unless filing dates are given herein, all other reports and other documents that the grantee is required to forward to OOG shall be promptly forwarded. 13.3 Failure to File Required Reports Failure to comply with submission deadlines for required reports, Financial Status Reports, or other requested information may result in OOG, at its sole discretion, placing the grantee on immediate financial hold without further notice to the grantee and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If the grantee is placed on financial hold, OOG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time the grantee was placed on financial hold. Page 36 1 36 Office of the Governor Public Safety Office Homeland Security Grants Division Fund Specific Grant Conditions Homeland Security Grant Program FFY 2018 Award September 2018 Fund Specific Conditions and Responsibilities (HSGP) Office of the Governor About This Document In this document, grantees (also referred to as subrecipients) will find fund specific federal requirements and conditions applicable to the grant award administered by the Office of the Governor (OOG). These requirements and conditions are incorporated into the Grant Agreement accepted by a grant's Authorized Official. These requirements are in addition to those that can be found on the eGrants system — including the Grant Application and Grant Award — or in documents identified there, to which grantees agreed when applying for and accepting the grant. Other state and federal requirements and conditions may apply to your grant, 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; 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; for federal funding, the Funding Announcement or Solicitation under which OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice (DOJ), the current applicable version of the Department ofJustice 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. 006 reserves the right to add additional responsibilities and requirements, with or without advance notice to the grantee. Any rights or privileges reserved or attributed to the federal awarding agency are also reserved or attributed to OOG, which may exercise them at its discretion. It is important for grantees to review all of these policies to successfully manage their grant, maintain eligibility for funding, and avoid violating the terms of the Grant Agreement, any of which could result in the revocation of funding or other actions. For clarification or further information, please see the Guide to Grants and other support materials at http://eGrants.Gov.Texas.Gov or contact the grant manager assigned to the relevant grant. If no grant manager has been assigned, please contact the eGrants help desk via email at: eGrants@gov.texas.gov, or via telephone at: (512) 463-1919 or dial 7-1-1 for relay services. Page 11 9 Fund Specific Conditions and Responsibilities (HSGP) Office of the Governor Table of Contents About This Document 1 Article I. Disposition of Equipment 3 Article II. Procurement of Recovered Materials 3 Article III. Whistleblower Protections 3 Article IV. Use of DHS Seal, Logo and Flags 3 Article V. USA Patriot Act of 2001 3 Article VI. Civil Rights and Nondiscrimination 3 Article Vll. Trafficking Victims Protection Act of 2000 5 Article VIII. Terrorist Financing 5 Article IX. SAFECOM 5 Article X. Debarment and Suspension 5 Article XI. Copyrights 5 Article XII. Personally Identifiable Information 5 Article XIII. Activities Conducted Abroad 5 Article XIV. DHS Specific Acknowledgements and Assurances 6 Article XV. Patents and Intellectual Property Rights 6 Article XVI. Notice of Funding Opportunity 6 Article XVII. Non -Supplanting Requirement 7 Article XVIII. National Environmental Policy Act 7 Article XIX. Lobbying 7 Article XX. Hotel and Motel Fire Safety Act of 1990 7 Article XXI. Fly America Act of 1974 7 Article XXII. Text Messaging While Driving 7 Article XXIII. Federal Debt 8 Article XXIV. False Claims Act 8 Article XXV. Energy Policy and Conservation Act 8 Article XXVI. Duplication of Benefit 8 Article XXVII.Environmental and Historic Preservation Review 8 Article XXVIII. National Incident Management System 9 Article XXIX. Operation Stonegarden 9 Page 219 Fund Specific Conditions and Responsibilities (HSGP) Office of the Governor Article 1. Disposition of Equipment When original or replacement equipment acquired under this award by the recipient or its subrecipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, the state must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. Subrecipients should contact HSGD for instructions. Article 11. Procurement of Recovered Materials Recipients and subrecipients must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 111. Whistleblower Protections Recipients and subrecipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 Section 2409, 41 U.S.C. 4712, and 10 U.S.C. Section 2324, 41 U.S.C. Sections 4304 and 4310. Article IV. Use of DHS Seal, Logo and Flags Recipients and subrecipients must obtain permission from their DHS FAO, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article V. USA Patriot Act of 2001 Recipients and subrecipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. Sections 175-175c. Article VI. Civil Rights and Nondiscrimination Section 6.01 Civil Rights Act of 1964 Recipients and subrecipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Section 6.02 Limited English Proficiency Recipients and subrecipients must comply with the Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance Page 319 Fund Specific Conditions and Responsibilities (HSGP) Office of the Governor https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide- meaningful- access -people -limited and additional resources on http://www.leo.gov. Section 6.03 Civil Rights Act of 1968 Recipients and subrecipients must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (See 42 U.S.C. Section 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units- i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with certain accessible features. (See 24 C.F.R. Section 100.201.) Section 6.04 Rehabilitation Act of 1973 Recipients and subrecipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. Section 794), as amended, which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 6.05 Education Amendments of 1972 Recipients and subrecipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. Section 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19. Section 6.06 Americans with Disabilities Act of 1990 Recipients and subrecipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. (42 U.S.C. Sections 12101- 12213). Section 6.07 Age Discrimination Act of 1975 Recipients and subrecipients must comply with the requirements of the Age Discrimination Act of 1975 (Title 42 U.S. Code, Section 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Section 6.08 ' Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. All recipients and subrecipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statutes, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs. Page 419 Fund Specific Conditions and Responsibilities (HSGP) Office of the Governor Article VII. Trafficking Victims Protection Act of 2000 Recipients and subrecipients must comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000, (TVPA) as amended by 22 U.S.C. Section 7104. The award term is located at 2 C.F.R. Section 175.15, the full text of which is incorporated here by reference. Article Vlll. Terrorist Financing Recipients and subrecipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article IX. SAFECOM Recipients and subrecipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article X. Debarment and Suspension Recipients and subrecipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.0.) 12549 and 12689, and 2 C.F.R. Part 180. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XI. Copyrights Recipients and subrecipients must affix the applicable copyright notices of 17 U.S.C. Sections 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article XII. Personally Identifiable Information Recipients and subrecipients who collect Pll are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. DHS defines personally identifiable information (P11) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as useful resources respectively. Article XIII. Activities Conducted Abroad Recipients and subrecipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Page 519 Fund Specific Conditions and Responsibilities (HSGP) Office of the Governor Article XIV. DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistanceaward and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, recipients have been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency (LEP)), sex, age, disability, religion, or familial status, recipients must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS FAO and the DNS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crcl@hq.dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. 6. In the event courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS FAO and the CRCL office by a -mall or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. Article XV. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients and subrecipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. Section 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. Section 401.14. Article XVI. Notice of Funding Opportunity All of the instructions, guidance, limitations, and other conditions set forth in the federal Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients and subrecipients must comply with any such requirements set forth in the federal program NOFO. Page 619 Fund Specific Conditions and Responsibilities (HSGP) Office of the Governor Article XVII. Non -Supplanting Requirement Recipients and subrecipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Article XVIII. National Environmental Policy Act Recipients and subrecipients must comply with the requirements of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article XIX. Lobbying Recipients and subrecipients must comply with 31 U.S.C. Section 1352, which provides that none of the funds provided under an federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article XX. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, (15 U.S.C. Section 2225a), recipients and subrecipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, (15 U.S.C. Section 2225). Article XXI. Fly America Act of 1974 Recipients and subrecipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. Section 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. Section 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision B-138942. Article XXII. Text Messaging While Driving All recipients and subrecipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. Page 719 Fund Specific Conditions and Responsibilities (HSGP) Office of the Governor Article XXIII.Federal Debt Recipients and subrecipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article XXIV. False Claims Act Recipients and subrecipients must comply with the requirements of The False Claims Act (31 U.S.C. Section 3729-3733) which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. Section 3801-3812 which details the administrative remedies for false claims and statements made.) Article XXV. Energy Policy and Conservation Act Recipients and subrecipients must comply with the requirements of The Energy Policy and Conservation Act (42 U.S.C. Section 6201) which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article XXVI. Duplication of Benefit Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article XXVII. Environmental and Historic Preservation Review The subrecipient must assess federally funded projects for potential impact to environmental resources and historic properties and submit any required screening form(s) as soon as possible within the deadlines established by HSGD. Timelines for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project and the potential for environmental or historical impact. Subrecipients must include sufficient review time to comply with EHP requirements. Initiation of any activity prior to completion of FEMA's [HP review will result in a non-compliance finding and HSGD may decide not to authorize or release grant funds for non-compliant projects. As soon as possible upon receiving this Grant, the subrecipient must provide information to HSGD to assist with the legally -required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (E0) currently using the FEMA EHP Screening Form OMB Control Number 1660- 0115/FEMA Form 024-0-1 and submitting it, with all supporting documentation, to HSGD for review. These [HP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, E0 11988 — Floodplain Management, E0 11990 — Protection of Wetlands, and EO 12898 — Environmental Justice. Subrecipients must comply with all Federal, State, and local EHP requirements and obtain applicable permits and clearances. See FEMA Policy Number 108-023-1. Page 819 Fund Specific Conditions and Responsibilities (HSGP) Office of the Governor The subrecipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings. Subrecipients must comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will, require re-evaluation for compliance with EHP requirements before the project can proceed. Subrecipients must ensure monitoring of ground disturbance and if any potential archeological resources are discovered the subrecipient must immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. Article XXVIIL National Incident Management System During the performance period of this Grant, the subrecipient must implement the NIMS in a manner consistent with the NIMS Implementation Objectives outlined by FEMA at http://www.fema.gov/national-incident-management-system. As subrecipients of Federal preparedness (non -disaster) grant awards, jurisdictions and organizations must achieve or be actively working to achieve all of the NIMS Implementation Objectives. Article XXIX.Operation Stonegarden The subrecipient is prohibited from drawing down Operation Stonegarden (OPSG) funding provided through this award until each unique, specific or modified county level, tribal or equivalent Operations Order and/or Fragmentary Order (Frago) has been reviewed by FEMA/GPD and Customs and Border Protection/United State Border Patrol (CBP/USBP). HSGD will receive the official notification of approval from FEMA/GPD and then notify the subrecipient. Page 919 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! ! !) Print This Page Agency Name: Nueces County Grant/App: 3588501 Start Date: 10/1/2018 End Date: 9/30/2019 Project Title: MetroCom Dispatch Center Enhancements Status: Pending Final Approval Eligibility Information Your organization's Texas Payee/Taxpayer ID Number: 17460005857003 Application Eligibility Certify: Created on:1/30/2018 3:52:03 PM By:Chrlstopher Boyce Profile Information Applicant Agency Name: Nueces County Project Title: MetroCom Dispatch Center Enhancements Division or Unit to Administer the Project: Office of Emergency Management Address Line 1: 901 Leopard ST Address Line 2: 303 City/State/Zip: Corpus Christi Texas 78401-3602 Start Date: 10/1/2018 End Date: 9/30/2019 Regional Council of Goverments(COG) within the Project's Impact Area: Coastal Bend Council of Governments Headquarter County: Nueces Counties within Project's Impact Area: Aransas, Bee, Brooks,Duval,3im Welis,Kenedy,Live Oak,Nueces,Refugio,San Patricio,Vlctorla Grant Officials: Authorized Official Name: Samuel Neal Email: ciaudia.lobe€I@co.nueces.tx.us Address 1: 901 Leopard, Room 303 Address 1: City: Corpus Christi, Texas 78401 Phone: 361-888-0444 Other Phone: Fax: 361-888-0445 Title: The Honorable Salutation: Judge Position: County Judge Project Director Name: Christopher Boyce Email: chrlstopher,boyce@nuecesco.com Address 1: 901 Leopard St Address 1: Room 303 City: Corpus Christi, Texas 78401 Phone: 361-888-0513 Other Phone: 361-533-2355 Fax: 361-888-0445 Title: Mr. Salutation: Mr. Position: EMC Financial Official Name: Dale Atchley Email: anna.velazquez@co.nueces.tx.us Address 1: 901 Leopard Room 304 Address 1: City: Corpus Christi, Texas 78401 Phone: 361-888-0556 Other Phone: 361-888-0612 Fax: 361-888-0584 Title: Mr. Salutation: Mr. Position: County Auditor Grant Writer Name: Christopher Boyce Email: chrlstopher.boyce@nuecesco.cern Address 1: 901 Leopard St Address 1: Room 303 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE 1!!) City: Corpus Christi, Texas 78401 Phone: 361-888-0513 Other Phone: 361-533-2355 Fax: 361-888-0445 Title: Mr. Salutation: Mr. Position: EMC Grant Vendor Information Organization Type: County Organization Option: applying to provide homeland security services Applicant Agency's State Payee Identification Number (e.g., Federal Employer's Identification (FEI) Number or Vendor ID): 17460005857003 Data Universal Numbering System (DUNS): 078495025 Narrative Information Overview The purpose of the Homeland Security Grant Program (HSGP) is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. HSGP provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustalnment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. HSGP supports core capabilities across the five mission areas of Prevention, Protection, Mitigation, Response, and Recovery based on allowable costs. Primary Mission and Purpose State Homeland Security Program (SHSP): Supports state, Tribal and local preparedness activities that address high-priority preparedness gaps across all core capabilities where a nexus to terrorism exists. All investments must be consistent with capability targets set during the Threat and Hazard Identification and Risk Assessment (THIRA) process, and gaps Identified in the State Preparedness Report (SPR). Many activities which support the achievement of target capabilities related to terrorism preparedness may simultaneously support enhanced preparedness for other hazards unrelated to acts of terrorism. However, all SHSP projects must assist grantees in achieving target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism. Eligibility Requirements National Incident Management System (NIMS) Implementation Grantees are required to implement NIMS. The NIMS uses a systematic approach to integrate the best existing processes and methods into a unified national framework for incident management across all homeland security activities Including prevention, protection, response, mitigation, and recovery. Grantees must use standardized resource management concepts for resource typing, credentialing, and an inventory to facilitate the effective identification, dispatch, deployment, tracking and recovery of resources. Emergency Management Plans (Intermediate Level) Cities and counties must have a current emergency management plan or be a legally established member of an inter - jurisdictional emergency management program with a plan on file with the Texas Department of Public Safety, Texas Division of Emergency Management (TDEM). Plans must be maintained throughout the entire grant performance period and must be at least at the Intermediate Level. If you have questions concerning your Emergency Management Plan (preparedness) level, contact your Emergency Management Coordinator (EMC) or your regional Council of Governments (COG). For questions concerning plan deficiencies, contact TDEM at tdem.plans@dps.texas.gov. Criminal History Reporting Entities receiving funds from HSGD must be located in a county that has an average of 90% or above on both adult and juvenile dispositions entered into the computerized criminal history database maintained by the Texas Department of Public Safety (DPS) as directed in the Texas Code of Criminal Procedure, Chapter 60. The disposition completeness percentage is defined as the percentage of arrest charges a county reports to DPS for which a disposition has been subsequently reported and entered into the computerized criminal history system. Uniform Crime Reporting (UCR) Eligible applicants operating a law enforcement agency must be current on reporting Part I violent crime data to the Texas Department of Public Safety (DPS) for inclusion in the annual Uniform Crime Report (UCR). To be considered eligible for funding, applicants must have submitted a full twelve months of accurate data to DPS for the most recent calendar year. Program Requirements eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !I!) Building and Sustaining Core Capabilities Funding should be used to sustain core capabilities. New capabilities should not be built at the expense of maintaining current and critically needed core capabilities. New capabilities must be aligned with capability targets and gaps identified through the THIRA/SPR process. Mission Areas The National Preparedness Goal organizes the core capabilities into the five mission areas: • Prevention. Prevent, avoid or stop an imminent, threatened or actual act of terrorism. • Protection. Protect our citizens, residents, visitors, and assets against the greatest threats and hazards in a manner that allows our interests, aspirations, and way of life to thrive. • Mitigation. Reduce the loss of life and property by lessening the impact of future disasters. • Response. Respond quickly to save lives, protect property and the environment, and meet basic human needs in the aftermath of a catastrophic incident. • Recovery. Recover through a focus on the timely restoration, strengthening and revitalization of infrastructure, housing and a sustainable economy, as well as the health, social, cultural, historic and environmental fabric of communities affected by a catastrophic incident. Deduction Method - Program income shall be deducted from total allowable costs to determine the net allowable costs. Program income shall be used for current costs unless HSGD authorizes otherwise. Program income which the grantee did not anticipate at the time of the award shall be used to reduce the HSGD award and grantee match rather than to increase the funds committed to the project. Asset Seizures and Forfeitures - Program income from asset seizures and forfeitures is considered earned when the property has been adjudicated to the benefit of the plaintiff (e.g., law enforcement entity). Certification Program Income Applicant agrees to comply with all federal and state rules and regulations for program income and agrees to report all program income that is generated as a result of the project's activities. Applicant agrees to report program income through a formal grant adjustment and to secure HSGD approval prior to use of the program income. Applicant agrees to use program income for allowable costs and agrees to expend program income immediately after HSGD's approval of a grant adjustment and prior to requesting reimbursement of funds. Each applicant agency must certify to the specific requirements detailed above as well as all requirements within the HSGD Funding Announcement, the eGrants application, the 00G's Guide to Grants, and the OOG's Grantee Conditions and Responsibilities to be eligible for this program. I certify to all of the application content and requirements. Project Summary : Briefly summarize the project, including proposed activities and intended impact. Our proposed project will consist of: purchasing software and reference materials; installing essential software; training staff; certifying staff as Emergency Police AND Medical Dispatchers by the /raternational Academies of Emergency Dispatch (VIED); completing the 40 points of accreditation for MetroCom to become an Accredited Center of Excellence through IAED for both Medical and Police Dispatch; and implementing: 1) Priority Dispatch System Software (ProQA), 2) Medical Priority Dispatch System (MPDS), 3) AQUA Evolution, and 4) Police Priority Dispatch System (PPDS). Compietion of this project will streamline emergency dispatchers' ability to appropriately and promptly provide the best practices, National Academies of Emergency Dispatch -Protocols for medical and law enforcement scenarios to include terrorist attacks, natural disasters, active shooters, and other multi -jurisdictional mass casualty situations. If the Law Enforcement and Medical Priority Dispatch System project is funded, it will allow a more consistent and standardized method for dispatchers providing fire -arrival instructions in critical situations. This will enhance the potential of saving lives and increasing productivity by effectively expediting resources to our customers and preserving the safety and well-being of the citizens in our community and first responders; thus, furthering cur dispatchers' ability to provide the critical components of safety and consistent service to all our participants including the community we serve and the first responders we support. Problem Statement : Provide a detailed account of the issues, threats or hazards that your project will target. For federal Homeland Security Grants, include specific references to the regional or state Threat and Hazard Identification and Risk Assessment (THIRA), as applicable. Being our 9-1-1 Dispatchers are normally the first emergency responders to be privy to of a large-scale incident in our community, this project will allow them to quickly and efficiently gather and disseminate information to our community and the "boots -on -the ground" emergency responders. The Law Enforcement and Medical Priority Dispatch System Project will target numerous issues, threats, and hazards including various ones specified in the Coastal Bend Council of Governments Threat and Hazard Identification and Risk Assessment (CCG-THIRA). Having these tools at hand will aid MetroCom in providing standardized, timely, accurate, detailed response to numerous threats to include any physical terrorist attack and 3 of the specified target threats on pages one through three on the CCG-THIRA (Hurricane, Hazmat Release-Chernical, and Explosive Device). The Law Enforcement and Medical Prierity Dispatch System Project will also aid in the following Core Capabilities listed in the CCG-THIRA: 1. Planning - page 3 through 5 2, Public Information and Warning - pages 6 and 7 3. Operational Coordination Core Capability - Page 8 4, Intelligence and Information Sharing - Page 11 and 12 5. Risk and Disaster Resilience Assessment - page 22 6. Environmental Response/Health and Safety - page 25 7. Infrastructure Systems - page 28 8, Logistic and Supply Chain Management - page 29 9. Mass Care Services - page 30 10. Mass Search and Rescue Operations- page 31 :11. Operational Communications - page 33 12. Public Health, Healthcare, and Emergency, Medical Services page 34 13. Situational Assessment - page 35 Existing Capability Levels : eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Describe the existing capability levels, including resources that are currently in place to support this project prior to the use of grant funds. Currently, MetroCom stispatchers are certified Emergency Medical Dispatch (EMD) and utilize APCO's Emergency Medical Dispatch program with physical, flip chart, guide cards. Our quality assurance (QA) system is conducted by two Dispatch Supervisors who listen to random calls or sections of radio traffic for each, individual dispatchets. They utike Eventide Mediaworks to score arid , track the QA results. No taw Enforcement pre- and post- arrival instruction are in place at this time, Nexus to terrorism - Priority Dispatch is not currently available for medical nor law enforcement this process will aid in the reporting of suspicious activity or events and aid in the repose to an attack by providing a consistent process to the reporting, initial aid to ‘rictims via phone end coordination of EMS/LE response. Capability Gaps: Describe the capability gaps which will be addressed by the project. For federal Homeland Security Grants, include specific references to the regional or statewide State Preparedness Report (SPR). i. Operational Coordination Core Capability e Mission Areas: Ali a Description: Establish and maintain a unified and coordinated operational structure and process that appropriately integrates all critical stakeholders and supports the execution of core capabilities. Priority High Capability GaipOrganization Where feasible, align written doctrine with that of other coastal Bend area agencies to ensure standardized response procedures. Need operational solutions CBCO SPR Pg 10. Currently our staff are trained in Emergency Medical Dispatch (EMD), but the questions they ask, the priority they choose for the call, and the pre -arrival instructions are based only on the caller's information, the dispatcher's discretion and training, This leaves the process open for human error. For example, a caller calls in and states his friend has been shot. The dispatcher goes through the questions and medical protocol for a gun -shot wound, but does not inquire if the shooter is still active, It's not until the EMS arrive and report hearing active gun shots, that protocol for active shooters is begun. The guide cards leave room for human error as a dispatcher must decide which set of questions to utilize, The physical guide cards are also cumbersome and time-consuming. There is a card rack at each console and the dispatcher has to physically flip through each card to obtain the questions and information. Error could happen if the cards stick together or missing and it takes more time to turn/find each card instead of having everything on screen. Lastly, we currently do not have a law enforcement priority dispatch system et all. Standardized pre -arrival instructions i.1 for active shooters, bomb threats, terrorist threats, burglaries, domestic violence situations, etc; do not exist. Standardized information gathering questions also do not exist. With the Law Enforcement Priority Dispatch system, information gathering questions are built in. Dispatcher will be prompted to collect detailed descriptions of the suspect, vehicles, weapons, etc. and instantaneously relayed to the Police, Fire, EMS responder, immediately and more accurately, and saved in the call the, becoming a permanent part of the case data archive. Ctispatchers can rapidly send critical on -scene information to the appropriate emergency responders and update them in real time, Event location and callback information is also verified. The Law Enforcement and Medical Priority Dispatch System Project will also aid in the following Core Capabilities listed in the Regional SPR: 1, Planning - pages 2 through 5 2. Public Information and Warning - pages 6 through 8 3. Operational Coordination - pages t 9 through 11 4. intelligence and Information Sharing - pages 14 through 16 5. Risk and Disaster Resilience Assessment - pages 38 through 40 6, Environmental Response/Health and Safety - pages 45 through 47 7. infrastructure Systems - pages 52 and 53 8, Logistic and Supply Chain Management - pages 54 and 55 9. Mass Care Services - pages 56 and 57 10. Mass Search and i Rescue Operations- Pages 58 and 59 11. Operational Communications - pages 63 through 65 12. Public Health, Healthcare, and Emergency, Medical Services -- pages 66 through 68 13„ Situational Assessment - pages 69 and 70 Impact Statement : Describe the project goals/objectives and how this project will maintain capabilities or reduce capability gaps. The Law Enforcement and Medical Priority Dispatch System Project will allow MetroCorci's 9-1-1 Dispatchers to provide the nationally standardized, best practices, National Academies of Emergency Dispatch -Protocols for both medical and law enforcement scenarios to include terrorist attacks, natural disasters, active shooters, and other multi -jurisdictional, mass casualty situations. Once implemented, this project will immediately enhance our current systems for meeting the demand for public health and medical surge capacity by increasing our Dispatchers' ability to provide pre- and post -arrival instructions in critical situations expediting resources to our 361,350 customers in Corpus Christi and Nueces County. Liability risk will be reduced due to standardization and center certification. These tools will allow MetroCorn to provide streamlined information sharing, instruction, guidance, and prioritization to all aur customers; both the public health agencies we support and the citizens we serve in any catastrophic event. /t will help mitigate the loss of life and property; allow rapid response to save live lives, protect property and the environment; and will help first responders in providing basic human needs on the aftermath of any ] mass casualty event, including terrorism. Homeland Security Priority Actions: Identify the Texas Homeland Security Priority Action most closely aligned with this project. Each Priority Action is linked with an Objective from the Texas Homeland Security Strategic Plan (HSSP). List the Priority Action by number and text (e.g. 1.2.3 Expand and enhance the network of human sources that can provide detailed and relevant information on known or suspected terrorist and criminal enterprises.) il 4.4.4 Enhance current systems and develop new systems for meeting the demand for public health and trrierfical surge capacity. II 111 Target Group : Identify the target group and population expected to benefit from this project. MetroCom is the Public Safety Answering Point (PSAP) for: Corpus Christi Police Department, Nueces County Sheriff, Corpus Christi Fire Department, Nueces County Emergency Services Districts, Flour Bluff Fire Department, Annavilie Fire Department, 8luntzer Volunteer Fire Department, Agua Dulce Volunteer Fire Department, On a daily basis, we serve all of the previously mentioned public safety organizations and our primary community of Corpus Christi and Nueces County; population 361,350. However, in the event of catastrophic failure, we are the default PSAP for: Alice Police Department, Aransas Public Safety Center, Beeville Police Department, Bee County Sheriff, Brooks County Sheriff, Duval Sheriff, Freer Police Department, Ingleside Police Department, Jim Wells County Sheriff, Kingsville Police Department, Kieberg County Sheriff, Live Oak County Sheriff, Mathis Police Department, Port Aransas Police Department, Refugio County Sheriff, Robstown Police Department, San Patricio County Sheriff, and Victoria County Sheriff; and serve a population of approximately 690,801 citizens, (PSAP 361,350 and DEFAULT 329,451), Long -Term Approach: Describe how the applicant agency will maintain the capabilities supported by this project without additional federal or state funds. If sustainment is dependent upon federal or state grants, describe the ongoing need for future grants, as applicable. eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! ! !) Once this project is implemented tMetroCom will provide the yearly maintenance fee, trairsi c, and recertificatie costs within our current budget. Project Activities Information HSGP Instructions for Project Activity Selection Homeland Security Grant Program (HSGP) applicants should only select one project activity. The eGrants system will allow multiple selections, but each HSGP subrecipient project must fit into one and only one of the Investment Categories that are listed as project activities under the "Activity List". Selected Proiect Activities: ACTIVITY PERCENTAGE: DESCRIPTION Operational Coordination 100.00 The project will consist of: purchasing software and reference materials; installing essential software; training staff; certifying staff as Emergency Police AND Medical Dispatchers by the International Academies of Emergency Dispatch (IAED).; Enhancing existing dispatch center/emergency operations center to provide incident notification, coordination and awareness for local jurisdictions. Establishing and maintaining a unified and coordinated operational structure and process that integrates critical stakeholders. Measures Information Objective Output Measures OUTPUT MEASURE TARGET LEVEL Number of exercises conducted. 0 Number of individuals participating In exercises. 0 Number of operational coordination programs (EOCs/EOC systems or other Incident Command structures) created, maintained or enhanced. 1 Number of people trained. 86 Number of tralnings conducted. 16 Objective Outcome Measures OUTCOME MEASURE TARGET LEVEL Percent (°/") of responders at the appropriate Incident command structure (ICS) training level(s). 0 Custom Output Measures CUSTOM OUTPUT MEASURE TARGET LEVEL eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Custom Outcome Measures CUSTOM OUTCOME MEASURE TARGET LEVEL Resolution from Governing Body Applications from nonprofit corporations, local units of governments, and other political subdivisions must include a rescpiutiQn that contains the following: 1. Authorization by your governing body for the submission of the application to 00G/HSGD that clearly identifies the name of the project for which funding is requested; 2, A commitment to provide all applicable matching funds; 3. A designation of the name and/or title of an authorized official who is given the authority to apply for, accept, reject, alter, or terminate a grant (Note: If a name is provided, you must update HSGD should the official change during the grant period.); and 4. A written assurance that, in the event of loss or misuse of grant funds, the governing body will return all funds to HSGD. Upon approval from your agency's governing body, upload the approved resolution to eGrants by going to the Upload.Fites tab and following the instructions on Uploading eGrants riles. Contract Compliance Will HSGD grant funds be used to support any contractual or professional services? Select the Appropriate Response: X Yes No For applicant agencies that selected Yes above, describe how you will monitor the activities of the sub-contractor(s) for compliance with the contract provisions (including equipment purchases), deliverables, and all applicable statutes, rules, regulations, and guidelines governing this project. Enter a description for monitoring contract compliance: Contracted services will be procured using local and state procurement requirements/law and best practices. Lobbying For applicant agencies requesting grant funds in excess of $100,000, have any federally appropriated funds been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant loan, or cooperative agreement? Select the Appropriate Response: _ Yes X No — N/A For applicant agencies that selected either No or N/A above, have any non-federal funds been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with this federal contract, loan, or cooperative agreement? _ Yes X No N/A Fiscal Year Provide the begin and end date for the applicant agency's fiscal year (e.g., 09/01/20xx to 08/31/20xx). Enter the Begin Date [mm/dd/yyyy]: 10/1/2018 Enter the End Date [mm/dd/yyyy]: 9/30/2019 Sources of Financial Support Each applicant must provide the amount of grant funds expended during the most recently completed fiscal year for the following sources: Enter the amount ($) of Federal Grant Funds: 3667945 Enter the amount ($) of State Grant Funds: 3341188 Single Audit eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE r ! 1) Applicants who expend less than $750,000 in federal grant funding or less than $750,000 in state grant funding are exempt from the Single Audit Act and cannot charge audit costs to a HSGD grant. However, HSGD may require a limited scope audit as defined in 2 CFR Part 200, Subpart F - Audit Requirements. Has the applicant agency expended federal grant funding of $750,000 or more, or state grant funding of $750,000 or more during the most recently completed fiscal year? X Yes No Applicant agencies that selected Yes above, provide the date of your organization's last annual single audit, performed by an independent auditor in accordance with the State of Texas Single Audit Circular; or CFR Part 200, Subpart F - Audit Requirements. Enter the date of your last annual single audit: 3/29/2017 Debarment Each applicant agency will certify that it and its principals (as defined in 2 CFR Part 180,995): s Are not presently debarred, suspended, proposed far debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal Court, or voluntarily excluded from participation in this transaction by any federal department or agency; • Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or • Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in the above bullet; and have not within a three-year period preceding this application had one or more public transactions (federal, state, or local) terminated for cause or default. Select the appropriate response: (I Certify _ Unable to Certify Enter the debarment justification: FFATA Certification Certification of Recipient Highly Compensated Officers - The Federal Funding Accountability and Transparency Act (FFATA) requires Prime Recipients (HSGD) to report the names and total compensation of each of the five most highly compensated officers (a.k.a. positions) of each sub recipient organization for the most recently completed fiscal year preceding the year in which the grant is awarded if the subrecipient answers YES to the FIRST statement but NO to the SECOND statement listed below. In the sub recipient's preceding completed fiscal year, did the sub recipient receive: (1) 80 percent or more of its annual gross revenue from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; AND (2) $25,000,000 or more in annual gross revenue from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements? Yes X No Does the public have access to information about the compensation of the senior executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986? K Yes No If you answered YES to the FIRST statement and NO to the SECOND statement, please provide the name and total compensation amount of each of the five most highly compensated officers (a.k.a. positions) within your agency for the current calendar year. If you answered NO to the first statement you are NOT required to provide the name and compensation amounts. NOTE "Total compensation" means the complete pay package of each of the sub recipient's compensated officers, including all forms of money, benefits, services, and in-kind payments (see SEC Regulations: 17 CCR 229.402). Position 1 - Name: Position 1 - Total Compensation ($): 0 Position 2 - Name: Position 2 - Total Compensation ($): 0 Position 3 - Name: Position 3 - Total Compensation ($): 0 Position 4 - Name: Position 4 - Total Compensation ($): 0 Position 5 - Name: Position 5 - Total Compensation ($): 0 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! ! ! ) Homeland Security Information FUND SOURCE INFORMATION AND REQUIREMENTS DMS Project Type: Enhance integration of metropolitan area public health/medical and emergency management capabilities Capabilities Core Capability: Operational Coordination Identify if this investment focuses on building new capabilities or sustaining existing capabilities. : New Capabilities (Build) Are the assets or activities Deployable or Shareable: Shareable Check if this Investment requires new construction or renovation, retrofitting, or modification of existing structures _ Check if these funds will support a project that was previously funded with HSGP funding Project Manauement Step Involved: Check the step that most closely resembles the phase of the project activities to be completed during the grant period. Step: Execute Description: The period within the project lifecycle during which the actual work of creating the project's deliverables is carried out. Process: Involves directing, accomplishing, managing, and completing all phases and aspects of work for a given project. Milestones Milestone: Purchase Software; Completion Date: 02-01-2019 Milestone: Installation of Software; Completion Date: 04-01-2019 Milestone: Training on software; Completion Date: 05-01-2019 Milestone: Go live -run program; Completion Date: 07-01-2019 NIMS Resources _ Check if this project supports a NIMS typed resource Enter the name of the typed resources from the Resource Type Library Tool: Enter the ID of the typed resources from the Resource Type Library Tool: Fiscal Capability Information Section 1: Organizational Information Enter the Year in which the Corporation was Founded: Enter the Date that the IRS Letter Granted 501(c)(3) Tax Exemption Status: Enter the Employer Identification Number Assigned by the IRS: Enter the Charter Number assigned by the Texas Secretary of State: Section 2: Accounting System The grantee organization must incorporate an accounting system that will track direct and indirect costs for the organization (general ledger) as well as direct and indirect costs by project (project ledger). The grantee must establish a time and effort system to track personnel costs by project. This should be reported on an hourly basis, or in increments of an hour. Is there a list of your organization's accounts identified by a specific number (i.e., a general ledger of accounts). Select the appropriate response: _ Yes No Does the accounting system include a project ledger to record expenditures for each Program by required budget cost categories? Select the appropriate response: Yes _ No eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Is there a timekeeping system that allows for grant personnel to identify activity and requires signatures by the employee and his or her supervisor? Select the appropriate response. _ Yes No If you answered 'No' to any question above in the Accounting System section, in the space provided below explain what action will be taken to ensure accountability. Enter your explanation: Section 3: Financial Capability Grant agencies should prepare annual financial statements. At a minimum, current internal balance sheet and income statements are required. A balance sheet is a statement of financial position for a grant agency disclosing assets, liabilities, and retained earnings at a given point in time. An income statement is a summary of revenue and expenses for a grant agency during a fiscal year. Has the grant agency undergone an independent audit? Select the appropriate response: _ Yes No Does the organization prepare financial statements at least annually? Select the appropriate response: - Yes No According to the organization's most recent Audit or Balance Sheet, are the current total assets greater than the liabilities? Select the appropriate response: _ Yes No If you selected 'No' to any question above under the Financial Capability section, in the space provided below explain what action will be taken to ensure accountability. Enter your explanation: Section 4: Budgetary Controls Grant agencies should establish a system to track expenditures against budget and / or funded amounts. Are there budgetary controls in effect (e.g., comparison of budget with actual expenditures on a monthly basis) to include drawing down grant funds in excess of: a) Total funds authorized on the Statement of Grant Award? Yes - No b) Total funds available for any budget category as stipulated on the Statement of Grant Award? Yes _ No If you selected 'No' to any question above under the Budgetary Controls section, in the space provided below please explain what action will be taken to ensure accountability. Enter your explanation: Section 5: Internal Controls Grant agencies must safeguard cash receipts, disbursements, and ensure a segregation of duties exist. For example, one person should not have authorization to sign checks and make deposits. Are accounting entries supported by appropriate documentation (e.g., purchase orders, vouchers, receipts, invoices)? Select the appropriate response: _ Yes No Is there separation of responsibility in the receipt, payment, and recording of costs? Select the appropriate response: Yes - No If you selected 'No' to any question above under the Internal Controls section, in the space provided below please explain what action will be taken to ensure accountability. Enter your explanation: Budget Details Information Budget Information by Budget Line Item: CATEGORY SUB CATEGORY DESCRIPTION OOG CASH MATCH IN - KIND MATCH GPI TOTAL UNIT/°/a $68,131.59 $0.00 $0.00 $0.00 $68,131.59 0 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! !) Contractual and Professional Services 04AP-09-ALRT Systems, Public Notification and Warning Purchase 48 Software Licenses for dispatch and supported EOC including:. ProQA Police is 11 (total number of computers in Call -Taking). ProQA Medical is 11 (total number of computers in Call -Taking). Back -Up Police is 11 (total number of computers in Call -Taking). Back-up Medical is 11 (total number of computers in Call -Taking). Training license for ProQA Police is 2. Training license for ProQA Medical is 2. Equipment 05NP-00-SEIM System, Security Event/Incident Management Software user Cardsets/Guides for dispatchers to utilize for training and operational use. $10,890.00 $0.00 $0.00 $0.00 $10,890.00 Travel and Training In -State Registration Fees (Training) Training on software and certification of dispatchers in its use. The trip/travel expenses cover the airfare, hotel, rental car expenses for PDC to send 6 different instructors separately to certify 80 Dispatchers, 2 QA Specialists, and IT staff in $67,650.00 $0.00 $0.00 0.00 $67,650.00 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! ! ! ) EMDIEPD, Quality Assurance, and Settings Administration. That charge also coverts travel expense for PDC staff to perform installation of software, as wells as CAD calibration. Source of Match Information Detail Source of Match/GPI: DESCRIPTION MATCH TYPE AMOUNT Summary Source of Match/GPI: Total Report Cash Match In Kind GPI Federal Share GPI State Share $0.00 $0.00 $0.00 $0.00 $0.00 Budget Summary Information Budget Summary Information by Budget Category: CATEGORY OOG CASH MATCH IN-KIND MATCH GPI TOTAL Contractual and Professional Services $68,131.59 $0.00 $0.00 $0.00 $68,131.59 Equipment $10,890.00 $0.00 $0.00 $0.00 $10,890.00 Travel and Training $67,650.00 $0.00 $0.00 $0.00 $67,650.00 Budget Grand Total Information: OOG CASH MATCH IN-KIND MATCH GPI TOTAL $146,671.59 $0.00 $0.00 $0.00 $146,671.59 Condition Of Fundings Information eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !!!) Condition of Funding / Project Requirement Date Created Date Met Hold Funds Hold Line Item Funds Training Approval Review: Training must be approved by OOG and the Texas Training Point of Contact employed by the Texas Department of Public Safety, Texas Division of Emergency Management to ensure it falls within the FEMA mission to prepare state, local, tribal, and territorial personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and catastrophic events and the jurisdiction's Emergency Operations Plan. Please complete the Trainirlo Revew Form to begin the process. 6/11/2018 2:42:02 PM No Yes Please be advised that OOG has added a Condition of Funding (CoF) that will hold funds on a specific budget line item(s) that must be met. You can review the CoF by going to the Summary tab and Clicking on the View Condition of Funding link. Assuming all other Conditions of Funding noted on the Statement of Grant award have been met, you will be able to request reimbursement for any line item except for the one(s) with the fund hold until that fund hold is cleared.. 6/11/2018 2:42:02 PM No No You are logged in as User Name: Ioydneall AGENDA MEMORANDUM First Reading for the City Council Meeting of 01/15/2019 Second Reading for the City Council Meeting of 01/22/2019 DATE: December 19, 2018 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3932 Acceptance of $2,000 grant from Exxon Mobil Corporation to support Corpus Christi Fire Department CAPTION: Ordinance authorizing acceptance of $2,000 grant from Exxon Mobil Corporation for Exxon Mobil's "Good Neighbor Program"; and appropriating $2,000 into Fire Grant Fund PURPOSE: Each year Exxon Mobil Corporation gives out grants through its "Good Neighbor Program" to public safety agencies in their community to show its appreciation. This year it was awarded to the Corpus Christi Fire Department to be used specifically to purchase any equipment and/or supplies that will directly benefit firefighters. This grant was unsolicited. ALTERNATIVES: If we don't accept the donation, we will have to seek alternative funding. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: City Council approval of ordinance to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget FINANCIAL IMPACT: X Operating Revenue Capital Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $2,000.00 $2,000.00 BALANCE $2,000.00 $2,000.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the donation and appropriate the funds in the amount of $2,000.00. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of $2,000 grant from Exxon Mobil Corporation for Exxon Mobil's "Good Neighbor Program"; and appropriating $2,000 into Fire Grant 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 accept a donation from Exxon Mobil Corporation in the amount of $2,000 for Exxon Mobil's "Good Neighbor Program". SECTION 2. That $2,000 is appropriated in the No. 1062 Fire Grant Fund to be used specifically to enhance emergency response capabilities. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting 01/15/2019 Second Reading Ordinance for the City Council Meeting 01/22/2019 DATE: December 6, 2019 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief rrochacctexas.com (361) 826-3932 Accepting 2 grants totaling $85,124.28 from the Texas Office of the Governor— Homeland Security Grant Division CAPTION: Ordinance authorizing acceptance of two grants totaling $85,124.28 from Texas Office of the Governor — Homeland Security Grant Division, Homeland Security Grant Program; and appropriating $85,124.28 into Fire Grants Fund. PURPOSE: The Texas of the Governor — Homeland Security Grants Division has informed the City of Corpus Christi that our jurisdiction has been awarded two (2) grants totaling $85,124.28 from the Homeland Security Grant Program (HSGP). The purpose of the grants is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. A need analysis was conducted, and specialized equipment was identified before applying for the grants. When the special equipment is purchased it will be distributed to the appropriate departments. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Ordinance to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget. FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $85,124.28 $85,124.28 BALANCE $85,124.28 $85,124.58 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to accept and appropriate 2 grants totaling $85,124.28 for the purchase of special terrorism prevention equipment. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of two grants totaling $85,124.28 from Texas Office of the Governor — Homeland Security Grant Division, Homeland Security Grant Program; and appropriating $85,124.28 into Fire 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 2 grants totaling $85,124.28 from the Texas Office of the Governor — Homeland Security Grant Division, Homeland Security Grant Program (HSGP) for law enforcement terrorism prevention activities. Grant Number 3599401 Bomb Squad Enhancement Grant Number 3598801 Airport CBRNE Response Equipment $70,128.00 $14,996.28 Section 2. That $85,124.28 from the Texas Office of the Governor — Homeland Security Grant Division, Homeland Security Grant Program is appropriated into the No. 1062 Fire Grants Fund to carry out homeland security projects associated with each grant that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez 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 Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 11/30/2018 Office of the Governor 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, depai intents, 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: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: 3598801 10/23/2018 01/01/2019 - 06/30/2019 09/28/2019 HS -Homeland Security Grant Program (HSGP) Corpus Christi, City of Airport CBRNE Response Equipment Dorothy Caston 069457786 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: CFDA: 97.067 - Homeland Security Grant Program (HSGP) Federal Awarding U.S. Department of Homeland Security, Federal Emergency Management Agency Agency: Federal Award Date: Federal/State Award ID EMW-2018-SS-00022-S01 Number: Total Federal Award/State $89,859,753.00 Funds Appropriated: Pass Thru Texas Office of the Governor — Homeland Security Grants Division (HSGD) Entity Name: 8/17/2018 $14,996.28 $0.00 $0.00 $14,996.28 1/2 11/30/2018 Office of the Governor Is the Award No R&D: The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the Federal/State United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 31 Award core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Description: Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. 2/2 11/30/2018 Office of the Governor 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, depai intents, 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: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: 3599401 10/23/2018 01/01/2019 - 06/30/2019 09/28/2019 HS -Homeland Security Grant Program (HSGP) Corpus Christi, City of Bomb Squad Enhancement Dorothy Caston 069457786 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: CFDA: 97.067 - Homeland Security Grant Program (HSGP) Federal Awarding U.S. Department of Homeland Security, Federal Emergency Management Agency Agency: Federal Award Date: Federal/State Award ID EMW-2018-SS-00022-S01 Number: Total Federal Award/State $89,859,753.00 Funds Appropriated: Pass Thru Texas Office of the Governor — Homeland Security Grants Division (HSGD) Entity Name: 8/17/2018 $70,128.00 $0.00 $0.00 $70,128.00 1/2 11/30/2018 Office of the Governor Is the Award No R&D: The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the Federal/State United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 31 Award core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Description: Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. 2/2 AGENDA MEMORANDUM First Reading for the City Council Meeting of January 15, 2019 Second Reading for the City Council Meeting of January 22, 2019 DATE: January 15, 2019 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief RRocha@cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services Kimb2@cctexas.com (361) 826-3169 Purchase of 10 Chevrolet Tahoe Vehicles for CCFD CAPTION: Ordinance authorizing the purchase of ten Chevrolet Tahoe Vehicles from Caldwell Country Chevrolet, LLC, of Caldwell, Texas, via Buyboard for a total amount not to exceed $440,356; appropriating $440,356 from the unreserved fund balance of the General Fund; and amending the budget. PURPOSE: The purpose of this ordinance is to approve purchase of Chevrolet Tahoe vehicles for the Corpus Christi Fire Department. BACKGROUND AND FINDINGS: Reliability and dependability are essential for the operation of emergency response vehicles. These units are replacing emergency response vehicles utilized by the Chief Fire Officers. The current response units have over 120,000 miles and are not efficient use of vehicles based on reliability, maintenance and excessive wear and tear due to age. Utilization of the Buyboard provides competitive pricing for the City through competitive procurements that are in with compliance with Texas local and state 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 DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: X Operating Revenue Capital Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $440,356 $0.00 $440,356 Encumbered/Expended Amount $0.00 $0.00 $0.00 This item $440,356 $0.00 $440,356 BALANCE $0.00 $0.00 $0.00 Fund(s): General Funds Comments: Funding for this purchase is provided by the $2,120,909.38 reimbursement received via the Texas Ambulance Supplemental Payment Program. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Pricing Sheet Ordinance authorizing the purchase of ten Chevrolet Tahoe Vehicles from Caldwell Country Chevrolet, LLC, of Caldwell, Texas, via Buyboard for a total amount not to exceed $440,356; appropriating $440,356 from the unreserved fund balance of the General Fund; and amending the budget. WHEREAS, ten Chevrolet Tahoe vehicles are needed for the Corpus Christi Fire Department to replace current units; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and NOW, THEREFORE, BE IT ORDAINED 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. That funds in the amount of $440,356 are appropriated from the unreserved fund balance in General Fund for purchase of ten Chevrolet Tahoe vehicles. SECTION 3. That the FY2018-19 operating budget adopted by Ordinance No. 031548 is amended by increasing expenditures by $440,356. SECTION 4. The City Manager, or designee, is authorized to execute any documents necessary for the purchase of ten Chevrolet Tahoe vehicles from Caldwell Country Chevrolet, LLC, of Caldwell, Texas. Page 1 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 City of Corpus Christi Purchasing Division Buyer: Minerva Alvarado Price Sheet Chevrolet Tahoes TLGPC 521-16 Purchase Cost: $440,356.00 Caldwell Country Caldwell, TX ITEM DESCRIPTION QTY. UNIT UNIT PRICE EXTENDED PRICE 1 2019 Chevrolet Tahoe 2 EA $41,846.00 $83,692.00 2 2019 Chevrolet Tahoe 4 EA $49,983.00 $199,932.00 3 2019 Chevrolet Tahoe 3 EA $36,227.00 $108,681.00 4 2019 Chevrolet Tahoe 1 EA $47,651.00 $47,651.00 3 Buyboard Fee 1 EA $400.00 $400.00 Purchase Cost: $440,356.00 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of (January 15, 2019) Second Reading Ordinance for the City Council Meeting of (January 22, 2019) DATE: January 15, 2019 TO: Keith Selman, Interim City Manager FROM: Esther Velazquez, Assistant to the City Manager EstherV@cctexas.com 361.826.3093 Amending membership and expanding duties of the Corpus Christi Museum of Science and History Advisory Board CAPTION: Ordinance amending Chapter 2 of the Corpus Christi Code to modify Corpus Christi Museum of Science and History Advisory Board membership and expand advisory role. PURPOSE: The purpose of this item is to eliminate board member nominations by Friends of the Museum (Friends) and also to enhance member engagement of the Corpus Christi Museum of Science and History ("Museum") Advisory Board by expanding their roles and responsibilities. BACKGROUND AND FINDINGS: The Advisory Board is comprised of nine (9) voting members appointed by the Mayor, with consent of Council, and serves as an advisory to the Museum and to the City Council in matters of support and development of the Museum. The Advisory Board currently meets on a bi-monthly basis to provide advice in matters related to management of collections, acquisitions for the collections, disposition and deacquisition of objects in and for the collection, and use of Museum facilities. City Council remains the governing authority for the Museum. During the December 6, 2018 regular meeting, the Advisory Board approved amendments to the Ordinance that will eliminate the Friends' ability to nominate members. The Board feels it is important to keep a distinct separation between the company managing the Museum and nominations to the Board. The Board also approved expanding their role to include more engagement in programming, projects, strategic planning, fund raising and the financial health of the Museum. ALTERNATIVES: It is possible to continue with the current nominees and responsibilities. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Not applicable EMERGENCY / NON -EMERGENCY: This is a routine, non -controversial item. DEPARTMENTAL CLEARANCES: The Museum Advisory Board reviewed and approved this proposal on December 6, 2018. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not applicable RECOMMENDATION: Staff recommends adoption of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance — REDLINED Presentation Ordinance amending Chapter 2 of the Corpus Christi Code to modify Corpus Christi Museum of Science and History Advisory Board membership and expand advisory role BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Code of Ordinance, Section 2-90 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 2-90. - Created; membership; terms; filling vacancies. (a) There is hereby created the Corpus Christi Museum of Science and History Advisory Board which shall consist of nine {-members. The board members shall be appointed by the mayor with the advice and consent of the city council. (b) Their terms shall run for a full three {3) years. Upon the occurrence of any vacancy, it shall be filled for the unexpired term. (c) The board members shall be selected as follows: two (2) members shall be nominated by the Friends of the Museum; and seven (7) nine members shall be nominated by the mayor who shall seek ene {1) two members from higher education, two {2) members from the field of K-12 education, two {2) members from business community and two (2) three members from community advocates. Of these nine {9) members, at least one {1) member should have a background in science, technology, engineering, or math and one {1) member should have a background in history. (d) Ex officio members without vote shall include the city manager and the Superintendent of the Corpus Christi Independent School District, Calallen Independent School District, Flour Bluff Independent School District, Tuloso-Midway Independent School District, and West Oso Independent School District or their designated representative. SECTION 2. The Corpus Christi Code of Ordinance, Section 2-92 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 2-92. - Meetings; function. (a) The board shall hold regular meetings bimonthly and such special meetings as may be called by the chairman with notice to all members. (b) The advisory board shall serve as an advisor to the museum department City Manager and to the city council in matters of support and development of the museum _ _ . _ • .. . _ _ _ _ _ --• - • - - - _ - -• including but not limited to the following activities: (1) Advice on management of collections; (2) Advice on acquisitions for the collections; (3) Advice on disposition and the de -acquisition of objects in and for the collection; (4) Advice on use of museum facilities; (5) Advice on museum programming; (6) Advice on project accomplishments and impact; (7) Advice on strategic plans and engagement; (8) Engagement in grant development and fundraising; (9) Advice on capital improvement projects; (10) Serve as community advocates and liaisons; (11) Generate comprehensive report of accomplishments, challenges and recommended improvements; (12) Advice on management of museum; j3) Advice on financial health of museum; director of the museum shall implement such policies. SECTION 3. This ordinance is effective immediately upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor i 1 r CORPkJS CHRISTI MUSEUM of SCIENCE and HISTORY Corpus Christi Museum of Science & History Advisory Board Amendments Council Presentation January 15, 2019 Board Member Nominations CORPUS El RI TI MUSEUM of SCIENCE and HISTORY All Members Are Mayoral Appointees Nominated By Current Ordinance Proposed Ordinance Friends of the Museum Mayor Total Members 2 7 9 0 9 9 2 Board Member Categories CORPUS El RI TI MUSEUM of SCIENCE and HISTORY Current Ordinance Proposed Ordinance Friends of the Museum K-12 Education Higher Education Business Community Community Advocates Total Members * 2 0 2 2 1 2 2 2 2 3 9 9 *At least 1 Member should have a background in Science, Technology, Engineering or Math (STEM), and at least 1 Member should have a background in History. Ilk in 1 CORPUS El RI TI MUSEUM of SCIENCE and HISTORY Questions? 4 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of January 15, 2019 Second Reading Item for the City Council Meeting of January 22, 2019 DATE: TO: December 27, 2018 Keith Selman, Interim City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Authorize a three-year Airline Use and Lease Agreement with United Airlines for airline operations at Corpus Christi International Airport. CAPTION: Ordinance authorizing a three-year airline use and lease agreement with United Airlines to be effective as of October 1, 2017, with one two-year option. PURPOSE: United, American, and Southwest Airlines currently operate out of Corpus Christi International Airport (CCIA). A signatory airline use and lease agreement (AULA) is required for and details the terms and conditions for operation at CCIA. In addition, the AULA provides specifics on responsibilities and calculations of the rates and charges to the airlines. BACKGROUND AND FINDINGS: The 2014 Airline Use and Lease Agreement First Amendment between the City of Corpus Christi / Corpus Christi International Airport (CCIA) and United Airlines expired on September 30, 2017. Negotiations began in early January of 2017 with the expressed intent to have a new agreement in place by October 1, 2017. As a result of changes in some airline property managers, internal review processes and new terms and conditions, the finalization of an agreement was significantly delayed beyond September 30, 2017. The existing agreement has a "hold -over" provision that keeps operations going until a new agreement is executed. American and Southwest Airline agreements were previously approved by City Council on final reading on September 25, 2018. Negotiation sessions included Airport Senior Staff, City Attorney Staff along with Trillion Aviation ("Airport Team") and resulted in a successfully negotiated a three-year agreement with the three airlines serving CCIA. The three-year agreement reflects several modifications and terms that will benefit CCIA over the next few years. Following is brief recap of the major provisions/revisions of the agreement: 1. Cost recovery financial model. Includes a rates and charges model so that the fees billed to the airlines are determined based on actual costs and not predetermined set rates. This ensures proper allocation collection from the airlines. 2. Residual terminal cost center. The methodology for determining rental rates ensures that vacant space is paid for by the airlines (e.g., an unused gate) and the cost is not borne by the airport. 3. Revenue share control. Annually, the airport director at his discretion determines how much non -airline revenue is shared with the airlines to apply towards the airline rates. 4. Term flexibility. Airport has set a term and option period structure that allows flexibility for the airport to modify or renegotiate the agreement if a new entrant's incentives expire and a different methodology needs to be considered. CCIA Staff continues to work on additional service level plans with current carriers and from potential new entrants. As the airline environment continues to evolve, CCIA will continue to explore terms and conditions that will benefit our community and customers. ALTERNATIVES: No viable alternatives exist at this time. OTHER CONSIDERATIONS: Not Applicable EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget and Strategic Management FINANCIAL IMPACT: Operating ® Revenue Capital Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $878,811 $878,811 Encumbered / Expended Amount This item (additional revenue) $299,925 $299,925 BALANCE $1,178,736 $1,178,736 Fund(s): Airport Fund - 4610 Comments: None RECOMMENDATION: Staff requests approval of the lease agreement as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance United Airlines — Original Lease Agreements Ordinance authorizing a three-year airline use and lease agreement with United Airlines to be effective as of October 1, 2017, with one two-year option. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a three-year signatory airline use and lease agreement with United Airlines, Inc., with one two-year option to extend, and the agreement is ratified to be effective for all intents and purposes as of October 1, 2017. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, or word of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, or word of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, or word of this ordinance be given full force and effect for its purpose. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette Guajardo Greg Smith Gil Hernandez The foregoing ordinance was read for the second time and passed finally on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED this the day of , 2019 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Signatory Airline Use and Lease Agreement For Corpus Christi International Airport BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND UNITED AIRLINES, INC. OCTOBER 1, 2017 UNITED CONTRACT 185522 TABLE OF CONTENTS ARTICLE 1: DEFINITIONS 2 ARTICLE 2: EFFECTIVE DATE 7 ARTICLE 3: TERM 7 ARTICLE 4: PREMISES 8 ARTICLE 5: USE, OPERATION AND MAINTENANCE OF THE AIRPORT AND RELATED FACILITIES 9 ARTICLE 6: CAPITAL IMPROVEMENTS 19 ARTICLE 7: RENTALS, FEES, AND CHARGES 20 ARTICLE 8: CHANGES IN RATES FOR RENTALS, FEES, AND CHARGES 29 ARTICLE 9: SIGNATORY AIRLINE IMPROVEMENTS 31 ARTICLE 10: DAMAGE OR DESTRUCTION 33 ARTICLE 11: INDEMNIFICATION AND INSURANCE 35 ARTICLE 12: TERMINATION BY CITY 37 ARTICLE 13: TERMINATION BY SIGNATORY AIRLINE 40 ARTICLE 14: SURRENDER OF SIGNATORY AIRLINE PREMISES 41 ARTICLE 15: ASSIGNMENT AND SUBLETTING AGREEMENTS 42 ARTICLE 16: AVAILABILITY OF ADEQUATE FACILITIES 44 ARTICLE 17: GOVERNMENT INCLUSION 45 ARTICLE 18: GENERAL PROVISIONS 47 LIST OF EXHIBITS A Airport Layout B Leased Premises C (Reserved) D Designation of Responsibilities for Operation and Maintenance E Monthly Statistical / Activity Report F (Reserved) G Rentals, Fees and Charges — Demonstrative Illustration Calculation Example THIS AGREEMENT is made and entered into by and between the City of Corpus Christi, a municipal corporation and political subdivision of the state of Texas, hereinafter referred to as "City," and United Airlines, Inc., a corporation organized and existing under the laws of the state of Delaware and authorized to do business in the state of Texas, hereinafter referred to as "Signatory Airline." WHEREAS, City is the owner of the Corpus Christi International Airport, located in Corpus Christi, Texas, hereinafter referred to as the "Airport"; WHEREAS, City is responsible for the operation, maintenance and improvement of the Airport; WHEREAS, City has the right to lease and license the use of property and facilities on the Airport and has full power and authority to enter into this Agreement in respect thereof; and WHEREAS, Signatory Airline is a corporation primarily engaged in the business of scheduled transportation by air of persons, property, mail and/or cargo; WHEREAS, Signatory Airline desires to obtain certain rights, services and privileges in connection with the use of the Airport and its facilities, and City is willing to grant and lease the same to Signatory Airline upon the terms and conditions hereinafter stated; and WHEREAS, the intent of the parties hereto is to enter into an agreement which will more definitively specify the rights and obligations of the parties with respect to the operation of the Airport by City and the use and occupancy of Airport by Signatory Airline, and this Agreement is responsive to and in accordance with that intent; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, City and Signatory Airline do hereby mutually undertake, promise and agree, each for itself and its successors and assigns, as follows: 1 ARTICLE 1: DEFINITIONS The following words, terms and phrases wherever used in this Agreement shall for the purposes of this Agreement have the following meanings: Affiliate Airline means any Air Transportation Company that (i) operates flights under the designator code of a Signatory Airline, as designated in writing by Signatory Airline from time to time; (ii) operates under essentially the same trade name, or uses essentially the same livery, as Signatory Airline at the Airport; or (iii) is controlling, controlled by, or under common control with Signatory Airline. Designated Affiliate Airline shall have the rights afforded Signatory Airline without payment of any additional charges or premiums provided: (a) Signatory Airline remains a signatory to this Agreement; (b) Signatory Airline agrees and shall be obligated to serve as a financial guarantor for all rents, fees, and charges incurred by the Affiliate Airline on behalf of that particular Signatory Airline and that Signatory Airline has designated the Affiliate Airline to operate on its behalf at the Airport; and (c) the Affiliate Airline has executed an Operating Agreement with City. Agreement means this Signatory Airline Use and Lease Agreement between City and Signatory Airline, as the same may be amended or supplemented from time to time. Air Transportation Company means a company engaged in the business of scheduled or non-- scheduled commercial transportation by air of persons, property, mail, and/or cargo. Airfield means the runways, taxiways, taxilanes, Apron Area, and all other pavement used for the servicing and parking of aircraft and equipment. Airline Airport Affairs Committee (AAAC) means collectively the authorized representatives of each Signatory Airline which shall meet or conduct conference calls from time to time with representatives of the City to receive information and provide input from the Signatory Airlines with regard to the planning, development, operation and financing of the Airport. Airport means the Corpus Christi International Airport, owned and operated by the City, the boundaries of which are more particularly shown on Exhibit "A", attached hereto and made a part hereof, including all real property and easements, improvements and appurtenances thereto, structures, buildings, fixtures, machinery, equipment, vehicles, supplies and other tangible personal property, or interest in any of the foregoing, now or hereafter leased or acquired by City, less any thereof which may be consumed, sold or otherwise disposed of. 2 Airport Requirement means, for any Fiscal Year, the City's estimate of the following: (1) Operating and Maintenance Expenses; (2) Debt Service including coverage requirements but excluding Debt Service paid by passenger facility charges ("PFCs") and/or grants; (3) those amounts required to be deposited during the Fiscal Year to any fund created pursuant to the terms of the Master Bond Ordinance; (4) the amount of any judgment or settlement arising out of or as a result of the ownership, operation, or maintenance of the Airport or any City -owned or operated Airport -related facility payable by the City during said Fiscal Year, including, but not limited to, the amount of any such judgment or settlement arising out of or as a result of any claim, action, proceeding or suit alleging a taking of property or an interest in property without just or adequate compensation, trespass, nuisance, property damage, personal injury, or any other claim, action, proceeding, or suit based upon or relative to any environmental impact resulting from the use of the Airport for the landing and taking off of aircraft; (5) the amount, less grants, required to fund any eligible Capital Improvement on the Airport; and (6) any and all other sums, amounts, charges, or requirements of City related to the Airport to be recovered, charged, set aside, expensed, or accounted for during such Fiscal Year under City's accounting system or this Agreement; provided, however, that the Airport Requirement shall not include any amounts included in (1) through (6) that are (i) chargeable to a special facility, (ii) a direct charge to less than all Air Transportation Companies as a result of the terms of this Agreement, or (iii) incurred in connection with a tenant improvement. Apron Area means those parts of the aircraft parking area immediately adjacent to the Terminal, as designated by the City, that are used for the parking of aircraft and active ground service equipment, and the loading and unloading of aircraft as shown on Exhibit "B", attached hereto and made a part hereof. BIDS means the Baggage Information Display System. Bonds means any financing or debt instrument or obligation of the City issued for the purposes of improving the Airport. Capital Improvement means the Net Capital Cost to acquire, purchase or construct capital item(s) or project(s) for the purpose(s) of improving, maintaining, or developing the Airport including expenses for development, design, permitting, construction management, analysis, review or planning efforts with a cost greater than one hundred thousand dollars (>$100,000). 3 Capital Improvements must be amortized over the useful life of the asset. Debt Service means that portion of the principal and interest due on debt obligations created by the Master Bond Ordinance and all other Airport debt obligations. Deplaned Passenger means any passenger disembarking from an Air Transportation Company aircraft at the Terminal. Director means the Director of the Department of Aviation and shall include such person or persons as may from time to time be authorized by City or by the Director or applicable law to act for the Director with respect to any or all matters pertaining to this Agreement. Enplaned Passenger means any passenger boarding an Air Transportation Company aircraft at the Terminal. Exclusive Use Premises means those portions of the Terminal consisting of the airline ticket offices, operations space, and any baggage service office leased by Signatory Airline in the Terminal, as shown on Exhibit "B" to which Signatory Airline shall have exclusive use. FAA means the Federal Aviation Administration, or its authorized successor(s). Fiscal Year means the annual accounting period of City for its general accounting purposes which, at the time of entering into this Agreement, is the period of twelve consecutive months, beginning with the first day of October of any year. Gate Use Fee means the per turn facility use charge assessed to an Air Transportation Company for the ad hoc use of a gate holdroom and associated Apron Area. This fee is not applicable for use by Signatory Airline of its leased gate holdroom(s) and associated Apron Area(s). Such fees shall be derived annually based on an airport wide metric of total gate holdroom space and Apron Area times the applicable rental rates and then divided by the total commercial passenger airline operations. Joint Use Premises means the areas in the Terminal consisting of the baggage claim, tug drive, and security check areas as shown on Exhibit "B" which all Signatory Airlines use and share in the cost per the Joint Use Charges Formula. 4 Joint Use Charges Formula means that formula which prorates the total cost of Joint Use Premises among all Signatory Airlines based upon one hundred percent (100%) of each Signatory Airline's (and its Affiliate Airlines) proportionate share of Enplaned Passengers. Leased Premises means collectively, Signatory Airline's leased Exclusive Use Premises, Preferential Use Premises and Joint Use Premises as shown on Exhibit "B". Master Bond Ordinance means City's master bond ordinance number 024163 or any successor master bond ordinance that authorizes City to issue bonds or other debt instruments for the benefit of the Airport. Maximum Gross Landed Weight means the maximum certificated gross landing weight, as stated in each Air Transportation Company's flight operations manual, at which each category of aircraft type operated at the Airport by each Air Transportation Company is certificated by the FAA. MUFIDS means Multi -User Flight Information Display System. Net Capital Cost means the aggregate cost of any Capital Improvement less amounts used from the proceeds of: (i) grants-in-aid; (ii) PFCs; (iii) Bonds for which the Debt Service will not be paid from Rentals, Fees, and Charges; (iv) Bonds for which the Debt Service is to be paid for by PFCs, or (v) other financing by City for which the Debt Service will not be paid from Rentals, Fees, and Charges. Non -Signatory Airline means any Air Transportation Company providing service at the Airport that has not signed this Agreement or a substantially similar agreement and such Non -Signatory Airline shall pay one hundred twenty five percent (125%) of all applicable Rentals, Fees, and Charges. Operating Agreement means an agreement entered into by and between any designated Affiliate Airline, or any ground handling company acting on behalf of Signatory Airline, operating at the Airport and the City that shall define the operational and liability requirements between the parties consistent with the terms and conditions of this Agreement. 5 Operation and Maintenance Expenses (or "O&M Expenses") means, for any Fiscal Year, the costs incurred by the City in operating and maintaining the Airport during such Fiscal Year, either directly or indirectly, whether similar or dissimilar, which under generally accepted accounting principles, are properly chargeable as expenses to the Airport, including expenses allocated to the Airport by the City in accordance with practices and procedures of the City in accordance with the adopted budget, as may be revised by the City, and taxes payable by the City, if applicable, which may be lawfully imposed upon the Airport by entities other than the City. Preferential Use Premises means those portions of the Terminal consisting of the ticket counters and allocated queue space, the baggage make-up belt and support space, gate holdrooms, ground service equipment ("GSE") storage area, and Apron Area leased by Signatory Airline in or adjacent to the Terminal, as shown on Exhibit "B" to which Signatory Airline shall have priority over all other users. Rentals, Fees, and Charges means the rentals, fees, and charges payable by Signatory Airline pursuant to Article 7. Revenue Landing means any scheduled aircraft landing by an Air Transportation Company at the Airport for which Air Transportation Company makes a charge or for which revenue is derived for the transportation by air of persons, property, cargo or mail, but Revenue Landings shall not include Air Transportation Company's training flights or any landing of an aircraft which, after having taken off from Airport and without making a landing at any other airport, returns to land at Airport because of meteorological conditions, mechanical or operating causes, or any other reason of emergency or precaution. Revenues means income accrued by the City in accordance with generally accepted accounting practices, including investment earnings, from or in connection with the ownership or operation of the Airport or any part thereof, or the leasing or use thereof but specifically excluding: (a) non- operating income (and receipts) from the sale of assets or the amount from insurance claims, (b) federal, state or local grants-in-aid or reimbursements, and (c) PFCs. Signatory Airline means an Air Transportation Company that has executed this Agreement or a substantially similar agreement. Term means the period beginning on the Effective Date and, except as otherwise set forth 6 herein, terminating on the date set forth in Article 3. Terminal means the airline passenger terminal building owned and operated by City at the Airport. Terminal Equipment means all equipment provided and maintained by the City that is used by the Signatory Airline in the processing of Enplaned Passengers and Deplaned Passengers. Terminal Equipment includes MUFIDS, BIDS, baggage claim system, podium back wall screens, passenger loading bridges and gate baggage handling devices, supplemental power systems, and the public address system. The Terminal Equipment is subject to change during the Term of this Agreement. Additional words and phrases used in this Agreement but not defined herein shall have their usual and customary meaning. Singular means plural and vice versa, in context. ARTICLE 2: EFFECTIVE DATE 2.01 Effective Date. The Effective Date of this Agreement is October 1, 2017. 2.02 Termination of Prior Agreement. On the Effective Date, the Signatory Airline Use and Lease Agreement dated August 1, 2009, as amended, between Signatory Airline and City shall terminate. However, any terms, conditions or provisions specifically intended to survive the expiration or termination of that agreement shall continue in effect. ARTICLE 3: TERM 3.01. The Term of this Agreement begins on the Effective Date set forth in Article 2 and shall remain in effect for a period of three (3) years, terminating at 11:59 pm on September 30, 2020, subject to earlier termination as herein provided. 3.02. Upon expiration of the Term or the "extension period" under 3.03, if applicable, any occupancy of the Leased Premises by Signatory Airline will be considered a "holdover tenancy" and operate as a month-to-month tenancy under the same terms and conditions in this Agreement, except for Rentals, Fees and Charges. Unless the parties are engaged in good faith negotiations as reasonably determined by City, City shall have the right to establish and implement holdover Rentals, Fees, and 7 Charges in accordance with FAA's "Policy Regarding Airport Rates and Charges", upon thirty calendar days written notice from the Director. 3.03. So long as Signatory Airline is not in default of any terms of this Agreement, the Term of this Agreement may be extended for one (1) two-year "extension period" from October 1, 2020 through September 30, 2022. To extend, the City first shall give written notice to Signatory Airline of City's intent to extend the Agreement no less than six (6) months prior to the expiration of the Term of this Agreement. If Signatory Airline is willing to extend, Signatory Airline will provide the City written notice of Signatory Airline's intent within thirty (30) calendar days from receipt of the City's notice of intent to extend. Unless a majority of Signatory Airlines (majority, as measured both by number of Signatory Airlines and by total enplanements of the Signatory Airlines over the immediately preceding twelve month period from the written notice) specifically withhold concurrence to extend, this Agreement shall continue for the above designated extension period. If a majority of Signatory Airlines provide notice of intent to extend, but Signatory Airline does not provide prompt written notice of its intent to extend, then Signatory Airline will have no obligation to extend the Agreement and will continue as a holdover tenant on a month to month basis. Such Signatory Airline shall pay Rentals, Fees and Charges as a Non - Signatory Airline for the entire extension period. City shall provide written notification of the resulting Term extension, or lack thereof, to all Signatory Airlines. ARTICLE 4: PREMISES 4.01 Signatory Airline's Leased Premises. A. City does hereby lease and demise to Signatory Airline, and Signatory Airline does hereby lease and accept from City, the Leased Premises, as may be modified from time to time, as set forth in Exhibit "B". B. Any relocation or square footage changes to Signatory Airline's Exclusive Use Premises or Preferential Use Premises made by Signatory Airline after commencement of this Agreement requires the prior written approval of the Director. After approval, Signatory Airline will submit plans prior to the commencement of the change as well as "as -built" drawings following completion. Upon completion and acceptance by the Director, the changes shall be evidenced by an amendment to this Agreement with revised exhibits. C. In the event that changes to Exhibit "B" are made to reflect changes in the Leased 8 Premises other than those contemplated in Section 4.01 B above, then revised exhibits may be substituted herein without the necessity for formal amendment of this Agreement. D. Terminal Equipment owned or acquired by City for use by Signatory Airline in Signatory Airline's Leased Premises shall be maintained by the City and remain the property and under the control of the City. The cost of providing and maintaining Terminal Equipment shall be included in the O&M Expenses. 4.02 Employee Parking. City will make available area(s) at the Airport, which location may be adjusted from time to time at the sole discretion of the Director, for vehicular parking for Signatory Airline's employees based at the Terminal; provided however, such area(s) shall not be used for the storage of vehicles or trailers, or for parking when the employee is traveling for leisure. The City may establish and charge Signatory Airline a reasonable parking fee for all employee parking. Employee parking permits are for Signatory Airline's employees use only and are not transferable. 4.03 International Arrivals Facility. City has developed an international arrivals facility in the Terminal to be used by agencies of the United States Government, based upon demand, for the inspection of passengers and their baggage, and for the exercise of the responsibilities of said agencies with respect to the movement of persons and property to and from the United States. The gate holdroom area used for international passengers is used for domestic flights when not used for international arrivals. Any revenues collected for the international arrival uses of the gate holdroom area will be credited to the Terminal requirement in Article 7. ARTICLE 5: USE, OPERATION AND MAINTENANCE OF THE AIRPORT AND RELATED FACILITIES 5.01 Signatory Airline Rights and Privileges. Subject to the terms of this Agreement, Signatory Airline shall have the right to conduct Signatory Airline's air transportation business at the Airport and to perform the following operations and functions as are reasonably necessary to the conduct of such business at the Airport: A. The landing, taking off, flying over, taxiing, towing, and conditioning of Signatory Airline's aircraft and, in areas designated by City, the extended parking, servicing, loading or unloading, storage or maintenance of Signatory Airline's aircraft and support equipment subject to Sections 5.01.F, 5.01.G, and 5.02.C, subject to the availability of space, and to such reasonable charges 9 and regulations as City may establish; provided, however, Signatory Airline shall not permit the use of the Airfield by any aircraft operated or controlled by Signatory Airline which exceeds the load bearing design strength or capability of the Airfield as described in the then -current FAA - approved Airport Layout Plan ("ALP") or other engineering evaluations performed subsequent to the then -current ALP, including the then -current Airport Certification Manual, except in emergencies affecting human life. B. The sale of air transportation tickets and services, the processing of passengers and their baggage for air travel, and the sale, handling, and providing of mail, freight and express services. C. The training of personnel in the employ of or to be employed by Signatory Airline and the testing of aircraft and other equipment being utilized at the Airport in the operation of Signatory Airline's air transportation business; provided, however, said training and testing shall be incidental to the use of the Airport in the operation by Signatory Airline of its air transportation business and shall not unreasonably hamper or interfere with the use of the Airport and its facilities by others entitled to the use of same. The City reserves the right to restrict or prohibit such training and testing operations as it deems interferes with the use of the Airport. D. The sale, disposition or exchange of Signatory Airline's aircraft, engines, accessories, gasoline, oil, grease, lubricants, fuel or other similar equipment or supplies; provided, however, Signatory Airline shall not sell aviation fuels or propellants except (i) to such Air Transportation Company which is a successor company to Signatory Airline, (ii) an Air Transportation Company which is a wholly owned subsidiary or Affiliate Airline of Signatory Airline or (iii) when a comparable grade and type of fuel desired by others is not available at the Airport except from Signatory Airline. Signatory Airline may not sell, dispose of or exchange new or used gasoline, oil, greases, lubricants, fuel, or other propellants unless disposed of in a manner meeting all local, state, and federal regulations for those products requiring disposal due to routine maintenance. E. The purchase at the Airport or elsewhere, of fuels, lubricants and any other supplies and services, from any person or company, shall be subject to Section 5.01.D and to the City's right to require that each provider of services and/or supplies to Signatory Airline secures a permit from City to conduct such activity at the Airport, pays required fees, and abides by all reasonable rules and regulations established by City. No discriminatory limitations or restrictions shall be imposed by City that interfere with such purchases; provided, however, nothing herein shall be 10 construed to permit Signatory Airline to store aviation fuels at the Airport. The granting of the right to store aviation fuels shall be subject to the execution of a separate agreement between Signatory Airline and City. F. The servicing by Signatory Airline or its suppliers of aircraft being utilized at the Airport by Signatory Airline at Signatory Airline's Preferential Use Premises or such other locations as may be designated by the Director. Servicing at the Preferential Use Premises shall be limited to light maintenance supporting active flights. Maintenance on aircraft for flights that have been cancelled due to mechanical reasons may, at the discretion of the Director, be required to be towed away from the Terminal to a location designated by the Director. G. The loading and unloading of persons, property, cargo, and mail by motor vehicles or other means of conveyance approved by City on Signatory Airline's Exclusive Use Premises and Preferential Use Premises or such other locations as may be designated by the Director. H. The installation and maintenance, at Signatory Airline's expense, of identifying signs in Signatory Airline's Preferential Use Premises shall be subject to the prior written approval of the Director. The general type and design of such signs shall be harmonious and in keeping with the pattern and decor of the Terminal areas. Nothing herein shall be deemed to prohibit Signatory Airline's installation on the walls behind ticket counters identification and company logo signs as are customarily installed by Signatory Airline in such areas at comparable airport facilities. Signatory Airline shall not install any promotional signage in the Preferential Use Premises without the prior written consent of the Director. I. The installation, maintenance and operation, at no cost to City, of such radio communication, computer, meteorological and aerial navigation equipment and facilities in Signatory Airline's Exclusive Use Premises or Preferential Use Premises as may be necessary for the operation of its air transportation business; provided, however, that the location of such equipment and facilities, method of installation and type of equipment shall be subject to the prior written approval of the Director, which shall not be unreasonably withheld. City shall have the right to charge a reasonable fee, surcharge, or rental charge for any location outside of Signatory Airline's Exclusive Use Premises or Preferential Use Premises and shall be entitled to any revenues generated directly from the operation of such equipment. City may disapprove or require modification, removal, or relocation of such equipment if it interferes with other communication, meteorological, or aerial navigation systems operated by City, other tenants, or 11 governmental agencies. Upon abandonment or removal of any such system, Signatory Airline shall restore the Exclusive Use Premises or Preferential Use Premises or any other premises where the equipment is installed to its original condition, normal wear and tear excepted. J. Such rights of way as may reasonably be required by Signatory Airline for communications, computer equipment, telephone, interphone, conveyor systems and power and other transmission lines in areas not leased by Signatory Airline, subject to the availability of space and/or ground areas as reasonably determined by the Director. All communication cables are to be installed in cable trays (or otherwise properly supported) and shall be in compliance with all applicable building codes. Communication cable and internal electrical wires are the responsibility of Signatory Airline from the demarcation point and electrical wiring is the responsibility of Signatory Airline from the metered source. K. Signatory Airline shall provide real time electronic flight arrival and departure information through the City -installed MUFID and BID systems or by any other method to which Signatory Airline and the City agree. L. Signatory Airline shall have the right to use, in common with others so authorized, the public address system serving the Terminal. Signatory Airline shall not install, cause to be installed, or use any other public address system at the Terminal without the prior approval of City. The City reserves the right to establish a charge for the use of such system. M. The installation of personal property, including furniture, furnishings, supplies, machinery, equipment, and self -ticketing machines in Signatory Airline's Exclusive Use Premises or Preferential Use Premises as Signatory Airline may deem necessary or prudent for the operation of its air transportation business. Title to such personal property shall remain with Signatory Airline, subject to the provisions of this Agreement. N. Signatory Airline shall have the right to ingress to and egress from the Airport and Signatory Airline's Leased Premises for Signatory Airline's officers, employees, agents and invitees, including passengers, suppliers of materials, furnishers of services, aircraft, equipment, vehicles, machinery and other property. Such right shall be subject to 49 CFR Part 1542 Airport Security and all other applicable regulations and the City's right to establish rules and regulations governing (i) the general public, including Signatory Airline's passengers, and (ii) access to non- public areas at the Airport by Signatory Airline's employees, suppliers of materials and furnisher 12 of services; provided, however, any such rules and regulations of the City shall not unreasonably interfere with the operation of Signatory Airline's air transportation business. Further, the City reserves the right to, from time to time, temporarily or permanently restrict the use of any roadway or other area at the Airport. In the event of such restrictions, and as necessary, the City shall ensure the availability of a reasonably equivalent means of ingress and egress. The City will consult with Signatory Airline prior to any such closing which would adversely affect Signatory Airline's operations at the Airport unless such closing is necessitated by circumstances which pose an immediate threat to the health or safety of persons using the Airport. Signatory Airline hereby releases and discharges the City, its successors and assigns, from any and all claims, demands or causes of action which Signatory Airline may have arising from the fact that such areas have been closed. 0. The rights and privileges granted to Signatory Airline pursuant to this Article 5 may be exercised on behalf of Signatory Airline by other Signatory Airlines, Affiliate Airlines, or contractors authorized by City to provide such services at the Airport, subject to the prior written approval of City and further subject to all laws, rules, regulations and fees and charges as may be applicable to the activities undertaken. 5.02 Exclusions and Reservations. A. Nothing in this Article 5 shall be construed as authorizing Signatory Airline to conduct any business separate and apart from the conduct of its air transportation business at the Terminal. Signatory Airline shall not use or permit the use of any portion of Signatory Airline's Leased Premises for the purpose of selling, offering for sale, dispensing or providing any merchandise, food and beverages, products, services, or advertising that directly competes with an authorized Airport concession except for vending machines in Signatory Airline's Exclusive Use Premises not accessible to public and nothing contained herein is intended to or shall be construed to authorize or permit the Signatory Airline to conduct any activity or to operate any direct or indirect business operation which in any manner competes with any authorized concession activity at the Airport without the prior written of approval of the Director and the payment to the City of concession fees. However, payment of a concession fee will not be required from Signatory Airline and approval of the Director will not be required when (i) an authorized ground handling company services Signatory Airline pursuant to this Agreement, or (ii) Signatory Airline provides complimentary light snacks and bottled water to its passengers at the Airport under the following terms and conditions: in the event of certain extraordinary irregular operations (1) where 13 Signatory Airline has a designated flight "delay" program to provide complimentary light snacks and bottled water to its passengers, or (2) where the normal food and beverage concessionaire(s) operating in the Terminal on a regular basis is unable to provide food and beverage services, then Signatory Airline shall have the right to provide complimentary light snacks and bottled water to its passengers within the Signatory Airline's Preferential Use Premises. B. Signatory Airline shall not knowingly interfere or permit interference with the use, operation or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electrical, or other systems installed or located from time to time at the Airport; and Signatory Airline shall not engage in any activity prohibited by any future approved 14 CFR Part 150 program, or existing noise abatement procedures of FAA or as such may be amended from time to time, except in cases of emergencies or safety concerns. C. As soon as possible after release from proper authorities, Signatory Airline shall remove any of its disabled aircraft from the Airfield, shall place any such disabled aircraft only in such storage areas as may be designated by the Director, and shall store such disabled aircraft only upon such terms and conditions as may be established by the Director; provided, however, Signatory Airline shall be requested to remove such disabled aircraft from Signatory Airline's Preferential Use Premises only if deemed necessary in accordance with Article 16. In the event Signatory Airline shall fail to remove any of its disabled aircraft as expeditiously as possible, the Director may, but shall not be obligated to, cause the removal of such disabled aircraft; provided however, the Director shall give Signatory Airline prior written notice of its intent to do so and provided further that the Director shall use reasonable efforts to remove such aircraft. Signatory Airline shall pay to City, upon receipt of invoice, the costs incurred for such removal. D. Signatory Airline shall not do or permit to be done anything, either by act or failure to act, that shall cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance for the Airport, or that shall cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such Signatory Airline act, or failure to act, shall cause cancellation of any policy, then Signatory Airline shall immediately, upon notification by City, do whatever shall be necessary to cause reinstatement of said insurance. Furthermore, if Signatory Airline shall do or permit to be done any act not permitted under this Agreement, or fail to do any act required under this Agreement, regardless of whether 14 such act shall constitute a breach of this Agreement, which is the sole cause of an increase in the City's insurance premium for the Airport, Signatory Airline shall immediately remedy such actions and pay the increase in premium associated with the act upon notice from City to do so and after a sixty (60) calendar day period for Signatory Airline to contest the increase. E. City may, at its sole option, install or cause to be installed advertising and revenue generating devices, including vending machines, in Signatory Airline's Preferential Use Premises or Joint Use Premises; provided, however, that such installations shall not unreasonably interfere with Signatory Airline's operations authorized hereunder or substantially diminish the square footage contained in Signatory Airline's Preferential Use Premises or Joint Use Premises. City may also, at its sole option, install pay telephones, facsimile machines, or other self-service traveler amenities in any part of the Terminal; provided, however, installation of such devices in Preferential Use Premises shall be with Signatory Airline's prior consent, which consent shall not unreasonably be withheld or delayed. City shall be entitled to all income generated by such telephones and devices and to reasonable access upon Signatory Airline's Preferential Use Premises to install or service such telephones and devices. City reserves the right to install such devices in Preferential Use Premises or Joint Use Premises provided the installation does not disrupt passenger access. City will not install any advertising on Signatory Airline's ticket counter backwall or holdroom gate podium backwall. F. Signatory Airline must comply with, and require its officers and employees, contractors, and any other persons over whom it has control to comply with, such rules and regulations governing the use of Airport facilities pursuant to this Agreement as may from time to time be adopted and promulgated by City including, but not limited to, health, safety, environmental concerns, sanitation, and good order, and with such amendments, revisions, or extensions thereof as may from time to time be adopted and promulgated by City. Signatory Airline will not do or authorize to be done anything that may interfere with the effectiveness of the drainage and sewage system, water system, communications system, fire protection system, or other part of the utility, electrical or other systems installed or located from time to time at the Airport. G. Signatory Airline must coordinate training flights and other nonscheduled flight activities into and out of Airport with the Director. If requested by City, Signatory Airline must restrict all such activities to certain hours established by the Director so as to not unreasonably interfere with scheduled flight activities of other Air Transportation Companies using the Airport. 15 H. Signatory Airline must comply with all requirements of the Americans with Disabilities Act ("ADA"), as it may be amended, including without limitation paying for the cost of removing all of Signatory Airline's tenant improvement barriers within Signatory Airline's Exclusive Use Premises or Preferential Use Premises, necessary to gain access to the Signatory Airline's Exclusive Use Premises or Preferential Use Premises. I. Signatory Airline may use Terminal Equipment within Signatory Airline's Leased Premises. Signatory Airline shall ensure that those personnel involved in the use of Terminal Equipment are properly trained in the use and operation of the devices in a safe manner. Except to the extent prevented by Texas' Workers' Compensation law, Signatory Airline shall indemnify the City from any and all claims for damages made against the City due to injury, death, or damage to persons or property resulting from use of Terminal Equipment by Signatory Airline, its agents, employees, or officers. The City shall conduct maintenance on the Terminal Equipment so as to keep it in proper working order. Any necessary repairs to or replacement of the Terminal Equipment shall be the City's responsibility. If damage is caused by Signatory Airline's negligence or inappropriate use of the Terminal Equipment, the City will repair or replace the Terminal Equipment and charge Signatory Airline for such repair or replacement. J. The rights and privileges granted Signatory Airline pursuant to this Article 5.01 and Article 5.02 shall be subject to any and all reasonable rules and regulations established by City and to the provisions of Article 7. In case of a conflict between provisions of this Agreement and the Airport rules and regulations, the provisions of this Agreement shall prevail and control. K. Any and all rights and privileges not specifically granted to Signatory Airline for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to City. 5.03 City's Operation and Maintenance Obligations. A. City shall with reasonable diligence, prudently develop, improve, and at all times maintain and operate the Airport with adequate qualified personnel and keep the Airport in good repair, unless such maintenance, operation or repair shall be Signatory Airline's obligation pursuant to Exhibit "D", attached hereto and made a part hereof. B. City shall use reasonable efforts to keep the Airport and its aerial approaches free from 16 ground obstruction for the safe and proper use thereof by Signatory Airline. C. City shall not be liable to Signatory Airline for temporary failure to furnish all or any of such services to be provided in accordance with Exhibit "D" when due to mechanical breakdown or any other cause beyond the reasonable control of City. City shall use commercially reasonable efforts to i) ensure the good repair of the Airport and the services described in Exhibit "0"; and ii) eliminate a failure thereof in order to minimize the effect to Signatory Airline as soon as possible. D. City shall maintain Terminal Equipment, pursuant to Exhibit "D", and striping for ground service equipment locations at the Preferential Use Premises. 5.04 Signatory Airline's Operation and Maintenance Obligations. A. Signatory Airline shall, at all times and at its own expense, preserve and keep Signatory Airline's Exclusive Use Premises and Preferential Use Premises in an orderly, clean, neat and sanitary condition in accordance with Signatory Airline's obligations pursuant to Exhibit "D." B. Signatory Airline shall maintain, at its own expense, its Exclusive Use Premises and Preferential Use Premises as free as possible of any release of fuel, oil and debris. Signatory Airline agrees to comply with all applicable environmental laws, rules, regulations, orders and/or permits applicable to Signatory Airline's operations on or in the vicinity of the Airport, including but not limited to applicable National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, and/or disposal of hazardous or regulated substances (as such terms are defined under applicable law). Signatory Airline must not knowingly use, store, generate, treat, or dispose of any hazardous or regulated substances or waste on or near the Airport without first obtaining all required permits and approvals from all authorities having jurisdiction over Signatory Airline's operations on or near the Airport. If Signatory Airline determines at any time through any means that any threat of any potential harm to the environment, resulting from any release, discharge, spill, or deposit of any hazardous or regulated substance, has occurred or is occurring as a result of Signatory Airline's operations, which in any way affects or threatens to affect the Airport, or the persons, structures, equipment, or other property thereon, Signatory Airline must provide notice as soon as reasonably possible by verbal report in person or by telephone, to be promptly confirmed in writing to, (1) the Director, (2) the Airport's Public Safety Office, and (3) emergency response 17 centers and environmental or regulatory agencies, as required by law or regulation, and must follow such verbal report with written report where required by law. Signatory Airline agrees to cooperate fully with the City in promptly responding to, reporting, and remedying any threat of potential harm to the environment, resulting from any release or threat of release of hazardous or regulated substance from Signatory Airline's operations into the drainage systems, soils, ground water, waters, or atmosphere, in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. Signatory Airline will undertake all required remediation and all costs associated therewith, resulting from Signatory Airline's action or inaction which is directly or indirectly responsible for any failure of the Signatory Airline to materially conform to all applicable environmental laws, rules, regulations, orders and/or permits. The rights and obligations set forth in this section survive the termination of this Agreement. C. Signatory Airline shall maintain the heating ventilation and air conditioning system from the supply point which is the point at which the supply enters the Signatory Airline's Exclusive Use Premises and continuing throughout the Signatory Airline's Exclusive Use Premises. Signatory Airline must maintain electric loads within the designed capacity of the Airport's electrical system. Signatory Airline shall maintain fixtures, equipment, and the interior non-structural portions of its Exclusive Use Premises in good condition, normal wear and tear excepted and perform all ordinary repairs and inside painting of the Exclusive Use Premises. Such repairs and painting by Signatory Airline shall be of a quality similar to the original material and workmanship. D. Signatory Airline may dispose of routine daily trash in the City provided trash container without additional charge. However, Signatory Airline must dispose of non -routine daily trash, including without limitation, construction debris and other waste materials -including petroleum products, either directly or through an approved and permitted independent contractor. E. Signatory Airline will provide and maintain hand fire extinguishers for all Exclusive Use Premises in accordance with applicable safety codes. F. Signatory Airline will repair, at its cost, or at City's option reimburse City for the cost of repairing, replacing, or rebuilding any damages to Signatory Airline's Leased Premises caused by the acts or omissions of Signatory Airline, its sub lessee, or its or their respective officers, 18 employees, agents, contractors, or business invitees, including without limitation customers. Any repairs made by Signatory Airline are subject to inspection and approval by City. G. Signatory Airline may not erect, maintain or display on the Airport any billboards, banners, advertising, promotions, signs or materials without the prior written approval of Director. Signatory Airline must keep its ticket counter free of all printed material except required regulatory signs or conditions of travel and advertising displays. City may remove any unauthorized material or displays that are placed on the Airport without the Director's prior written approval. H. Should Signatory Airline fail to perform its material obligations hereunder, the City shall have the right to enter the Signatory Airline's Leased Premises and perform such activities; provided, however, other than in a case of emergency, the City shall give to Signatory Airline reasonable advance written notice of non-compliance, a minimum of ten (10) calendar days, prior to the exercise of this right. If such right is exercised, Signatory Airline shall pay to the City, upon receipt of invoice, the cost of such services plus a fifteen percent (15%) administrative fee. 5.05 Designation of Operation and Maintenance Responsibilities. In addition to the obligations of City and Signatory Airline set forth in Sections 5.03 and 5.04, responsibilities for maintenance, cleaning and operation of the Airport shall be as set forth in Exhibit "D". ARTICLE 6: CAPITAL IMPROVEMENTS 6.01 General. A. It is contemplated by the parties that from time to time during the Term of this Agreement, the City may undertake Capital Improvements to the Airport. B. In conjunction with submission of its annual budget, Director will notify Signatory Airline of its proposed Capital Improvements, including a sources and uses of funds plan for the ensuing Fiscal Year and City's estimates of the effect of such Capital Improvements on the Rentals, Fees, and Charges paid by Signatory Airlines. It is expressly acknowledged that Exclusive Use Premises are ineligible for certain funding sources, such as PFCs, and as such that any Capital Improvement costs impacting the Exclusive Use Premises will be funded through Rentals, Fees, and Charges paid by Signatory Airlines. 19 C. The City agrees, at the written request of the AAAC, to meet collectively or conduct a conference call with the Signatory Airlines within thirty (30) calendar days after notification to Signatory Airline of said annual budget to further discuss the Capital Improvements. City agrees to consider the comments and recommendations of the AAAC with respect to said Capital Improvements. 6.02 Grants -In -Aid. City will use its best efforts to obtain maximum development grants-in-aid federal funding. ARTICLE 7: RENTALS, FEES, AND CHARGES Signatory Airline shall pay City rentals for use of Signatory Airline's Leased Premises, and fees and charges for the other rights, licenses, and privileges granted hereunder during the Term of this Agreement ("Rentals, Fees, and Charges"). For each Fiscal Year, the Rentals, Fees, and Charges payable by all Signatory Airlines and their designated Affiliate Airlines for the Airfield, Apron Area, and Terminal shall be calculated as set forth below. Exhibit "G", attached hereto and made a part hereof, provides a demonstrative illustration example of the Rentals, Fees and Charges calculations as described further in Article 7. The City shall notify the Signatory Airlines for each Fiscal Year of the actual Rentals, Fees, and Charges pursuant to Article 8. 7.01 Landing Fees. Signatory Airline shall pay to City fees for Revenue Landings at the Airport. Signatory Airlines' landing fees shall be calculated to include all allocated portions of the Airport Requirement associated with the Airfield, excluding the Apron Area and designated GSE storage area, minus any adjustments due to allocated credits (e.g., Non -Signatory Airlines' landing fees) and Airport discretionary revenue applied. These landing fees will be determined as the product of the associated landing fee rate and all Signatory Airlines' total landed weight. A Signatory Airline's total landed weight shall be determined as the resulting product of the Maximum Gross Landed Weight of each Signatory Airline's landing aircraft times the number of Revenue Landings of each of Signatory Airline's aircraft. 7.02 Terminal Rentals. Signatory Airline shall pay to City rentals for Terminal use at the Airport. Signatory Airlines' Terminal rentals shall be calculated to include all allocated portions of the Airport Requirement associated with the Terminal minus any adjustments due to allocated credits and Airport discretionary revenue applied to arrive at a Terminal requirement. The Terminal requirement will be 20 divided by the square footage of all Signatory Airlines' Leased Premises to determine the Terminal rental rate. Each Signatory Airline's Terminal rentals are a) product of the square footage of its Exclusive Use Premises and Preferential Use Premises times the Terminal rental rate, plus b) the quotient of the total Terminal revenue due associated with the Joint Use Premises divided by its proportionate share per the Joint Use Charges Formula. 7.03 Apron Area Fees. Signatory Airline shall pay to City fees for Apron Area use at the Airport. Signatory Airlines' Apron Area fees shall be calculated to include all allocated portions of the Airport Requirement associated with the Apron Area minus any adjustments due to allocated credits and Airport discretionary revenue applied to arrive at an Apron Area requirement. Each Signatory Airline's Apron Area fees are the product of the square footage of its leased Apron Area times the Apron Area rate. 7.04 GSE Storage Area Charges. Signatory Airline shall pay to City charges for GSE storage area use at the Airport. Signatory Airline shall have a designated area at which it may park "non-active" ground service equipment. The GSE storage area charges shall be based on the same per square foot rate as the Apron Area rate. Each Signatory Airline's GSE storage area charges are the product of its leased GSE storage area times the Apron Area rate. The GSE storage area is represented on Exhibit 7.05 Gate Use Fees. Signatory Airline shall pay to City fees for each ad hoc use of a gate that is not preferentially leased by Signatory Airline. Signatory Airline shall report on a monthly basis its total gate uses for the previous month. 7.06 Other Fees and Charges. A. City expressly reserves the right to assess and collect the following: (1) Signatory Airline must report to City all charter flights handled or operated by Signatory Airline as follows: (i) if the charter flight is handled by Signatory Airline with its own aircraft or the aircraft of a designated Affiliate Airline in Signatory Airline's Leased Premises, Signatory Airline will pay the Signatory landing fees, Apron Area fees, and Terminal rentals for Joint Use Premises; (ii) if the charter flight is an aircraft owned and operated by a Non -Signatory Airline (on its own behalf and not on behalf of the Signatory Airline) and is handled in Signatory Airline's Exclusive Use Premises or Preferential Use 21 Premises, Signatory Airline must report the charter activity and the Non -Signatory Airline must pay the Non -Signatory Airline Terminal rentals for the Joint Use Premises; or (iii) if the charter flight is an aircraft owned and operated by a Non -Signatory Airline and handled outside Signatory Airline's Exclusive Use Premises or Preferential Use Premises, Signatory Airline must report the activity to City and the Non -Signatory Airline must pay the Non -Signatory Airline Rentals, Fees, and Charges as established by the City, subject to adjustment from time to time. (2) Reasonable and non-discriminatory fees and charges for services or facilities not enumerated in this Agreement, but provided by City including, but not limited to, Federal Inspection Services ("FIS") fee, Airport based employee vehicle parking fees, non -airport based employee/contractor parking fees, remote aircraft parking fees, security badging fees, excess GSE parking fees, security fees, and any other fee that may be adopted to recover costs as a result of the requirement to remain compliant with FAA, Department of Homeland Security, or any other governmental body that has jurisdiction over the Airport requirements. B. City reserves the right to charge Signatory Airline, its employees or contractors, a reasonable fee for identification badges provided at the Airport. C. Signatory Airline shall pay charges for other services or facilities requested by Signatory Airline and provided by City to Signatory Airline. Such services or facilities may include, but are not limited to, special maintenance of Signatory Airline's Leased Premises including janitorial services or equipment/vehicle storage areas. The fees for these services shall be established by the Director. D. Signatory Airline shall pay the required fees for all permits and licenses necessary for the conduct of Signatory Airline's air transportation business at the Airport. Signatory Airline shall pay all electricity, gas, and water and sewerage fees and charges for its Leased Premises, if separately metered. Signatory Airline shall also pay all taxes, assessments, and charges which, during the Term of this Agreement, may become a lien or which may be levied by the state, county, or any other tax levying body, upon any taxable interest by Signatory Airline acquired in this Agreement, or any taxable possessory right which Signatory Airline may have in or to the premises or facilities leased hereunder, or the improvements thereon, by reason of its occupancy thereof, or otherwise, as well as taxes, assessments, and/or charges on taxable property, real 22 or personal, owned by Signatory Airline in or about said premises. Upon any termination of tenancy, all taxes then levied or a lien on any of said property, or taxable interest therein, shall be paid in full and without pro -ration by Signatory Airline forthwith, or as soon as a statement thereof has been issued by the tax collector, if termination occurs during the interval between attachment of the lien and issuance of statement. However, Signatory Airline shall not be deemed to be in default under this Agreement for failure to pay taxes pending the outcome of any proceedings instituted by Signatory Airline to contest the validity or the amount of such taxes, provided that such failure to pay does not result in any forfeiture. 7.07 Payments. A. Payments of one -twelfth (1/12) of the total annual rentals for Signatory Airline's Exclusive Use Premises and Preferential Use Premises (7.02, 7.03, and 7.04) shall be due in advance, without demand, on the first calendar day of each month. Said rentals and charges shall be deemed delinquent if payment is not received by the fifteenth (15th) calendar day of the month. B. Signatory Airline's landing weights activity, enplanements, and non -leased gate turns shall be reported on or before the tenth (10th) calendar day of each month following activity. City will provide Signatory Airline with an invoice within five (5) calendar days following receipt of the activity report, and payment of fees for Landing Fees (7.01), Joint Use Premises rentals (7.02) and Gate Use Fees (7.05) is due on the thirtieth (30th) calendar day of each month following the month in which such activity occurs. Said fees shall be deemed delinquent if payment is not received on the date due. C. [Reserved] D. Payment for all other fees and charges due hereunder that are subject to invoice shall be due to City within thirty (30) calendar days of the date of such invoice. E. City shall provide written notice of any and all payment delinquencies, including payments of any deficiencies which may be due as a result of the City's estimates of activity pursuant to Section 7.07.F below or due to an audit performed pursuant to Section 7.08.D.; provided however, interest at the lower of one and one-half percent (1 1/2 %) per month, or the highest rate allowable by applicable state law, shall accrue against any and all delinquent payments from the date due until the date payments are received by City. This provision shall not preclude City 23 from terminating this Agreement for default in the payment of Rentals, Fees or Charges, as provided for in Section 12.03, or from exercising any other rights contained herein or provided by law. F. In the event Signatory Airline fails to submit its monthly activity report as required, City shall estimate the Rentals, Fees, and Charges based upon the greater of one hundred twenty- five percent (125%) of the previous month's activity or the same month's prior year activity reported by Signatory Airline and issue an invoice to Signatory Airline for same. If no activity data is available, City shall reasonably estimate such activity and invoice Signatory Airline for same. Signatory Airline shall be liable for any deficiencies in payments based on estimates made under this provision; payment for said deficiencies shall be deemed due as of the date such rental was due and payable. If such estimate results in an overpayment by Signatory Airline, City shall apply such overpayment as a credit against subsequent amounts due for such Rentals, Fees and Charges from Signatory Airline; provided, however, Signatory Airline shall not be entitled to any credit for interest on payments of such estimated amounts. G. In the event Signatory Airline's obligations with respect to Signatory Airline's Leased Premises or rights, licenses, services or privileges granted hereunder shall commence or terminate on any date other than the first or last calendar day of the month, Signatory Airline's Rentals, Fees, and Charges shall be prorated on the basis of the number of calendar days such premises, facilities, rights, licenses, services, or privileges were enjoyed during that month. H. All payments due and payable hereunder shall be paid in lawful money of the United States of America, without set off, by electronic funds transfer or by check made payable to the Corpus Christi International Airport and delivered to: Corpus Christi International Airport Accounts Receivable Division 1000 International Drive Corpus Christi, TX 78406 7.08 Information to be Supplied by Signatory Airline. A. Not later than ten (10) calendar days after the end of each month, Signatory Airline shall file with the City a written report in the format as set forth in Exhibit "E" for activity conducted by Signatory Airline and its designated Affiliate Airline(s) during said month and for activity handled 24 by Signatory Airline for other Air Transportation Companies not having a Signatory Agreement with City providing for its own submission of activity data to City. B. City shall have the right to rely on said activity reports in determining Rentals, Fees, and Charges due hereunder; provided, however, Signatory Airline shall have full responsibility for the accuracy of said reports including the sum and product totals. Payment deficiencies due to incomplete or inaccurate activity reports shall be subject to interest charges as set forth in Section 7.07.E. C. Signatory Airline shall at all times maintain and keep books, ledgers, accounts or other records, wherein are accurately kept all entries reflecting the activity statistics to be reported pursuant to Section 7.07. Such records shall be retained by Signatory Airline for a period of three (3) years subsequent to the activities reported therein, or such other retention period as set forth in 14 CFR Part 249, and made available at Corpus Christi, Texas, for audit and/or examination by City or its authorized representative during normal business hours. Signatory Airline shall produce such books and records at Corpus Christi, Texas, within thirty (30) calendar days of written notice to do so or pay all reasonable expenses including, but not limited to, transportation, food and lodging necessary for an auditor selected by City to audit said books and records at a place selected by Signatory Airline. D. The cost of audit, with the exception of the aforementioned expenses, shall be borne by City as O&M Expenses; provided however, the total cost of said audit shall be borne by Signatory Airline if either of the following conditions exist: (1) The audit reveals an underpayment of more than ten percent (10%) of Rentals, Fees, and Charges due hereunder, as determined by said audit; or (2) Signatory Airline has failed to maintain true and complete books, records, accounts, and supportive source documents in accordance with Section 7.08.C. 7.09 Security for Payment. A. Unless Signatory Airline has provided regularly scheduled flights to and from the Airport during the eighteen (18) months prior to the Effective Date of this Agreement without the occurrence of any act or omission that would have been an event enumerated in Section 12.01 25 of this Agreement, if this Agreement had been in effect during that period, Signatory Airline shall provide City on the Effective Date of this Agreement with a contract bond, irrevocable letter of credit or other similar security acceptable to City ("Contract Security") in an amount equal to the estimate of three (3) months' Rentals, Fees, and Charges payable by Signatory Airline pursuant to this Article 7, to guarantee the faithful performance by Signatory Airline of its obligations under this Agreement and the payment of all Rentals, Fees, and Charges due hereunder. Signatory Airline shall be obligated to maintain such Contract Security in effect until the expiration of eighteen (18) consecutive months during which period Signatory Airline commits no event enumerated in Section 12.01 of this Agreement. In the event the City draws from the Contract Security during the eighteen (18) month period due to past due payments due from Signatory Airline to the City, Signatory Airline shall replenish such amount within five (5) business days upon written notice. Such Contract Security shall be in a form and with a company reasonably acceptable to City. In the event that any such Contract Security shall be for a period less than the full period required by this Section 7.09.A. or if Contract Security shall be canceled, Signatory Airline shall provide a renewal or replacement Contract Security for the remaining required period at least sixty (60) calendar days prior to the date of such expiration or. cancellation. B. Notwithstanding the above Section 7.09.A, City shall have the right to waive such Contract Security requirements for a Signatory Airline which has not provided regularly scheduled flights to and from the Airport during the eighteen (18) months prior to the Effective Date of its Signatory Airline agreement. Any such waiver by City shall be conditioned upon said Signatory Airline having provided regularly scheduled flights at three (3) other airports with activity levels and characteristics similar to Airport during the most recent eighteen (18) month period without committing any material default under the terms of the respective lease and use agreements at each of the three (3) facilities and without any history of untimely payments for rentals, fees and charges. The burden shall be on Signatory Airline to demonstrate to the City its compliance with these requirements by providing written documentation from three (3) other airports selected by City. C. If Signatory Airline is delinquent in any debt due to the City for a period greater than ninety (90) calendar days or delinquent twice over a period of six (6) months, the City shall impose or re -impose the requirements of Section 7.09.A on Signatory Airline. D. Upon the occurrence of any Signatory Airline act or omission that is an event enumerated in Section 12.01, or upon election to assume this Agreement under Federal Bankruptcy Rules 26 and Regulations, as such may be amended, supplemented, or replaced, City, by written notice to Signatory Airline given at any time within ninety (90) calendar days of the date such event becomes known to City, may impose or reimpose the requirements of Section 7.09.A on Signatory Airline. In such event, Signatory Airline shall provide City with the required Contract Security within ten (10) calendar days from its receipt of such written notice and shall thereafter maintain such Contract Security in effect until the expiration of a period of eighteen (18) consecutive months during which Signatory Airline commits no additional event enumerated in Section 12.01. E. If Signatory Airline fails to obtain and/or keep in force such Contract Security required hereunder, such failure is grounds for immediate termination of this Agreement pursuant to Section 12.01. City's rights under this Section 7.09 shall be in addition to all other rights and remedies provided to City under this Agreement. 7.10 Passenger Facility Charg. A. Signatory Airline acknowledges City has the right to assess Signatory Airline's enplaned passengers a PFC for the use of the Airport in accordance with 49 U.S.C. §40117 and the rules and regulations thereunder (14 CFR Part 158, the "PFC Regulations") and as otherwise hereinafter authorized or permitted. Signatory Airline shall collect on behalf of and remit to City any such charges in accordance with the requirements of the PFC Regulations including, but not limited to, holding any charges collected by Signatory Airline, pending remittance to City, in trust for the benefit of City. City shall have the right to use all such PFC revenue collected in any lawful manner. B. Signatory Airline and City shall be bound by and shall observe all of the provisions of the PFC Regulations as they apply to each party. C. If Signatory Airline fails to remit PFC revenue to City within the time limits established by the PFC Regulations (no later than the last calendar day of the following calendar month), Signatory Airline shall be deemed to be in default pursuant to Section 12.01. Any late payment of PFCs shall be subject to interest computed in accordance with Section 7.07. 7.11 Capitalized Interest on Bonds. Bonds issued by the City will provide for the capitalization of interest, by project, during the construction period for each respective project; and the City intends for 27 Debt Service on Bonds to be capitalized until substantial completion of projects financed, in part, from the proceeds of Bonds; provided however, that in the event any Debt Service applicable for Bonds shall become payable from Revenues prior to substantial completion of projects, the Debt Service will be allocated to cost centers in the same manner as the related project costs (net of any PFC funding) are allocated to cost centers. 7.12 Continuation of Rentals. If Signatory Airline ceases service at the Airport prior to the end of the Term of the Agreement or extension thereof as provided for in Section 13.01, Signatory Airline will continue to pay rentals on Exclusive Use Premises and Preferential Use Premises until the end of the Term of the Agreement or extension thereof. However, in no event shall the annual amount due from Signatory Airline be less than the dollar equivalent of twenty percent (20%) of the total Joint Use Premises rentals divided by the total number of Signatory Airlines immediately prior to the time Signatory Airline ceases service at the Airport. 7.13 Charges for Services. The provisions contained in Article 7 shall not preclude the City from seeking reimbursement from Signatory Airline or any Air Transportation Company for the cost of services provided to Signatory Airline or any Air Transportation Company in compliance with any federal law, rule or regulation which is enacted or amended subsequent to the execution of this Agreement, or for any services or facilities provided subsequent to the execution date of this Agreement, the cost of which is not currently included in the estimated requirement used to calculate Rentals, Fees, and Charges under this Agreement. 7.14 Extraordinary Coverage. Signatory Airline shall pay extraordinary coverage protection payments in the rates for Rentals, Fees, and Charges at the Airport in any Fiscal Year in which the amount of Revenues less O&M Expenses is projected to be less than the minimum coverage required on Debt Service as may be required by the covenants, including any Debt Service on general obligation debt held by the City on behalf of the Airport. Any amounts which must be collected for such extraordinary coverage protection payments will be allocated to the Airfield and Terminal on the basis of the net requirement of such cost centers' requirements. 7.15 No Further Charges. Except as stated in this Article 7 or as detailed elsewhere in this Agreement, no further Rentals, Fees and Charges shall be charged by the City to Signatory Airline, for the use of Signatory Airline's Leased Premises and the rights, licenses, and privileges granted to Signatory Airline; provided however, nothing shall preclude the City from imposing fees for additional uses, equipment, facilities and services, or from imposing fines, penalties, and assessments for the 28 enforcement of City's rules and regulations. ARTICLE 8: CHANGES IN RATES FOR RENTALS, FEES, AND CHARGES 8.01 Annual Rate Changes. A. Except for the initial Fiscal Year of this Agreement, no later than sixty (60) calendar days prior to the end of each Fiscal Year, City shall notify Signatory Airline of the proposed schedule of rates for Rentals, Fees, and Charges for the ensuing Fiscal Year. Said rates shall be calculated in accordance with and pursuant to Article 7. For the initial Fiscal Year, the Rentals, Fees and Charges will be provided to Signatory Airline in writing within two weeks of City's execution of this Agreement. B. The Signatory Airlines, through the AAAC, shall have the right to review and comment upon the proposed operating budget and annual Capital Improvement projects. No later than thirty (30) calendar days after the forwarding of the proposed schedule of rates for Rentals, Fees, and Charges, the City agrees to meet or arrange a conference call with the AAAC at a mutually convenient time for the purpose of discussing such Rentals, Fees, and Charges. In advance of that meeting/call, the City shall make available to the AAAC any reasonably requested additional information relating to the determination of the proposed rates. The City agrees to fully consider the comments and recommendations of the Signatory Airlines prior to finalizing its schedule of rates for Rentals, Fees, and Charges for the ensuing Fiscal Year. C. Following that meeting/call, the City shall notify Signatory Airline of the rates for Rentals, Fees and Charges to be established for the ensuing Fiscal Year. D. If calculation of the new rates for Rentals, Fees, and Charges is not completed by the City and the notice provided in Section 8.01.0 is not given prior to the end of the then current Fiscal Year, Signatory Airline will be provided written notice that rates for Rentals, Fees, and Charges then in effect shall continue to be paid by Signatory Airline until such calculations are concluded and such notice is given. Upon the conclusion of such calculations and the giving of such notice, City shall determine the differences, if any, between the actual Rentals, Fees, and Charges paid by Signatory Airline to date for the then current Fiscal Year and the rates for Rentals, Fees, and Charges that would have been paid by Signatory Airline if said rates had been in effect beginning on the first calendar day of the Fiscal Year. Those differences shall be applied to the particular 29 Rentals, Fees, and Charges for which any differences in rates resulted in an overpayment or underpayment and shall be remitted by Signatory Airline or credited or refunded by the City in the month immediately following the calculation of the new Fiscal Year's rates for Rentals, Fees, and Charges. 8.02 Other Rate Changes. Rates for Rentals, Fees, and Charges may be changed up to once per Fiscal Year at any time that unaudited monthly Airport financial data indicates that total Rentals, Fees, and Charges payable pursuant to the then current rate schedules are estimated and anticipated by the City to vary by more than ten percent (10%) from the total Rentals, Fees, and Charges that would be payable based upon the use of the projected monthly financial data then available for said Fiscal Year. Rates for Rentals, Fees, and Charges may also be changed whenever required by the terms and provisions of the Master Bond Ordinance, which is available in the Airport Administration offices for review; provided, however, that Signatory Airlines' total Rentals, Fees, and Charges payable to the City shall be allocated to Signatory Airline in accordance with this Agreement. In the event of an emergency situation at the Airport, the Rentals, Fees, and Charges also may be changed within thirty (30) calendar days following consultation with the AAAC. 8.03 Incorporation of Exhibit "G". Adjustments to rates for Rentals, Fees, and Charges pursuant to Article 7 shall apply without the necessity of formal amendment of this Agreement. Exhibit "G" is an illustration only of how the Rentals, Fees, and Charges are calculated and represents a snapshot example of how the rate model operates. Exhibit "G" is not a formal forecast of budget or actual activity, operating and capital expenses, capital plans, or Airport discretionary revenue credits. 8.04 Reconciliation. Within one hundred eighty (180) calendar days following the close of each Fiscal Year, or as soon as audited financial data for said Fiscal Year is available, Rentals, Fees, and Charges for the preceding Fiscal Year shall be recalculated using audited financial data and the methods set forth in Exhibit "G." If the actual Rentals, Fees and Charges paid by Signatory Airlines during the preceding Fiscal Year is in excess of the Rentals, Fees and Charges that would have been paid by Signatory Airlines using said recalculated rates, Signatory Airlines shall be provided a credit in the amount of such excess, in coordination with each Signatory Airline, in the immediately succeeding monthly payment periods against the amounts owed by the Signatory Airlines to the City until such credit is exhausted. If Signatory Airline has ceased operations at the Airport and if no longer obligated to pay any amounts pursuant to Section 7.12, then City shall remit any remaining credit to Signatory Airline. If the actual Rentals, Fees, and Charges paid by Signatory Airlines during the preceding Fiscal Year is less than the Rentals, Fees and Charges that would have been paid by Signatory Airlines using 30 said recalculated rates, the City shall invoice the Signatory Airlines for any such deficit, and the Signatory Airlines shall pay City such deficit within thirty (30) calendar days from the date of an invoice from City. Notwithstanding the foregoing, City retains the right of offset in the event any Signatory Airline has an outstanding amount due to City that is not in formal dispute. 8.05 City Covenants. A. The City covenants that for purposes of assigning and allocating costs, it shall adhere to the requirements of the FAA's "Policy Regarding Airport Rates and Charges", as amended. B. The City shall operate the Airport in the same manner as a reasonably prudent airport operator of an airport of substantially similar size, use and activity as the Airport and in a manner so as to produce revenues from concessionaires, tenants and other users of the Airport of a nature and amount which would be produced by a reasonably prudent operator of an airport of substantially similar size, use and activity, with due regard for the interests of the public. ARTICLE 9: AIRLINE IMPROVEMENTS 9.01 Signatory Airline Improvements. A. In accordance with Section 9.01.E below, Signatory Airline may construct and install, at Signatory Airline's sole expense, improvements in its Exclusive Use Premises and Preferential Use Premises as Signatory Airline deems to be necessary for its operations; provided, however, that the plans and specifications, location, and construction schedule for such improvement shall be subject to the advance written approval of the Director; provided further, that no reduction or abatement of Rentals, Fees, and Charges shall be allowed due to any interference with Signatory Airline's operations by such construction. B. Prior to the commencement of any improvements greater than twenty five thousand dollars ($25,000), the City shall have the right to require Signatory Airline to obtain, or cause to be obtained, a contract surety bond in a sum equal to the full amount of any construction contract awarded by Signatory Airline for the improvements. Said contract security bond shall name the City as an obligee thereunder and shall be drawn in a form and issued by such company acceptable to City; shall guarantee the faithful performance of necessary construction and completion of improvements in accordance with approved final plans and detailed specifications; 31 and shall protect City against any losses and liability, damages, expenses, claims and judgments caused by or resulting from any failure to perform completely the work described. City reserves the right also to require that Signatory Airline acquires or causes to be acquired a payment bond with any contractors of Signatory Airline as principal, in a sum equal to the full amount of the construction contract awarded by Signatory Airline for the improvements. Said bond shall name the City as an obligee thereunder and shall guarantee payment of all wages for labor and services engaged and of all bills for materials, supplies and equipment used in the performance of said construction contract. Any work associated with such construction or installation shall not unreasonably interfere with the operation of the Airport or otherwise unreasonably interfere with the permitted activities of other Terminal tenants and users. Upon completion of approved construction and within sixty (60) calendar days of Signatory Airline's receipt of a certificate of occupancy, a complete set of "as built" drawings shall be delivered to the Director for the permanent record of the City. C. Signatory Airline shall furnish or require contractors to furnish satisfactory evidence of statutory workers' compensation insurance, comprehensive general liability insurance, comprehensive automobile insurance and physical damage insurance on a builder's risk form with the interest of City endorsed thereon in such amounts and in such manner as City may reasonably require. City may require additional insurance for any alterations or improvements approved hereunder in such limits as City reasonably determines to be necessary. D. Any construction or installation by or on behalf of Signatory Airline shall be at the sole risk of Signatory Airline and shall be in accordance with all applicable state and local codes and laws and subject to inspection by the Director and all other applicable inspectors. E. All improvements made to Signatory Airline's Exclusive Use Premises and Preferential Use Premises and additions and alterations thereto made by Signatory Airline, except those financed by City, shall be and remain the property of Signatory Airline until expiration of the Term of this Agreement. Upon termination of this Agreement, said improvements, additions and alterations shall become the property of City; provided, however, that any trade fixtures, signs, equipment, and other moveable personal property of Signatory Airline not permanently affixed to Signatory Airline's Exclusive Use Premises and Preferential Use Premises shall remain the property of Signatory Airline, subject to the terms of Article 14. 32 ARTICLE 10: DAMAGE OR DESTRUCTION 10.01 Partial Damage. If any part of Signatory Airline's Leased Premises, or adjacent facilities directly and substantially affecting the use of Signatory Airline's Leased Premises, shall be partially damaged by fire or other casualty other than that caused by Signatory Airline, but said circumstances do not render Signatory Airline's Leased Premises untenable as reasonably determined by the City, the same shall be repaired to usable condition with due diligence by the City, or by Signatory Airline if agreed to by both parties, as hereinafter provided and limited. No abatement of rentals shall accrue to Signatory Airline so long as Signatory Airline's Leased Premises remain tenantable. Any partial damage caused by Signatory Airline shall be repaired by the City to similar conditions existing prior to the partial damage, and the cost of such repair shall be invoiced directly to Signatory Airline and is due and payable within thirty (30) calendar days from the date of an invoice from City. 10.02 Substantial Damage. If any part of Signatory Airline's Leased Premises, or adjacent facilities directly and substantially affecting the use of Signatory Airline's Leased Premises, shall be so extensively damaged by fire or other casualty, other than that caused by Signatory Airline, as to render any portion of Signatory Airline's Leased Premises untenable but capable of being repaired, as reasonably determined by City, the same shall be repaired within a reasonable period to usable condition with due diligence by City as hereinafter provided and limited. In such case, the rentals payable hereunder with respect to affected Signatory Airline Leased Premises shall be paid up to the time of such damage and shall thereafter be abated equitably in proportion as the part of the area rendered untenable bears to the total Leased Premises until such time as such affected Signatory Airline's Leased Premises shall be restored adequately for use. City shall use "commercially reasonable" efforts to provide Signatory Airline with comparable alternate facilities to continue its operation while repairs are being completed at a rental rate not to exceed that provided for in this Agreement for comparable space. Any substantial damage caused by Signatory Airline shall be repaired by the City and the cost of such repair invoiced directly to Signatory Airline, due and payable upon receipt. 10.03 Destruction. A. If any part of Signatory Airline's Leased Premises, or adjacent facilities directly and substantially affecting the use of Signatory Airline's Leased Premises, shall be damaged by fire or other casualty, and is so extensively damaged as to render any portion of Signatory Airline's Leased Premises incapable of being repaired within ninety (90) calendar days, as reasonably 33 determined by the City, the City shall notify Signatory Airline of its decision whether to reconstruct or replace said space; provided, however, the City shall be under no obligation to replace or reconstruct such premises. The rentals payable hereunder with respect to the Signatory Airline's affected Leased Premises shall be paid up to the time of such damage and thereafter shall abate until such time as replacement or reconstructed space becomes available for use by Signatory Airline. If this occurs, Signatory Airline may terminate the letting of Signatory Airline's Leased Premises, effective as of the date of written notice to the City. Any destruction caused by Signatory Airline shall be repaired by the City and the cost of such repair invoiced directly to Signatory Airline, due and payable upon receipt. B. In the event the City elects to reconstruct or replace the affected Signatory Airline's Leased Premises, the City shall provide Signatory Airline with comparable alternate facilities to continue its operation while reconstruction or replacement is being completed at a rental rate not to exceed that provided for in this Agreement for comparable space. C. In the event the City elects to not reconstruct or replace the affected Signatory Airline's Leased Premises, the City shall meet and consult with Signatory Airline on ways and means to permanently provide Signatory Airline with adequate replacement space for the Signatory Airline's affected Leased Premises. In such event, the City agrees to amend this Agreement to reflect related additions and deletions to Signatory Airline's Leased Premises. Signatory Airline is not bound to accept the replacement space and may terminate this Agreement, as described in Section 10.03.A as above. 10.04 Damage Caused By Signatory Airline. Notwithstanding the provisions of this Article 10, in the event that due to the negligence or willful act or omission of Signatory Airline, its employees, contractors, its agents, or licensees, Signatory Airline's Leased Premises shall be damaged or destroyed by fire, other casualty or otherwise, there shall be no abatement of rentals during the repair or replacement of the Signatory Airline's Leased Premises. To the extent that the costs of repairs exceed the amount of any insurance proceeds payable to City by reason of such damage or destruction, Signatory Airline shall pay the amount of such additional costs to City due and payable upon demand. 10.05 City's Responsibilities. City shall maintain adequate levels of insurance; provided however, that City's obligations to repair, reconstruct, or replace affected premises under the provisions of this Article 10 shall in any event be limited to restoring the affected Signatory Airline's Leased Premises to substantially the same condition that existed at the date of damage or destruction, including 34 any subsequent improvements made by City, and shall further be limited to the extent of insurance proceeds and other funds available to City for such repair, reconstruction, or replacement; provided further, that City shall in no way be responsible for the restoration or replacement of any equipment, furnishings, personal property, real property improvements, signs, or other items installed and/or owned by Signatory Airline in accordance with this Agreement, unless Signatory Airline proves that the damage or destruction is caused by the negligence or willful act or omission of City, its officials, agents, or employees acting within the course or scope of their employment. ARTICLE 11: INDEMNIFICATION AND INSURANCE 11.01 Indemnification. A. Signatory Airline shall indemnify, save, hold harmless, and defend City, its officials, agents and employees, its successors and assigns, individually or collectively, from and against any claim, action, Toss, damage, injury, liability, and the cost and expense of whatsoever kind or nature (including, but not limited to, reasonable attorney fees, disbursements, court costs, and expert fees) based upon injury to persons, including death, or damage to property arising out of, resulting from, or incident to Signatory Airline's performance of its obligations under this Agreement, or in conjunction with Signatory Airline's use and occupancy of Signatory Airline's Leased Premises or use of the Airport, unless such injury or damage is occasioned by the sole negligence or willful misconduct of City, its officers, employees, or agents. B. Signatory Airline shall indemnify, save, hold harmless, and defend City, its officials, agents and employees, its successors and assigns, individually or collectively, from and against any claim, action, loss, damage, injury, liability, and the cost and expense of whatsoever kind or nature (including, but not limited to, reasonable attorney fees, disbursements, court costs, and expert fees) and any fines in any way arising from or based upon the violation of any federal, state, or municipal laws, statutes, resolutions, or regulations, including rules or regulations of the City by Signatory Airline, its agents, employees, or successors and assigns in conjunction with Signatory Airline's use and/or occupancy of Signatory Airline's Leased 35 Premises or the Airport unless such injury or damage is occasioned by the sole negligence or willful misconduct of City, its officers, employees, or agents. C. The provisions of this Section 11.01 shall survive the expiration or termination of this Agreement. 11.02 Insurance. A. Without limiting or expanding Signatory Airline's obligation to indemnify City, as provided for in Section 11.01, Signatory Airline shall procure and maintain in force at all times during the Term of this Agreement comprehensive Airport premises liability and aviation insurance to protect against personal injury, bodily injury liability and property damage liability. The limits for Signatory Airlines operating aircraft larger than sixty (60) seats shall be in an aggregate amount of not less than $100,000,000 per occurrence, combined single limit; provided, however, coverage for non -passengers shall be not less than an aggregate amount of $25,000,000 per occurrence. The limits for Signatory Airlines operating aircraft with sixty (60) seats or less shall be in an aggregate amount of not Tess than $50,000,000 per occurrence, combined single limit; provided, however, coverage for non -passengers shall be not Tess than an aggregate amount of $25,000,000 per occurrence. In addition, Signatory Airline shall procure and maintain in force during the Term of this Agreement liability insurance applicable to the ownership, maintenance, use or operation of any automobile, mobile equipment or other ground vehicle at the Airport (including owned, non -owned, or hired) in an amount of not less than $5,000,000 per occurrence. B. The aforesaid amounts and types of insurance shall be reviewed from time to time by City and may be adjusted by City if City reasonably determines such adjustments are necessary to protect City's interests. Signatory Airline shall furnish City prior to the Effective Date a certificate or certificates of insurance as evidence that such insurance is in force. City reserves the right to require a certified copy of each certificate upon request. Signatory Airline shall name City as an additional insured on such insurance policy or policies to the extent of the obligations assumed under Section 11.01. Said policies shall be issued by insurance companies of recognized financial responsibility and, in a form and content reasonably satisfactory to City, and shall provide for thirty (30) calendar days advance written notice to City prior to the cancellation of or any adverse material change in such policies and ten (10) calendar days' notice for non-payment of premium. Failure to provide and/or maintain the required insurance coverage as set forth 36 herein is grounds for immediate termination of this Agreement. C. Signatory Airline shall procure and maintain in force during the Term of this Agreement workers' compensation coverage in accordance with state law and employers liability in an amount not less than $1,000,000 each accident and each disease through a licensed insurance company. The contract for 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 ensure that all workers' compensation obligations incurred by the Signatory Airline will be promptly met. 11.03 Waiver of Subrogation. City and Signatory Airline hereby mutually waive any and all rights of recovery against the other party arising out of damage or destruction of the buildings, Signatory Airline's Leased Premises, or any other property from causes included under any property insurance policies to the extent such damage or destruction is covered by the proceeds of such policies and whether or not such damage or destruction shall have been caused by the parties, their officers, employees or agents, but only to the extent that the insurance policies then in force permit such waiver. All policies of insurance shall contain, to the extent available, this waiver of subrogation provision and the cost of such provision shall be borne by the primary insured. ARTICLE 12: TERMINATION BY CITY 12.01 Events of Default. The events described below shall be deemed events of default by Signatory Airline: A. Upon the occurrence of any one of the following events of default, City may give thirty (30) calendar days written notice as provided in Section 12.03. (1) The appointment of a trustee, custodian, or receiver of all or a substantial portion of Signatory Airline's assets or the subletting of Signatory Airline's Leased Premises without City Council authorization except as permitted under Article 15. (2) The divestiture of Signatory Airline's estate herein by operation of law, by dissolution, or by liquidation. (3) The Signatory Airline shall take the benefit of any present or future insolvency statute, or 37 shall make a general assignment for the benefit of creditors, or shall seek a reorganization or the readjustment of its indebtedness under any law or statute of the United States or of any state thereof. (4) The voluntary discontinuance for a period of at least sixty (60) consecutive days by Signatory Airline of its operations at the Airport unless otherwise approved by City in writing, except when discontinuance is due to fire, earthquake, strike, governmental action, default of the City, or other cause beyond Signatory Airline's control, and except when discontinuance is due to a consented assignment or sublease pursuant to Article 15. (5) The failure to cure a default in the performance of any of the material terms, covenants and conditions required herein within thirty (30) calendar days of receipt of written notice by City to do so; or if by reason of the nature of such default, the same cannot be remedied within thirty (30) calendar days following receipt by Signatory Airline of written demand from City to do so, Signatory Airline fails to commence the remedying of such default within said thirty (30) calendar days following such written notice, or having so commenced, shall fail thereafter to continue as promptly as reasonably practical the curing thereof; provided however, Signatory Airline's performance under this Section 12.01 shall be subject to the provisions of Section 18.25 of this Agreement. Signatory Airline shall have the burden of proof to demonstrate to the City's satisfaction (i) that the default cannot be cured within thirty (30) calendar days, and (ii) that it is proceeding with diligence to cure said default, and that such default will be cured within a reasonable period of time. B. Upon the occurrence of any one of the following events of default, City may immediately issue written notice of default: (1) The failure by Signatory Airline to pay any part of the Rentals, Fees, and Charges, PFCs or any other sum due hereunder and the continued failure to pay said amounts in full within ten (10) calendar days of City's written notice of payments past due. Provided, however, if a dispute arises between City and Signatory Airline with respect to any obligation or alleged obligation of Signatory Airline to make payments to City, payments under protest by Signatory Airline of the amount due shall not waive any of Signatory Airline's rights to contest the validity or amount of such payment. 38 (2) The failure by Signatory Airline to maintain the minimum required insurance coverage as required by Section 11.02; provided, the City shall have the right to immediately suspend Signatory Airline's right to operate at the Airport until Signatory Airline has obtained the minimum required insurance coverage. (3) If any act occurs through the fault or neglect of Signatory Airline which operates to deprive Signatory Airline permanently of the rights, power and privileges necessary for the lawful conduct and operation of its business at the Airport. 12.02 Continuing Responsibilities of Signatory Airline. Notwithstanding the occurrence of any event of default, Signatory Airline shall remain liable to City for all Rentals, Fees, and Charges payable hereunder and for all preceding uncured breaches of any covenant of this Agreement. Furthermore, unless City elects to terminate this Agreement at its sole discretion, Signatory Airline shall remain liable for and promptly pay all Rentals, Fees, and Charges accruing hereunder until termination or expiration of this Agreement as set forth in Article 3 or until this Agreement is terminated by Signatory Airline pursuant to Article 13. 12.03 City's Remedies. Upon the occurrence of any event enumerated in Section 12.01.A, the following remedies shall be available to City: A. City may exercise any remedy provided by law or in equity including, but not limited to, the remedies hereinafter specified. B. City may terminate this Agreement, effective upon the date specified in the notice of termination. For events enumerated in Section 12.01.A, such date shall be not less than thirty (30) calendar days from said date of receipt of notice. Upon such date, Signatory Airline shall be deemed to have no further rights hereunder and City shall have the right to take immediate possession of Signatory Airline's Leased Premises. C. City may reenter Signatory Airline's Leased Premises and may remove all of Signatory Airline's persons and property from same upon the date of reentry specified in City's written notice of reentry to Signatory Airline. For events enumerated in Section 12.01.A., reentry shall be not less than thirty (30) calendar days from the date of notice of reentry. 39 D. City may re -let Signatory Airline's Leased Premises and any improvements thereon, or any part thereof, at such lease rates and upon such other terms and conditions as City, in its sole discretion, may deem advisable, with the right to make alterations, repairs of improvements on Signatory Airline's Leased Premises. In re -letting Signatory Airline's Leased Premises, City shall be obligated to make a good faith effort to obtain terms no less favorable to City than those contained herein and otherwise seek to mitigate any damages it may suffer as a result of Signatory Airline's event of default. E. In the event that City relets Signatory Airline's Leased Premises, Rentals, Fees, and Charges received by City from such re -letting shall be applied in the following order of priority: (i) to the payment of any indebtedness other than Rentals, Fees, and Charges due hereunder from Signatory Airline to City; (ii) to the payment of any cost of such re -letting; and (iii) to the payment of Rentals, Fees, and Charges due and unpaid hereunder. The residue, if any, shall be held by City and applied in payment of future Rentals, Fees, and Charges as the same may become due and payable. If that portion of such Rentals, Fees, and Charges received from such re -letting and applied to the payment of Rentals, Fees, and Charges is less than the Rentals, Fees and Charges payable during applicable periods by Signatory Airline, then Signatory Airline shall pay such deficiency to City. Signatory Airline shall also pay to City, as soon as ascertained, any costs and expenses incurred by City in such re -letting not covered by the Rentals, Fees, and Charges received from such re -letting. F. Signatory Airline shall pay to City all other costs, incurred by City in the exercise of any remedy in this Article 12 including, but not limited to, reasonable attorneys' fees, disbursements, court costs, and expert fees. ARTICLE 13: TERMINATION BY AIRLINE 13.01 Events of Default. The events described below shall be deemed events of default by City: A. City fails to keep, perform or observe any material term, covenant or condition herein contained to be kept, performed, or observed by City and such failure continues for thirty (30) calendar days after receipt of written notice from Signatory Airline; or, if by its nature such default cannot be cured within such thirty (30) calendar day period, City shall not commence to cure or remove such default within said thirty (30) calendar days and to cure or remove the same as promptly as reasonably practicable; provided, however, City's performance under this Section 40 shall be subject to the provisions of Section 18.25 of this Agreement. B. Airport is closed to flights in general for reasons other than weather, acts of God, or other reasons beyond City's control, or to the flights of Signatory Airline for reasons other than those circumstances within Signatory Airline's control, and Airport fails to be reopened to such flights within sixty (60) consecutive days from such closure. C. The Airport is permanently closed as an air carrier airport by act of any federal, state, or local government agency having competent jurisdiction; or Signatory Airline is unable to use Airport for a period of at least ninety (90) consecutive days due to any law, order, rule or regulation of any governmental authority having jurisdiction over the operations of the Airport; or any court of competent jurisdiction issues an injunction preventing City or Signatory Airline from using Airport for airport purposes, for reasons other than those circumstances within City's or Signatory Airline's control, and such injunction remains in force for a period of at least ninety (90) consecutive days. D. The United States Government or any authorized agency of the same (by executive order or otherwise) assumes the operation, control or use of the Airport in such a manner as to substantially restrict Signatory Airline from conducting its operations, if such restriction remains in force for a period of sixty (60) consecutive days or more. 13.02 Signatory Airline's Remedy. Signatory Airline termination, due to events of default under the provisions of Section 13.01, shall not be effective unless and until at least thirty (30) calendar days, or such longer period as provided in Section 13.01, have elapsed after written notice to the City specifying the date upon which such termination shall take effect and the reason for such termination. In the event of termination, Signatory Airline shall surrender the Signatory Airline's Leased Premises in accordance with Article 14 hereof. ARTICLE 14: SURRENDER OF AIRLINE PREMISES 14.01 Surrender and Delivery. Upon termination of this Agreement, Signatory Airline shall promptly and peaceably surrender to City Signatory Airline's Leased Premises and all improvements thereon to which City is entitled in good and fit condition, reasonable wear and tear excepted; provided, however, nothing in this section shall be construed to modify the obligations of the parties that accrued 41 prior to the date of termination of this Agreement. 14.02 Removal of Property. Signatory Airline shall have the right at any time during the Term of this Agreement to remove from the Airport its aircraft, tools, equipment, trade fixtures, and other personal property, title to which shall remain in Signatory Airline unless otherwise set forth in this Agreement, and shall remove such aircraft, tools, equipment, trade fixtures, and other personal property within thirty (30) calendar days following termination of this Agreement, whether by expiration of time or otherwise, as provided herein, subject to any valid lien which City may have thereon for unpaid Rentals, Fees, and Charges. Notwithstanding anything to the contrary contained herein, City hereby waives any statutory or contractual lien it may now have or hereafter have with respect to Signatory Airline's aircraft. Signatory Airline shall not abandon any portion of its property at the Airport without the written consent of City. Any and all property not removed by Signatory Airline within thirty (30) calendar days following the date of termination of this Agreement shall, at the option of the City, (i) become the property of the City at no cost to the City; (ii) be stored by the City, at no cost to the City; or (iii) be sold at public or private sale at no cost to the City. All of Signatory Airline's personal property located on Signatory Airline's Leased Premises is at the risk of Signatory Airline only, and the City is not liable for damage to said personal property in, at or on Signatory Airline's Leased Premises or to Signatory Airline. Except as may be agreed to otherwise by the City and Signatory Airline, all City property damaged by or as a result of the removal of Signatory Airline's property shall be restored by Signatory Airline to the condition existing before such damage, less reasonable wear and tear, at Signatory Airline's expense. ARTICLE 15: ASSIGNMENT AND SUBLETTING AGREEMENTS 15.01 Assignment and Subletting by Signatory Airline. A. Except for an assignment to a parent or subsidiary, which is hereby authorized, Signatory Airline may not at any time assign, transfer, convey, sublet, mortgage, pledge, or encumber its interest under this Agreement or any part of Signatory Airline's Leased Premises to any party including Affiliate Airlines without the prior written consent of the City, which consent will not be unreasonably withheld. The above prohibition does not apply with respect to any company with which Signatory Airline may merge or consolidate, or which may acquire substantially all of Signatory Airline's assets. In the event that Signatory Airline shall, directly or indirectly, assign, sell, hypothecate or 42 otherwise transfer this Agreement, or any portion of Signatory Airline's Leased Premises, without the prior written consent of the City except as allowed above, the City, in its sole discretion may terminate this Agreement. B. Signatory Airline shall not sublease Signatory Airline's Leased Premises without the prior written consent of City, which consent may be withheld if City has substantially similar space available, but unleased, or if City can make such space available for lease within a reasonable time. Use of Signatory Airline's Exclusive Use Premises or Preferential Use Premises or any part thereof, by anyone other than Signatory Airline or an Air Transportation Company being handled by Signatory Airline shall be deemed a sublease. C. Signatory Airline shall include with its request for consent to assign or sublease, a copy of the proposed assignment or sublease agreement, if prepared. In the event such proposed agreement has not been prepared, a written summary of the material terms and conditions to be contained in such agreement shall be included with Signatory Airline's request for consent by the City. The assignment or sublease agreement or written summary submitted with Signatory Airline's request shall include the following information: (i) the term; (ii) the area or space to be assigned or subleased; (iii) the sublease rentals to be charged; and (iv) the provision that assignee or sublessee must execute a separate Operating Agreement with City. Any other information reasonably requested by City pertaining to said sublease or assignment shall be promptly provided by Signatory Airline. A fully executed copy of such sublease or assignment shall be submitted to City for final consent before occupancy of Signatory Airline's Leased Premises, or any portion thereof, by the assignee or sublessee. D. In the event the Rentals, Fees, and Charges for subleased premises exceed the Rentals, Fees, and Charges payable by Signatory Airline for said premises pursuant to this Agreement, Signatory Airline shall pay to City the excess of the Rentals, Fees, and Charges received from the sublessee over that specified to be paid by Signatory Airline herein; provided however, Signatory Airline may charge a reasonable fee for administrative costs, not to exceed fifteen percent (15%) of the specified sublease rental, and such fee shall not be considered part of excess Rentals, Fees, and Charges. Signatory Airline may also charge a reasonable fee to others for the use of Signatory Airline's capital equipment and to charge for use of utilities and other services being paid for by Signatory Airline. E. Nothing in this Article 15 shall be construed to release Signatory Airline from its 43 obligations under this Agreement including, but not limited to, the payment of Rentals, Fees, and Charges provided herein. ARTICLE 16: AVAILABILITY OF ADEQUATE FACILITIES 16.01 Declaration of Intent. The parties acknowledge the objective of the City to offer to all Air Transportation Companies desiring to serve Airport access to the Airport and to provide adequate gate positions and space in the Terminal and Apron Area. Recognizing that physical and financial limitations may preclude timely expansion of the Terminal and Apron Area areas in order to meet the stated requests of Signatory Airline and/or such other Air Transportation Companies for additional facilities, the City hereby states its intent to pursue the objective of achieving an optimum balance in the overall utilization of gate holdrooms, passenger loading bridges and associated Apron Area parking positions. 16.02 Accommodation of Requesting Air Transportation Company. City shall not require Signatory Airline to accommodate a requesting Air Transportation Company if City has unleased gates and facilities which can reasonably accommodate the needs of requesting Air Transportation Company. Signatory Airline shall cooperate with City to accommodate the needs of a requesting Air Transportation Company by permitting such requesting Air Transportation Company to utilize Signatory Airline's Preferential Use Premises (and Air Transportation Company shall remit to Signatory Airline a directly proportionate share of the Rentals, Fees, and Charges attributable to such use of the specific Preferential Use Premises) for the time period necessary to permit passenger loading and unloading operations in conjunction with the scheduled operations of such requesting Air Transportation Company at times when the use of such facilities shall not interfere with Signatory Airline's planned operation. In determining if Signatory Airline shall be required to accommodate a requesting Air Transportation Company, the City shall consider Signatory Airline's capabilities, capacity, and facilities, after taking into account Signatory Airline's own requirements and contractual obligations, the compatibility of requesting Air Transportation Company's proposed operations with those of Signatory Airline, and the need for labor harmony. Prior to any accommodated Air Transportation Company being permitted to use Signatory Airline's Preferential Use Premises, City shall require such accommodated Air Transportation Company to indemnify City and Signatory Airline and its officers, directors, employees and agents against any claims, damages, injuries and costs (including reasonable attorneys' fees) arising from the acts or omissions of the accommodated Air Transportation Company, its officers, directors, employees and agents and deliver to City and Signatory Airline reasonably satisfactory evidence of insurance coverage, which insurance shall provide the coverages (including amounts) as are required of Signatory Airline under this Agreement and name City and Signatory Airline as an 44 additional insured party. 16.03 Relocation of Signatory Airline. With regard to Signatory Airline's Exclusive Use Premises and Preferential Use Premises, the City reserves the right to relocate Signatory Airline (i) after the City has obtained adequate funding to pay the reasonable costs of same, (ii) following consultation with Signatory Airline, and (iii) upon not less than sixty (60) days' prior written notice to Signatory Airline, in order to maintain the most efficient use of the Terminal as reasonably determined by the Director. In implementing any relocation, the City shall minimize disruptions to Signatory Airline's operations and shall use commercially reasonable efforts to provide Signatory Airline with replacement space that is comparable to that which is to be vacated and to coordinate any such relocation with Signatory Airline. In the event that such a relocation request is made by the City, the City shall fund the reasonable costs of such relocation, including the costs of any improvements needed to the replacement space to match those in the vacated space, and Signatory Airline shall not be required to pay a greater total rental amount for the relocated space. ARTICLE 17: GOVERNMENT INCLUSION 17.01 Government Agreements. This Agreement shall be subordinate to the provisions of any existing or future agreements between City and the United States Government or other governmental authority, relative to the operation or maintenance of the Airport, the execution of which has been or will be required as a condition precedent to the granting of federal or other governmental funds for the development of the Airport, to the extent that the provisions of any such existing or future agreements are generally required by the United States or other governmental authority of other airports receiving such funds. City agrees to provide Signatory Airline written advance notice of any provisions which would adversely modify the material terms of this Agreement. 17.02 Federal Government's Emergency Clause. All provisions of this Agreement shall be subordinate to the rights of the United States of America to operate the Airport or any part thereof during time of war or national emergency. Such rights shall supersede any provisions of this Agreement inconsistent with the operations of the Airport by the United States of America. 17.03 Nondiscrimination A. Signatory Airline for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby agree as a covenant running with 45 the land that (i) no person on the grounds of race, creed, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of Signatory Airline's Leased Premises, (ii) in the construction of any improvements on, over, or under Signatory Airline's Leased Premises and the furnishing of services thereon, no person on the grounds of race, creed, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; and (iii) Signatory Airline shall use Signatory Airline's Leased Premises in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non -Discrimination in Airport Aid Program, Title VI of the Civil Rights Act of 1964, and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as titles and regulations may be amended. B. Signatory Airline acknowledges that the provisions of 49 CFR, Part 23, Disadvantaged Business Enterprises ("DBE"), as said regulations may be amended, and such other similar regulations as may be enacted, may be applicable to the activities of Signatory Airline under the terms of this Agreement, unless exempted by said regulations, and hereby agrees to comply with the FAA and the U.S. Department of Transportation in reference thereto. These regulations may include, but not be limited to, compliance with DBE participation goals, the keeping of certain records of good faith compliance efforts which would be subject to review by the various agencies, the submission of various reports and, if so directed, the contracting of specified percentages of goods and services contracts to Disadvantaged Business Enterprises. C. In the event of breach of any of the above nondiscrimination covenants, City shall have the right to terminate this Agreement after such action as the United States Government may direct to enforce this covenant has been followed and completed, including exercise or expiration of appeal rights. 17.04 Security Signatory Airline must comply with, and require compliance by its assignees and sublessees, if any, and both its and their respective contractors, suppliers of materials and furnishers of services, employees, agents, and business invitees, with all present, amended, and future laws, rules, regulations, and ordinances promulgated by the City, the Airport Security Plan ("ASP"), the FAA, Transportation Security Administration ("TSA") or other governmental agencies to protect the security and integrity of the Secured Area ("SA"),the Air Operations Area ("AOA"), and the Security Identification Display Area ("SIDA"), as defined by the City, the FAA, and TSA, and to protect against access to the SA, AOA, and SIDA by unauthorized persons. Subject to the approval of the Director, 46 Signatory Airline must adopt procedures to control and limit access to the SA, AOA, and SIDA by Signatory Airline, its assignees and sublessees, and its and their respective agents, contractors, suppliers of materials and furnishers of services, employees, and business invitees in accordance with all present and future ASP, FAA, and TSA laws, rules, regulations, and ordinances. Signatory Airline further agrees to indemnify, hold harmless, and defend the City, its officers, agents, and employees against the risk of legal liability for death, injury, or damage to persons or property, or fees and expenses, direct or consequential, arising from entry of the SA or SIDA permitted, allowed or otherwise made possible by Signatory Airline, its sublessees or its or their respective agents, contractors, suppliers of materials and furnishers of services, employees, business invitees, agents, or any person under the direction of Signatory Airline, which entry violates the City, ASP, FAA, or TSA laws, rules, regulations, or ordinances or Signatory Airline's Director -approved procedures for controlling access to the SA or SIDA as provided hereinabove. Signatory Airline must obtain employee identification badges for all personnel authorized by Signatory Airline to have access to the SA, AOA, and SIDA in accordance with the provisions of Federal Aviation Regulations, 49 CFR Part 1542, and other laws, rules, regulations and ordinances. Signatory Airline must pay all fines associated with security breaches/infractions by.Signatory Airline and its sublessees and its and their respective agents, officers, business invitees, and employee in the SA, AOA, and SIDA, regardless of whether the fine is assessed to the City, Airport or Signatory Airline and/or its sublessees, and its or their respective agents, officers, business invitees, or employees; however, Signatory Airline may contest such fine in accordance with administrative procedures of the agency issuing the fine. ARTICLE 18: GENERAL PROVISIONS 18.01 Subordination to Master Bond Ordinance A. This Agreement and all rights granted to Signatory Airline hereunder are expressly subordinated and subject to the lien and provisions of the pledges, transfer, hypothecation, and assignments made by City in the Master Bond Ordinance. City and Signatory Airline agree that, to the extent required by the Master Bond Ordinance or law, the holders of the Bonds or their designated representatives shall have the right to exercise any and all rights of City hereunder. B. City shall notify Signatory Airline in advance of any amendments or supplements to the Master Bond Ordinance that would materially alter the terms and provisions of this Agreement. 47 City and Signatory Airline shall use their "commercially reasonable" efforts to agree on the implementation of any such material amendments or supplements desired solely by City for its own purposes. If such material alteration will negatively impact financial or operational rights granted herein, then either party may immediately terminate this Agreement. C. With respect to property leased by the City to Signatory Airline hereunder which was or is to be acquired by the City with proceeds of Bonds, the interest on which is, or is intended to be, excludable from the gross income of the holders of such Bonds for federal income tax purposes, the parties hereby covenant to use "commercially reasonable" efforts to protect the tax-exempt status of the Bonds. 18.02 Non -waiver. No waiver of default by either party of any of the terms, covenants, or conditions of this Agreement to be performed, kept and observed by the other party shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants and conditions to be performed, kept and observed by the other party and shall not be deemed a waiver of any right on the part of the other party to terminate this Agreement as provided herein. 18.03 Rights Non -Exclusive. Notwithstanding anything herein contained that may be or appear to the contrary, the rights, privileges and licenses granted under this Agreement, except Exclusive Use Premises, are "non-exclusive" and the City reserves the right to grant similar privileges to others. 18.04 Quiet Enjoyment. A. City agrees that, so long as Signatory Airline's payment of Rentals, Fees, and Charges is timely and Signatory Airline keeps all covenants and agreements contained herein, Signatory Airline shall peaceably have and enjoy Signatory Airline's Leased Premises and all rights, privileges and licenses of the Airport, its appurtenances and facilities granted herein, subject to the terms and conditions herein contained. B. Consistent with the nature of Signatory Airline's business, Signatory Airline agrees that occupancy of Signatory Airline's Leased Premises will be lawful and quiet and that it will not knowingly use or permit the use of Signatory Airline's Leased Premises in any way that would violate the terms of this Agreement, create a nuisance, or disturb other tenants or the general public. Signatory Airline shall be responsible for the activity of its officers, employees, agents, and others under its control with respect to this provision. 48 18.05 Performance. The parties expressly agree that time is of the essence in this Agreement. Failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall relieve the other party, without liability, of any obligation to accept such performance. 18.06 Avigation Rights. The City reserves unto itself, its successors, and assigns for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Airport, including Signatory Airline's Leased Premises, for navigation or flight in the said airspace for landing on, taking off from, or operating at the Airport. 18.07 Rules and Regulations. A. Signatory Airline, its officers, employees, agents and others under its control shall observe and obey all laws, rules, regulations, ordinances, and orders of the federal, state, county and municipal governments which may be applicable to Signatory Airline's operations at the Airport. B. The City may from time to.time adopt, amend or revise reasonable and non-discriminatory rules, regulations and minimum standards for the conduct of operations at the Airport for reasons of safety, health, preservation of the property or for the maintenance of the good and orderly appearance of the Airport. Signatory Airline, its officers, employees, agents, and others under its control shall faithfully comply with and observe such rules, regulations and minimum standards, except as they may conflict with the terms and provisions of this Agreement or the regulations of another governmental authority having appropriate jurisdiction. C. Signatory Airline shall be strictly liable and responsible for obtaining, maintaining current, and fully complying with any and all permits, licenses, and other governmental authorizations, however designated, as may be required at any time throughout the entire Term of this Agreement by any federal, state, or local governmental entity or any court of law having jurisdiction over Signatory Airline or Signatory Airline's operations and activities at the Airport. 18.08 Inspection. Signatory Airline shall allow the City's authorized representatives access to Signatory Airline's Leased Premises for the purpose of examining and inspecting said premises; for purposes necessary, incidental to, or connected with the performance of its obligations under this 49 Agreement; or, in the exercise of its governmental functions. Except in the case of an emergency, upon reasonable advance notice, the City shall conduct such inspections during reasonable business hours with reasonable notice and in the presence of Signatory Airline's representative. 18.09 No Individual Liability. No official, officer, agent, director, or employee of the City or Signatory Airline shall be charged personally or held contractually liable by or to the other party under the terms or provisions of this Agreement or because of any breach thereof or because of its or their execution or attempted execution. 18.10 Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint venturers, or any other similar such relationship between the parties hereto. It is understood and agreed that neither the method of computation of Rentals, Fees, and Charges, nor any other provisions contained herein, nor any acts of the parties hereto, creates a relationship other than the relationship of landlord and tenant. 18.11 Capacity to Execute. Each of the parties hereto warrants and represents that the execution and delivery of this Agreement by the undersigned representative(s) has been duly authorized by all necessary corporate or municipal action, as applicable. 18.12 Savings. The parties hereto acknowledge that they have thoroughly read this Agreement, including any exhibits or attachments hereto and have sought and received whatever competent advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations herein. The parties further acknowledge that this Agreement is the result of open negotiations between the parties and shall not be construed against the City by reason of the preparation of this Agreement by the City. 18.13 Successors and Assigns Bound. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 18.14 Incorporation of Exhibits. All exhibits and attachments referred to in this Agreement are intended to be and are hereby specifically made a part of this Agreement. 50 18.15 Titles. Section titles are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or extent of any provision of this Agreement. 18.16 Severability. In the event that any covenant, condition or provision of this Agreement is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition, or provision shall not materially prejudice either the City or Signatory Airline in their respective rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. 18.17 Amendments. This Agreement constitutes the entire agreement between the parties. Except as provided herein, no amendment, modification or alteration of the terms of this Agreement shall be binding unless the same be in writing, dated subsequent to the date hereof, and executed by the parties. 18.18 Most Favored Nations. The City agrees not to enter into any Agreement with any other 14 CFR Part 121 Air Transportation Companies conducting similar operations at the Airport after the Effective Date of this Agreement that contains more favorable terms and conditions, landing fees, rentals or other charges than those provided in this Agreement. Such "similar operations at the Airport" means regularly scheduled commercial airline service that shall be conducted at the Terminal. Notwithstanding the foregoing, the City may offer incentives or discounts consistent with FAA guidelines and/or policies in setting Rentals, Fees, and Charges with any Air Transportation Company. 18.19 Other Agreements. Other than as set forth herein, nothing contained in this Agreement shall be deemed or construed to nullify, restrict or modify in any manner the provisions of any other agreement or contract between City and Signatory Airline authorizing the use of the Airport, its facilities and appurtenances. 18.20 Affiliate Airline. Signatory Airline and any designated Affiliate Airline shall be counted as one airline for the purposes of computing any Joint Use Premises charges, provided the Affiliate Airline has executed an Operating Agreement with City; provided however, that Signatory Airline shall be responsible for the actions and any and all charges (incurred on behalf of Signatory Airline) of (including the payment of any activity fees incurred by) any such designated Affiliate Airline while such designated Affiliate Airline operates at the Airport on behalf of Signatory Airline. Signatory Airline must provide City with a listing in writing of all of Signatory Airline's designated Affiliate Airlines and the relationship each Affiliate Airline has with Signatory Airline (i.e., Signatory Airline is a parent corporation to Affiliate Airline; Signatory Airline is in a partnership/contract with the designated Affiliate Airline, etc.). Signatory Airline 51 shall give City thirty (30) calendar days' written notice of any change to the Affiliate Airline designation and, if such notice request removes the "affiliate" designation from an Air Transportation Company, Signatory Airline will no longer be a guarantor of that former Affiliate Airline. Signatory Airline will use "commercially reasonable" efforts to assist City in having its designated Affiliate Airlines execute an operating agreement with City. 18.21 Approvals A. Whenever this Agreement calls for approval by the City, such approval shall be evidenced by the written approval of the Director. B. Any approval required by either party to this Agreement shall not be unreasonably withheld or delayed. 18.22 Notice. A. All notices, requests, consents and approvals served or given under this Agreement shall be served or given by the parties in writing by certified mail. If intended for the City, notices shall be delivered to: Director of Aviation City of Corpus Christi 1000 International Drive Corpus Christi TX 78406 or to such other address as may be designated by the City by written notice to Signatory Airline as stipulated above. B. Notices to Signatory Airline shall be delivered in the manner set out above to: United Airlines Attn: Airport Affairs 233 S Wacker Drive Chicago, IL 60606 52 or to such other address as may be designated by Signatory Airline by written notice to the City as stipulated above. 18.23 Agent For Service. It is expressly understood and agreed that if Signatory Airline is not a resident of the state of Texas, is an association or partnership without a member or partner resident of said state, or is a foreign corporation not licensed to do business in Texas, then, in any such event, Signatory Airline shall appoint an agent for the purpose of service of process in any court action between it and the City arising out of or based upon this Agreement. Signatory Airline shall immediately notify the City, in writing, of the name and address of said agent. Such service shall be made as provided by the laws of the state of Texas for service upon a non-resident engaging in business in the state. It is further expressly agreed, covenanted and stipulated that, if for any reason, such service of process is not possible, as an alternative method of service of process, Signatory Airline may be personally served out of the state of Texas by the certified mailing of such service at the address set forth in Section 18.22. 18.24 Governing Law. This Agreement is to be read and construed in accordance with the laws of the state of Texas. The parties agree that any court of proper jurisdiction presiding in Nueces County, Texas, shall be the forum for any actions brought hereunder. 18.25 Force Majeure. Except as herein provided, neither the City nor Signatory Airline shall be deemed to be in default hereunder if either party is prevented from performing any of the obligations, other than the payment of Rentals, Fees and Charges hereunder, by reason of strikes, boycotts, labor disputes, embargoes, shortages of energy or materials, acts of God, acts of the public enemy, weather conditions, riots, rebellion, war, acts of terrorism, or sabotage, or any other circumstances for which it is not responsible or which are not within its control. 18.26 Entire Agreement. It is understood and agreed that this instrument contains the entire agreement between the parties. It is further understood and agreed by Signatory Airline and the City that the City, the City's agents, Signatory Airline and Signatory Airline's agents have made no representations or promises with respect to this Agreement or the making or entry into this Agreement except as expressly set forth and neither party shall be liable by reason of the breach of any representations or promises not expressly stated in this Agreement. Any other written or verbal agreement is expressly waived by Signatory Airline and the City. 53 ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Keith Selman, Interim City Manager APPROVED AS TO LEGAL FORM THIS DAY OF , 2018 Elizabeth Hundley, Assistant City Attorney for Miles Risley, City Attorney AIRLINE By: Name: Peter Froehlich Managing Director- Airport Affairs Title: Corporate Real Estate Date: December 18, 2018 54 Texas Mexican Railroad +0000 r RPZ CORPUS CHRISTI INTERNATIONAL AIRPORT w / / State Highway 44 State Highway 44 / K / / / LOC CRIT L Al !AAI- A ■ E. Glasson O 0 o❑ ALL WEATHER WIND ROSE 8 l N 0 i Al COMMERCIAL APRON NND CONE 1 s • II AIRPORT DATA TABLE LEGEND I i 1 AIRFIELD PAVEMENTS LAT. 27°46'19.90"N AIRPORT BUILDINGS LONG. 09730'08.70"W -------e---- AIRPORT PROPERTY LINE (((( AIRPORT & TERMINAL NAV. AIDS BLAST PAD VOR/DME MISC. FACILITIES-T/W LIGHTING BUILDING RESTRICTION LINE BRL RUNWAYS GROOVED 170,000+DWL YES CLEAR ZONE 92.8 YES ® N44°11'W AIRPORT REFERENCE POINT * 36 AIRPORT BEACON 31 RUNWAY END ELEVATION VISUAL GUIDANCE LIGHTING A 43.51 RAIL NAVIGATIONAL AIDS VORTAC PERIMETER ROAD ILS LOC .. • . . x PERIMETER FENCE • PAPI ODALS — MALSR LOCALIZER ANTENNA - NPI PI AIRPORT DATA TABLE AIRPORT ELEVATION 18/36 RUNWAY 46.1' AIRPORT REFERENCE LAT. 27°46'19.90"N POINT (ARP) COORDINATES LONG. 09730'08.70"W MEAN MONTHLY TEMPERATURE OF HOTTEST MONTH 0.06 84.2° F AIRPORT & TERMINAL NAV. AIDS HIRL VOR/DME MISC. FACILITIES-T/W LIGHTING B727-200 YES RUNWAYS GROOVED 170,000+DWL YES GUIDANCE SIGNS 92.8 YES TAXIWAY CL LIGHTS N44°11'W NO NORTH AMERICAN DATUM 36 1983 RTR MD COM RSA A3 Nso RSA CONE 1 1 36 A 4 RSA RUNWAY DATA TABLE I RWY 13 18/36 RUNWAY 13/31 RUNWAY EXISTING EXISTING RUNWAY LENGTH X WIDTH 6080 X 150 7510 X 150 RUNWAY GRADIENT 0.02 0.06 MARKING HIRL HIRL CRITICAL AIRCRAFT B727-200 B727-200 PAVEMENT STRENGTH 170,000+DWL 170,000+DWL % WIND COVERAGE 89.8 92.8 TRUE BEARING NO°53'29"W N44°11'W RUNWAY END 18 36 13 31 RUNWAY END ELEVATION 40.87 39.67 43.51 40.90 NAVIGATIONAL AIDS VORTAC ILS ILS LOC VISUAL AIDS PAPI PAPI PAPI PAPI MALSR MALSR MALSR MALSR TYPE APPROACH NPI PI PI NPI EXISTING APPROACH SLOPE 93:1 79:1 79:1 72:1 REQUIRED APPROACH SLOPE 34:1 50:1 50:1 34:1 TAXIWAY MARKING YES YES YES YES _ TAXIWAY LIGHTS YES YES= ES YES ATCT RUNWAY DECLARED DISTANCE INFORMATION RWY 13 TORA-7510 TODA-7510 ASDA-7510 LDA -7510 RWY 18 TORA-6080 TODA-6680 ASDA-6680 LDA -6080 RWY 31 TORA-7510 TODA-7510 ASDA-7510 LDA -7510 _RWY 36 TORA-6080 TODA-6080 ASDA-6080 LDA -6080 L 55 0 I A iii\vW V / \ v I \ I / I I 4. // 1 I , 1 4// Bear Lane I \ I / I \\\ //11 \ / 1 \v/ 1 I 1 I RPZ li 36 SOURCE: U.S. WEATHER BUREAU - CORPUS CHRISTI, TEXAS RECORD: NOV. 1949 - OCT. 1956 INCL. TOTAL OBSERVATIONS: 61.368 WIND COVERAGE - 15 MPH COMPONENT RUNWAY 13-31 92.8% RUNWAY 13-31 AND RUWNAY 18-36 98.7% 1 1 i CORPUS CHRISTI INTERNATIONAL AIRPORT SCALE: N.T.S. AIRPORT LAYOUT PLAN EXHIBIT A PREPARED BY: CDB APPR BY: CARL GROSS DATE: 05-23-2017 CITY OF CORPUS CHRISTI DEPARTMENT OF AVIATION 2017 PROJECT NO. PAGE 1 OF 1 Corpus Christi International Airport — EXHIBIT B5 LEASED AREA SECURITY CHECKPOINT CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT NOTE: ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL WALLS AND FROM THE CENTERLINE TO CENTERLINE OF EACH INTERIOR WALL . OR. IN THE ABSENCE OF INTERIOR WALLS, THE POINT OF SAID CENTERLINE WOULD BE LOCATED IF SUCH INTERIOR WALL EXISTED. .1110111 SECURITY CHECKPOINT TOTAL FLOOR AREA = 3,271 SF KEY MAP 1 SECURITY CHECKPOINT PrgQ+ed by COEL1NOb, OWkeetlir VCONZALEZ Date OCT -2017 Pro) Name 20IT.LEASEACREEMENTS 107-4" BAGGAGE CLAIM 4102.31 SF 7 r BAGGAGE BREAK -BOO 1900.22 SF 1 Corpus Christi International Airport 115-9" EXHIQIT 86 LEASED AREA BAGGAGE CLAIM AREA CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT NOTE: ALL MEASUREMENTS TO DETERMINE THE AREA OF EXCLUSIVE SPACE LEASED SHALL BE FROM THE INTERIOR OF THE EXTERNAL WALLS AND FROM THE CENTERLINE TO CENTERLINE OF EACH INTERIOR WALL , OR, IN THE ABSENCE OF INTERIOR WALLS. THE POINT OF SAID CENTERLINE WOULD BE LOCATED IF SUCH INTERIOR WALL EXISTED. BAGGAGE BAGGAGE TOTAL FLOOR CLAIM AREA I BREAK -DOWN 4,102.31 SF 1,900.22 SF AREA = 6,002.53 SF KEY MAP • BAGGAGE CLAW Prepared by COELINOIL Approved by. Datc VCONZALEZ OCT -2017 Ptod Name: 2017_LEASE-AGREEMENTS 107-0 Gate 1 CCIA GATE 1 26,757.68 S.F. 205'--0" GATE 3A 30,992.82 S.F. Sa/D4 't57 m 43/75,5,--2 E GATE 2 28,036.35 S.F. 2.05'- GATE 3 GATE 6 United aro.a ,33,880.91 S.F. CROL.'NO L • 61>•s tti:t Eza•ufSg .ET GATE 33 30,898.92 S.F. --- GATE 5 31 ,773.67 S.F. GATE 4 11,741.72 S.F. / Corpus Christi International Airport - UNITED EXTENDED APRON AREA = 3,818 SF 83-0' For 1 EXHIBIT B8 LEASED APRON SPACE UNITED AIRLINES CORPUS CHRISTI INTERNATIONAL AIRPORT 2017AIRLINE LEASE AGREEMENT PREF E SEN flAL USE OF 911'141 POSITIONS EXU121�C &RUNE 1114.A!RCRAF T •1 CPA I2 /.3A SOUTHWEST UNITED 02-9 UNITED 7. 7 ATH -72. w0-80. 737. DC -0 caA AMERICAN EAGLE LRJ AN EA LE A '-J cclA cq.l CCIA r„•�.,,. e r COE; ADFtcveC tro VCONZAtEZ Date OCT -2017 Pio}. Name: 2C IT .L EASE,.,+CPE E `y E.,,. 63 // / /=.'/t/:. . • Corplus Christi International Airport — gas Nihf4 t*J PA�t$p uummiri luau MOW 111.11ii ,11! f-- -AMERICAN E. GSE Storage (AREA = 2,427 SF) —UNITED GSE Storage (AREA = 3,818 SF) 717 SOUTHWEST GSE Storage (AREA = 3,884 SF) EXHIBIT B9 LEASED APRON SPACE GSE STORAGES CORPUS CHRISTI INTERNATIONAL AIRPORT 2017 AIRLINE LEASE AGREEMENT Prep3iv•ci by CBELINOk AODIoved Dy: VCONZALEZ Date: OCT -2017 Prol. Noma: 201T_LE .AGREEMENTS r•f a i LaiIlia:ill= IMAt 10b Im fi gat FIT -111 1,361.83 SqFt o 5- 1 L ,opt MI I 3 r r r r. in ra r r r . r ® . ■...i Ea !•J 1 CORPUS CHRISTI INTERNATIONAL AIRPORT tp J Popo+ . • ' 6Ei11[R law I ia.R aroly 11160 �aveya ++a1 1 • Meeter Greeter Area Mr sie TEAP filX121 EMI I U6 i �, 11165 I Wig LEIF EMI CO Stu CO Mange COP SW. USDA Jim loll!1. A GENERATOR r sr -e1 Super0301 Office ,. it Pam 1 Rem 114 w f UNI11A [LSD. 112 SF Mel MI I 10N UNITED ELS -0, 102.15 SF 0 a+noIJC ip i 1124 Q 0 Mr Media nica1 E]ecNcal HOW l i 41 Al [ IM AA OPS 447.80 SqFt • LC� gltik l Baggage Claim .r IL EXHIBIT B10 GROUND FLOOR LEVEL TOTAL FLOOR AREA 91,477 SqFt L CCIA 25,637.77 SqFt FIS 15,263.54SqFt PUBLIC COMMON USED 22,115.98 SqFt TSA 4,952.33SqFt AIRLINES COMMON USED 6,002.53 SqFt AMERICAN AIRLINE 2,198.57 SqFt SOUTHWEST AIRLINE 3,296.50 SqFt UNITED AIRLINE 2,837.71 SqFt FUTURE AIRLINES 6,873.50 SqFt RENTAL CARS 2,298.57 SqFt UNITED AIRLINE 2,115.0$ SqFt 1 0 OPEN FROM ABOVE iiI•IIII*N*l 11 I .fl) rt. 0 • Ct1F' CORPUS CHRISTI INTERNATIONAL AIRPORT 1,585.96 SqFt Holdroom 1) AMERICAN AGLE AIRLINE 2,681.12 SqFt , z , (Ho/droom 5) II11111111•11111111 0 —0 0 L SOUTHWEST AIRLINE 2,293.47 SqFt (Holdroom 2) Ltri GROUN LOAD / JET BRIDGE 1,015.29 SqFt (+ioldroom 4/6) r f - l • 1 OPEN FROM ABOVE t DEVE1,0011401T AND PLANN,NO -4- ate AGIWAIRPORT QV*RATO.a EXHIBIT 611 SECOND FLOOR LEVEL TOTAL FLOOR AREA 54,278 SqFt CCIA PUBLIC COMMON USED TSA OPS AIRLINES COMMON USED AIRLINE HOLDROOMS (American, Southwest & United + CCIA Ground Load / Jet Bridge) FOODS & RETAIL FIS COMMON AREA 14,744.30 SqFt 17,023.51 SqFt 2,969.00 SqFt 3,271.00 SqFt 9,690.92 SqFt 5,456.10 SqFt 1,123.17 SqFt EXHIBIT C (Reserved) EXHIBIT D DESIGNATION OF RESPONSIBILITIES FOR OPERATION AND MAINTENANCE AIRLINE PREFERENTIAL USE SPACE AIRLINE JOINT USE 1 Ticket Offices & Airline Security Counters and Baggage Operations Baggage Claim Baggage Loading Queue Area Makeup Area & Conveyor Screening Gates Checkpoint Bridges Apron Area 1. Air Conditioning a. Maintenance C C C C C C C C N/A b. Operation C C C C C C C C N/A c. Distribution C C C C C C C N/A N/A 2. Heating a. Maintenance C C C C C C C C N/A b. Operation C C C C C C C C N/A c. Distribution C C C C C C C N/A N/A 3. Lighting a. Bulb & Tube Replacement C A A C C C C C C b. Maintenance C C C C C C C C C 4. Electrical Maintenance C C C C C C C C C 5. Water a. Distribution N/A C C C C N/A N/A C C b. Fixtures N/A A A C C N/A N/A C C 6. Sewage a. Distribution N/A C C C C C N/A N/A N/A b. Fixtures N/A A A C C C N/A N/A N/A 7. Maintenance a. Other than Structure A A A C C C C C N/A b. Structure C C C C C C C C C c. Exterior C C C C C C C C A 8. Custodial Service C A A C C C C C A 9. Window Cleaning a. Exterior N/A C C C C C N/A C N/A b. Interior N/A A A C C C N/A C N/A NOTES: A - AIRLINE, C - CITY, N/A - NOT APPLICABLE. NEW CONSTRUCTION AND DAMAGE REPAIR ARE NOT SUBJECT TO THIS MATRIX AND SHALL BE GUIDED BY THE LEASE DOCUMENT. TOTAL DUE TO CRP $ cel A CORPUS CHRISTI INTERNATIONAL AIRPORT AIRLINE: EXHIBIT E MONTHLY STATISTICAL REPORT ACTIVITY FOR MONTH OF: ACUTAL AIRCRAFT AIRCRAFT NUMBER OF TYPE WEIGHT LANDINGS TOTAL NON TOTAL CHARTER LANDING SIGNATORY SIGNATORY LANDING FEE LANDINGS DIVERSIONS WEIGHT RATE RATE DUE C700 67,000 MI 0 $ - E135 40,785 0 $ - E140 41,226 0 $ - E145 43,651 0 $ - AT72-212 47,068 0 $ - AT72-212A 49,273 0 $ - A319S 0 $ - ERJ 41,226 0 $ - LRJ 43,651 0 $ - SLJ 40,785 0 $ - XRJ 44,092 0 $ - 737-500 110,000 0 $ - 737-300 114,000 0 $ - 737-700 128,000 0 $ - 737-800 144,000 0 $ - 737-900 146,900 0 $ - 757-200 198,000 0 $ - 757-300 224,000 0 $ - EMB -190 97,000 0 $ - CE -208B 8,500 0 $ - MD -82 130,000 0 $ - MD -83 139,500 0 $ - MD -87 128,000 0 $ - B 737-400 $ - TOTAL LANDINGS TOTAL SEATS AVAILABLE PER USE (TURN) FEE 0 Signatory Gate Use Fee Signatory RON (Runway Overnight Parking) Non -Signatory Per Turn Charge Non -Signatory RON ENPLANED REV PASSENGERS ENPLANED NON REV PASSENGERS TOTAL ENPLANED PASENGERS NUMBER OF PER TURNS 0 CARGO: MAIL ENPLANED (OUTBOUND) DEPLANED (INBOUND) TOTAL POUNDS 0 TOTAL LANDING WEIGHT FREIGHT 0 RATE Total $ DEPLANED REV PASSENGERS DEPLANED NON REV PASSENGERS TOTAL DEPLANED PASENGERS $ $ $ $ 0 Prepared/Approved by: 0 Date EXHIBIT F (Reserved) EXHIBIT G (for illustrative purposes only) AVIATION ACTIVITY CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Enplaned Passengers: American 127,300 Southwest 117,473 United 95,965 Charters 2,438 Total 343,176 Aircraft Operations: American 2,219 Southwest 1,346 United 2,012 Charters 38 Total 5,616 Aircraft Landed Weight (1000 -Ib units): American 133,877 Southwest 166,712 United 97,791 Charters 5,266 Total 403,646 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 1 of 16 7/2/2018 EXHIBIT 6 (for illustrative purposes only) CURRENT TERMINAL SPACE (s.f.) CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal years Ending September 30) Budget 2017-18 Terminal Space: ATO/Bag Belt: American 1,104 Southwest 1,827 United 1,362 Vacant (incl 061 Ctr, ATO, Beg Bell) 6,874 Total ATO/Bag Belt 11,166 Ticketing: American 296 Southwest 470 United 365 Total Ticketing 1,131 American 351 Southwest 581 United 296 Total Queueing 1,227 Ops: American 448 Southwest 419 United 601 Total Ops 1,468 BSO: American 0 Southwest 0 United 214 Total 850 214 Holdroom: American Southwest United Vacant/Ground Loading (Gates 1,4,6) Total HOIdr00n1 Airline Exclusive/Preferential Space: American Southwest United Vacant 2,064 2,293 2,310 3,023 9,691 4,263 5,590 5,147 9,897 Total Exclusive/Preferential Space [A] 24,897 Airline Joint Use: Baggage Claim Public 4,102 Baggage Claim Tug Drive 1,900 Security Checkpoint 4,505 Total Joint Use Space [B] 10,507 Total Airline Space [C=A+B] 35,404 LESS: Airline Vacant Space (9,897) Total Airline Leased Space 25,507 Other Terminal Space: Concession 5,456 Rental Car Counters/Offices 2,299 TSA Offices 6,687 Administrative Offices 14,744 Public Common Used 39,139 Other 42,025 Total Other Terminal Space [D] 110,351 Total Terminal Space [E=C+D] 145,755 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Finanual Modal .30 FINAL .1 xlsx Page 2 of 16 712/2018 EXHIBIT G (for illustrative purposes only) DEBT SERVICE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Total [A] $ 631,601 Percent Allocatated: Airfield [B] 59.8% Terminal Building and Area [C] 23.5% Parking and Ground Transportation [D] 8.9% Other [E] 7.8% Total 100.0% By Cost Center: Airfield [F=A*B] $377,545 Terminal Building and Area [G=A*C] 148,615 Parking and Ground Transportation [H=A*D] 56,180 Other [I=A*E] 49,261 Total [J=F+G+H+I] $631,601 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 3 of 16 7/2/2018 EXHIBIT G (for illustrative purposes only) OPERATING EXPENSES CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 By Category: Personnel $ 3,461,457 Benefits $ 1,594,857 Supplies and Equipment $ 467,530 Contract Services $ 853,541 Utilities $ 636,000 Maintenance and Repairs $ 399,373 Administrative $ 567,631 Insurance $ 331,050 Total [A] $ 8,311,439 Percent Allocatated: Airfield [B] 21.5% Apron [C] 2.4% Terminal Building and Area [D] 45.5% Parking and Ground Transportation [E] 20.2% Aviation [F] 5.1% Non -Aviation [G] 5.2% Total 100.0% By Cost Center: Airfield [H=A*B] $ 1,788,449 Apron [I=A*C] $ 198,717 Terminal Building and Area [J=A*D] $ 3,781,782 Parking and Ground Transportation [K=A*E] $ 1,679,967 Aviation [L=A*F] $ 426,332 Non -Aviation [M=A*G] $ 436,192 Total $ 8,311,439 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 4 of 16 7/2/2018 EXHIBIT G (for illustrative purposes only) CIP FUNDING PLAN (Fiscal Years Ending september 30) CORPUS CHRISTI INTERNATIONAL AIRPORT Estimated Funding Sources Project Name Year Project Cost Actuals Variance Entitlement Discretionary CFCs Local (non PFCs) Local (PFCs) Other (3rd Party, etc) Rehabilitate Terminal Air Carrier Apron (Taxilane), Area Al, (Construction) 1/1/2017 3,333,333 0 3,333,333 $ - $ 3,000,000 $ - $ 333,333 $ - $ Rehabilitate Terminal Air Carrier Apron (Taxilane), Area A2, (Plans & Specs.) 1/1/2017 361,111 0 361,111 $ 325,000 $ - $ - $ 36,111 $ - $ Rehabilitate East GA Apron, Areas A5, A6 & A7, (Construction) 1/1/2017 3,972,222 0 3,972,222 $ 1,875,000 $ 1,700,000 $ - $ 397,222 $ - $ Rehabilitate East GA Apron, Areas A8 & A9 (Plans & Specs.) 1/1/2017 333,333 0 333,333 $ 300,000 $ - $ - $ 33,333 $ - $ 2016-17 Subtotal $ 7,999,999 $ - $ 7,999,999 $ 2,500,000 $ 4,700,000 $ $ 800,000 $ $ Rehabilitate Terminal Air Carrier Apron (Taxilane), Area 2 (Construction) 1/1/2018 5,972,222 5,972,222 $ 1,375,000 $ 4,000,000 $ - $ 597,222 $ - $ Rehabilitate Terminal Air Carrier Apron (Taxilane), Area 3 (Plans & Specs.) 1/1/2018 361,111 361,111 $ 325,000 $ - $ - $ 36,111 $ - $ Rehabilitate East GA Apron, Areas A8 & A9 (Construction) 1/1/2018 4,277,778 4,277,778 $ 600,000 $ 3,250,000 $ - $ 427,778 $ - $ Rehabilitate East GA Apron, Area A10 (Plans & Specs.) 1/1/2018 222,222 222,222 $ 200,000 $ - $ - $ 22,222 $ - $ 2017-18 Subtotal $ 10,833,333 $ - $ 10,833,333 $ 2,500,000 $ 7,250,000 $ - $ 1,083,333 $ $ Rehabilitate Terminal Air Carrier Apron (Taxilane), Areas 3 (Construction) 1/1/2019 6,333,333 6,333,333 $ 1,700,000 $ 4,000,000 $ - $ 633,333 $ - $ Rehabilitate East GA Apron, Area A10, (Construction) 1/1/2019 2,222,222 2,222,222 $ - $ 2,000,000 $ - $ 222,222 $ - $ Improve Terminal Building, Phase I (Building Assessment(//CRP Funded [$250,000] 1/1/2019 0 0 $ - $ - $ - $ - $ - $ CRP's Entitlement Reimbursement [FY -2020//$250,000] 1/1/2019 0 0 $ - $ - $ - $ - $ - $ Acquire 1500 Gallon ARFF Vehicle 1/1/2019 888,889 888,889 $ 800,000 $ - $ - $ 88,889 $ - $ 2018-19 Subtotal $ 9,444,444 $ - $ 9,444,444 $ 2,500,000 $ 6,000,000 $ - $ 944,444 $ - $ FY-2020//Improve Terminal Building, Phase II (Assessment, Plans & Specs.) 1/1/2020 1,388,889 1,388,889 $ 1,250,000 $ - $ - $ 138,889 $ - $ FY-2021//Improve Terminal Building, Phase III [Construction//$10.OM (est.)//CRP Funded] 1/1/2020 4,166,667 4,166,667 $ 3,750,000 $ - $ - $ 416,667 $ - $ CRP's Entitlement Reimbursements [FY(s)- 2022, 2023, and 2024] 1/1/2020 8,333,333 8,333,333 $ 7,500,000 $ - $ - $ 833,333 $ - $ 2019- 2024 Subtotal $ 13,888,889 $ - $ 13,888,889 $ 12,500,000 $ - $ - $ 1,388,889 $ - $ Total Project Costs Please Note: ATO May Request Relocation of ASR -11 Due to Line -Of -Site Problems (RWY 13 End) $ 42,166,665 $ - $ 42,166,665 $ 19,999,999 $ 17,949,999 $ $ 4,216,667 $ - $ Note: Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model -30 FINAL v2- EAigc G.dv Page 5 of 16 7/2/2018 EXHIBIT G (for illustrative purposes only) NON -AIRLINE REVENUE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Non -Airline Operating Revenue by Cost Center: Airfield: Fuel flowage fees $ 90,065 Security service $ 321,360 Total Airfield [A] $ 411,425 Apron: RON Fees [Bl $ 1.000 Terminal Building and Area: Resale - Electric Power - Term $ 60,000 Airline Janitorial Services $ 40,450 Gift shop concession $ 115,500 Restaurant concession $ 170,268 Automated teller machines $ 12,000 Advertising space concession $ 60,000 Airport Badging Fees $ 36,950 TSA -Check Point Fees $ 87,600 Terminal Space Rental -other $ 500,436 Trash hauling - caterer $ - Other revenue $ 1,000 Total Terminal Building and Area [C] $ 1,084,204 Parking and Ground Transportation: Parking lot $ 1,387,586 Premium Covered Parking $ 808,977 Auto rental concession $ 1,433,496 Parking fines -Airport $ - Rent -a -car parking $ 59,760 Rent -a -car Security Fee $ 262,824 Ground transportation $ 69,660 Total Parking & Ground Transportation [D] $ 4,022,303 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 6 of 16 7/2/2018 EXHIBIT G (for illustrative purposes only) NON -AIRLINE REVENUE (con't) CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Aviation: Fixed based operator revenue $ 534,000 Cargo Facility Rental $ 29,364 Total Aviation [E] $ 563,364 Non -Aviation: Rent - commercial non -aviation $ 72,504 Agricultural leases $ 71,414 Gas and oil sales $ 7,056 Oil and gas leases $ 10,800 Total Non -Aviation [F] $ 161,774 By Cost Center: Airfield [A] $ 411,425 Apron [B] $ 1,000 Terminal Building and Area [C] $ 1,084,204 Parking and Ground Transportation [D] $ 4,022,303 Aviation [E] $ 563,364 Non -Aviation [F] $ 161,774 Total Non -Airline Operating Revenue [G] $ 6,244,070 Non -Operating Revenue: Interest on investments $ 16,800 Tenant Maintenance Services $ Net Inc/Dec in Fair Value of Investment $ Sale of scrap/city property $ 3,250 Purchase discounts $ 3,000 Total Non -Operating Revenue [H] $ 23,050 Total Non -Airline Revenue [I=G+H] $ 6,267,120 Interfund Contributions: Interdepartmental Services Transfer from other Fund [J] $ 48,000 [K] $ 22,806 Total Non -Airline Revenue and Interdepartmental Contributions [L=l+J+K] $ 6,337,926 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 7 of 16 7/2/2018 EXHIBIT G (for illustrative purposes only) LANDING FEE AND REVENUE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Airfield Requirement: Operating Expenses Debt Service Capital Outlay Total Requirement Budget 2017-18 $ 1,788,449 $ 377,545 [A] $ 2,165,994 Adjustments: Apron Credit $ GSE Storage Credit $ 16,131 Net Airfield Requirement: $ 2,149,864 Required Landing Fee (no subsidy applied) $ 5.33 Airfield Credits: Non -Signatory Airline Landing Fees $ Non -Airline Revenue $ 411,425 Total Airfield Credits [B] $ 411,425 Net Airfield Requirement (airfield credits applied) [C=A -B] $ 1,738,439 Landed Weight (1000 -Ib units): [D] 403,646 Landing Fee Rate (without addl subsidy applied) [E=C/D] $ 4.31 Discretionary Revenue Applied [F] $ 533,152 Net Airfield Requirement [G=C -F] $ 1,205,286 Revised Landing Fee Rate [H=G/D] $ 2.99 Total Landing Fee Requirement [I=D*H] $ 1,205,286 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 8 of 16 7/2/2018 EXHIBIT G (for illustrative purposes only) AIRCRAFT PARKING APRON AREA AT TERMINAL (s.f.) CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Year Ending September 30) Budget 2017-18 Apron Requirement: Operating Expenses $ 198,717 Debt Service $ Capital Outlay Total Requirement [A] $ 198,717 Apron Credits: RON Fees [B] $ 1,000 Net Apron Requirement [C=A -B] $ 197,717 Preferential Use Apron Area Leased [D] 121,702 Apron Fee (per s.f.) [E=C/D] $ 1.62 Total Apron Fee Revenue [F=D*E] $ 197,717 Apron Revenue: American $ 51,619 Southwest $ 45,548 United $ 100,549 Total Apron Fee Revenue by Carrier $ 197,717 Amounts may not add due to rounding. Source: Airport Management records. 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 9 of 16 7/2/2018 EXHIBIT G (for illustrative purposes only) GSE STORAGE AREA CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Airline Rented (sf): American [A] 2,427 Southwest [B] 3,684 United [C] 3,818 Total S.F. Airline Rented 9,929 GSE Rate [D] $1.62 Airline GSE Revenue: American [E=A*D] $ 3,943 Southwest [F=B*D] $ 5,985 United [G=C*D] $ 6,203 Total GSE Revenue $ 16,131 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 10 of 16 7/2/2018 EXHIBIT G (for illustrative purposes only) TERMINAL RENTAL RATE AND REVENUE CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Terminal Requirement: Operating Expenses $ 3,781,782 Debt Service $ 148,615 Capital Outlay Apron Allocation $ Total Terminal Requirement Required Terminal Rate (no subsidy applied) [A] $ 3,930,396 $ 154.09 Terminal Credits: Non -Airline Revenue $ 1,084,204 Gate Fee Revenue $ 43,410 Federal Inspection Services $ - Total Terminal Credits [B] $ 1,127,614 Total Airline Terminal Requirement (no Subsidy) [C=A -B] $ 2,802,782 Airline Leased Premises [D] 25,507 Terminal Rate (terminal credits applied/no addl subsidy) [E=C/D] $ 109.88 Gross Airline Terminal Revenue (no Subsidy) $ 2,802,782 Discretionary Revenue Applied Net Airline Terminal Revenue Effective Terminal Rate (with addl subsidy applied) Exclusive/Preferential Airline Rented Space Joint Use Space Terminal Revenue: Exclusive/Preferential Space Joint Use Space Total Terminal Revenue [F] $ 533,469 [G=C -F] $ 2,269,314 [H=G/D] $ 88.97 [1] 15,000 [J] 10,507 25,507 [K=H*I] $ 1,334,532 [L=H*J] $ 934,782 [M=K+L] $ 2,269,314 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 11of16 7/2/2018 EXHIBIT G (for illustrative purposes only) GATE USE FEE CALCULATION CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Budget 2017-18 Total Gate Use Fee Requirement Effective Terminal Rate (with addl subsidy applied) [A] $ 88.97 Holdroom Space (sf) [B] 9,691 Total Holdroom Requirement [C=A*B] $ 862,177 Apron Requirement [D] $ 197,717 Total Gate Use Fee Requirement [E=C+D] $ 1,059,894 Total Annual Commercial Passenger Operations Average Signatory Gate Use Fee Per Operation Average Non -Signatory Gate Use Fee Per Operation All Gate Signatory Operations All Gate Non -Signatory Operations All Gate Signatory Revenues All Gate Non -Signatory Revenues Total Gate Revenues [F] 5,616 [G=E/F] $ 188.74 [H] $ 235.92 [I] 200 [J] 24 [K= G*I] $ 37,748 [L=H*J] $ 5,662 [M=K+L] $ 43,410 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 12 of 16 7/2/2018 EXHIBIT G (for illustrative purposes only) CORPUS CHRISTI INTERNATIONAL AIRPORT CALCULATION OF NET REVENUE AVAILABLE TO SHARE (Fiscal Years Ending September 30) Budget 2017-18 Revenue: Net Landing Fee Revenue (before subsidy) $ 1,738,439 Apron Fee Revenue 197,717 GSE Storage Fee Revenue 16,131 Terminal Rental Revenue (before subsidy) 2,802,782 Non -Airline Revenue: Airfield 411,425 Apron Fee Revenue 1,000 Terminal Building & Area 1,084,204 Parking and Ground Transportation 4,022,303 Aviation 563,364 Non -Aviation 161,774 Non Operating Revenue 23,050 Interfund Contributions 70,806 Total Revenue [A] $ 11,092,994 Operating Expense: Airfield $ 1,788,449 Apron 198,717 Terminal Building & Area 3,781,782 Parking & Ground Transportation 1,679,967 Aviation 426,332 Non -Aviation 436,192 Total Operating Expense Debt Service: Airfield Terminal Building & Area Parking & Ground Transportation Other Total Debt Service Total Airport Capital Expense Total Expense (including Debt Service) Amount Available to Share (after local CIP match) Terminal Upgrade Reserve [B] $ 8,311,439 $ 377,545 148,615 56,180 49,261 [C] $ 631,601 [D] $ 1,083,333 [E=B+C] $ 8,943,040 [F=A -D -E] $ 1,066,621 [G] $ - Adjusted Available to Share [H=F-G] $ 1,066,621 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 13 of 16 7/2/2018 EXHIBIT G (for illustrative purposes only) COST PER ENPLANED PASSENGER CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Airline Revenue: Landing Fees Terminal Rentals Apron Revenue GSE Storage Budget 2017-18 1,205,286 2,269,314 197,717 16,131 Total Airline Revenue [A] $3,688,447 Enplaned Passengers [B] 343,176 Cost per Enplaned Passenger [C=A/B] $10.75 Amounts may not add due to rounding. Source: Airport management records 2018 CRP Financial Model - 30 FINAL v2 - Exhibit G.xlsx Page 14 of 16 7/2/2018 EXHIBIT G (for illustrative purposes only) AIRLINE RATES SUMMARY (Fiscal Years Ending September 30) Landing Fee (per 1,000 lbs.) American Southwest United Charters CORPUS CHRISTI INTERNATIONAL AIRPORT Budget 2017-18 Landed Weight 133,877 $ 166,712 $ 97,791 $ 5,266 $ Rate 2.99 $ 2.99 $ 2.99 $ 2.99 $ Total 399,756 497,802 292,003 15,725 'Total Landing Fees 403,646 $ 1,205,286 Terminal Rent `Exclusive/Preferential Ticket Counter/ATO/BSO/Queueing/Bag Belt: American Southwest United Vacant Ops: American Southwest United Holdroomt American Southwest United Vacant Apron: American Southwest United GSE Storage: American Southwest United S.F. Rate Total 1,751 $ 88.97 $ 155,762 2,878 $ 88.97 $ 256,004 2,237 $ 88.97 $ 198,995 6,874 $ 88.97 448 $ 88.97 $ 39,840 419 $ 88.97 $ 37,277 601 $ 88.97 $ 53,469 2,064 $ 88.97 $ 183,656 2,293 $ 88.97 $ 204,044 2,310 $ 88.97 $ 205,485 3,023 $ 88.97 31,774 $ 1.62 $ 51,619 28,036 $ 1.62 $ 45,548 61,892 $ 1.62 $ 100,549 2,427 $ 1.62 $ 3,943 3,684 $ 1.62 $ 5,985 3,818 $ 1.62 $ 6,203 'Total Exclusive/Preferential 156,528 $ 1,548,379 ' 'Joint Use Bag Claim Public: American Southwest United Unscheduled Total Bag Claim Public Bag Claim Tunnel: American Southwest United Unscheduled Total Bag Claim Tunnel Security Checkpoint: American Southwest United Unscheduled Total Security Checkpoint S.F. Percentage Total Using 100% Joint Use Scenario 37.1% $ 135,375 34.2% $ 124,925 28.0% $ 102,052 0.7% $ 2,592 4,102 $ 88.97 $ 364,945 37.1% $ 62,704 34.2% $ 57,864 28.0% $ 47,269 0.7% $ 1,201 1,900 $ 88.97 $ 169,038 37.1% $ 148,675 34.2% $ 137,199 28.0% $ 112,078 0.7% $ 2,847 4,505 $ 88.97 $ 400,799 'Total Joint Use 10,507 $ 88.97 $ 934,782' 'Total Exclusive/Preferential & Joint Use Fees 167,035 $ 2,483,161 ' 2018 CRP Financial Model -30 FINAL v2- EAigc a.xlex Page 15 of 16 7/20010 ) EXHIBIT G (for illustrative purposes only) AIRLINE RATES SUMMARY (coni) CORPUS CHRISTI INTERNATIONAL AIRPORT (Fiscal Years Ending September 30) Summary by Airline: Landing Fees: Amencan Southwest United Unscheduled Exclusive/Preferential: American Southwest United Vacant Total Preferential (Joint Use: American Southwest United Unscheduled Total Joint Use Budget 2017-18 $ 399,756 $ 497,802 $ 292,003 $ 15,725 $ 1,205,286 $ 434,819 $ 548,859 $ 564,701 $ 1,548,379 $ 346,754 $ 319,988 $ 261,400 $ 6,640 934,782 'Total Landing & Terminal Rental Fees $ 3,688,447 1 Amounts may not add due to rounding. source: Airport management records 2018 CRP Financial Model -30 FINAL v2- EAigc G.dv Page 16 of 16 7/20010 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 15, 2019 Second Reading Ordinance for the City Council Meeting of January 22. 2019 DATE: TO: Keith Selman, Interim City Manager 11/28/2018 FROM: Nina Nixon -Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Right -of -Way License Agreement for a private wastewater collection system and conveyance system force main. CAPTION: Ordinance authorizing a Right -of -Way License Agreement with BL Marina Properties, LP., ("Permittee") to install a private wastewater conveyance system force main subject to the Permittee's compliance with specified conditions. PURPOSE: BL Marina Properties, ("Permittee") has a property located at 101 Caribbean Drive. The Permittee intends to install a private lift station on the property and install 225 -linear feet of 2 -inch force main that will discharge into the City's wastewater collection system manhole. BACKGROUND AND FINDINGS: BL Marina Properties, LP., intends to discharge property wastewater via a proposed 225 - linear foot of proposed 2 -inch force main. The force main would run west and run in the public Caribbean Drive Right -of -Way and discharge into a wastewater manhole located at the intersection of Caribbean Drive and Nassau Drive. The force main will be operated and maintained by the private developer as a stipulation of the license agreement. This proposed RV property is at a lower topographic elevation than the servicing manhole which will not allow for gravity conveyance. A private lift station and a licensed force main will be needed to serve the development. This service approach ensures that no septic system would be considered. The City of Corpus Christi Utilities Department requires that BL Marina Properties, LP build and maintain the proposed wastewater service as private system. ALTERNATIVES: Deny the request of a Right -of -Way License Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Charter Article IX, Section 1, requires City Council approval for use of any portion of public right-of-way for private purposes. Ordinance 026217, Section 3. Section. 49-61. Fees for use of public ways by unauthorized pipelines. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any objections regarding the proposed Right -of -Way License Agreement, provided the applicant meets the specified conditions set out in the Right -of -Way License Agreement. FINANCIAL IMPACT: ❑ Operating Filt. Revenue ❑ Capital ❑ Not Applicable ❑Other Fiscal Year: 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $562.50 $562.50 BALANCE $562.50 $562.501 Fund(s): General Funds 1 Note: Permit fee set at $2.50/1inear foot Comments: None RECOMMENDATION: Staff recommends approval and adoption of the ordinance. Owners must comply with all the following specified conditions of the ordinance: a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose, the Permittee agrees to provide the City with a one-time Right -of -Way License Agreement fee of $562.50. b. The Permittee' use of the private wastewater sewer main is strictly limited to serving the Permittee' facilities in Caribbean Dreams. Permittee may not provide wastewater service through the wastewater sewer main to any facilities other than the facilities specified in this section nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the force main to any facility whether owned by the Permittee or by another person or entity. c. All costs incurred to install, operate, maintain, repair, and remove the wastewater sewer main are the sole responsibility of the Permittee. LIST OF SUPPORTING DOCUMENTS: Ordinance Right -of -Way License Ordinance authorizing a Right -of -Way License Agreement with BL Marina Properties, LP., ("Permittee") to install a private wastewater collection system and conveyance system force main subject to the Permittee's compliance with specified conditions. WHEREAS, BL Marina Properties, LP, LLC., ("Permittee"), desires to install, operate, maintain, repair, and remove a private wastewater collection system and conveyance system force main ("Wastewater Line") located south of Caribbean Drive and east of Nassau Drive; WHEREAS, the Permittee has requested, and the City of Corpus Christi ("City") desires to execute, a one-year term Right -of -Way Agreement ("Agreement"). At the end of the initial term, this Agreement renews automatically, in order to accomplish the purpose and use intended by the Permittee within the public right-of-way; WHEREAS, in accordance with Article IX, Section 1 of the City Charter, the City Council authorizes the City Manager or designee to enter into the Agreement for the benefit of the City and the Permittee, subject to the Permittee's compliance with the specified provisions of the Use Privilege Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a one-year term Right -of -Way License Agreement ("Agreement"). At the end of the initial term, this Agreement with BL Marina Properties, LP, ("Permittee"), renews automatically, to allow the Permittee to install, operate, maintain, and remove a private wastewater sanitary sewer main ("Wastewater Line") located south of Caribbean Drive and east of Nassau Drive, such Agreement at all times subject to the Permittee's compliance with the conditions specified in the Agreement. A copy of the Agreement is attached to this ordinance and being incorporated by reference into this ordinance as if fully set out herein in their entirety. SECTION 2. The Agreement authorized in Section 1 of this ordinance is subject to the Permittee's compliance with the conditions of the Agreement including, but not limited to, the provisions specified below: a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose, the Permittee agrees to provide the City with a one-time Right -of -Way license Agreement fee of $562.50. b. The Permittee's use of the wastewater sanitary sewer main is strictly limited to serving the Permittee's Caribbean Dreams facilities. Permittee may not provide wastewater service through the wastewater sanitary sewer main to any facilities other than the facilities specified in this section, nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the two-inch wastewater sanitary sewer main to any facility whether owned by the Permittee or by another person or entity. c. All costs incurred to install, operate, maintain, repair, and remove the wastewater Page 1 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 1 EXHIBIT C INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability 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 cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS' S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 POLLUTION LIABILITY (Including Cleanup and Remediation) $1,000,000 Per Incident Limit $1,000,000 Aggregate EXHIBIT C 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. EXHIBIT C 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 Development Services Use of City Easement for Installation of New Sanitary Sewer 04/30/2018 sw Risk Management City of ilk Corpus Christi Exhibit D DISCLOSURE OF INTERESTS City of Col pus C'hrisIi, T'ei Department of De%elopmenl Ser.ieee P.O. Box 9277 Corpus Cluisli, Texas 78469-9277 (361)826-3210 Localed al: 2406 Leopard Street (Comer of Leopard Si and Port Ave.) 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: f L. /A A Rti,JA I f STREET: 57-1e i4 17y 2,0 IA/ 4124o CITY: A -v0 Tin/ � }C ZIP: —1" -re). - FIRM is: ❑ Corporation 14artnership ['Sole Owner ❑Association DDther 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) NUN\L 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 NvA/F 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 No AV 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person:_ ) t —'s + AA t AJS (Print) f r Signature of Certifying Person: l'�t] Title: 6.-perte sr�� Date: / K'1DE VELOi'1¢A'TSVCS'\.SHAREDILAND DEVELOPMENRORD[NANCE A0MINIS1 RATIONIAPPLICATION FORT.tS'FORMS AS PFR LEGAL12012,DISCI.0SURE OF INTE RESTS STATE SMENT1.27.12 DOC Pagel oft Exhibit D DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official'. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. DENT LOP,MF.NTSVCS,SHARED'IAND DEVELOPSiEN ORDINANCE ADMINISTRATION1APPLICATTON FOEMSTORMS AS PER LEUAL52OI2,DISCLOSURE OF INTERESTS Page 2 of 2 STATEMENT 117.12DOC Right -of -Way License Agreement for Caribbean Dreams City Council Presentation January 15, 2019 Aerial Overview Waldron Field Norf At N FLOUR Proposed Force Main Layout Existing Wastewater a ' Manhole `. 'dr 1! Proposed 2" PVC pipeline .46. I .4:4 I I . P ij- i I a�'-Right-of-Way x"1'1 SFe be e 4. j lit 'OL I". Oki/ PI/ C, Cl 0r` lir Force Main Caribbean Dreams RV Park Lift Station ri Staff Recommendation • Approval Proposed Right -of -Way Plan —1vcam. u orims— 6941,1ep- v' yet:. • Cvu aTaa I N26.09'S3'E 1030.26' avcrrsaeex CONTRACTOR MUST PROVIDE A CERTIFICATE OF jF ` INSURANCE NAMING THE CITY OF CORPUS CHRISTI AS AN ADDITIONAL INSURED PRIOR TO BEGINNING WORK WITHIN THE CITY'S RIGHT OF WAY 1 L7 ,- LS L5 L4 -•'4, �niv���n<rrm®w7.101 • �c wuxe rwi rwr , ,sm ri ..,� -nno ...E RM.!! OWL IC ...NO Er Mr. MO !NM TO OE NOM. Lir LORIRRY CA L8 EYDU DIG! fir _ AT I -11T10-111919,71. I, - .j 111 ® ""NERIN RIO AGENDA MEMORANDUM First Reading Item for the City Council Meeting of January 15, 2019 Second Reading Item for the City Council Meeting of January 22, 2019 DATE: January 3, 2019 TO: Keith Selman, Interim City Manager FROM: Becky Perrin, Interim Director, Parks and Recreation Department BeckyP@cctexas.com 361-826-3460 Lease Agreement with Incarnate Word Academy CAPTION: Ordinance authorizing five-year lease agreement with Incarnate Word Academy for the use of Dick Runyan Baseball Field at Evelyn Price Park near 3800 Gollihar Road in consideration of $50 monthly fee and compliance with property maintenance standards. PURPOSE: Lease Dick Runyan High School Baseball Field to Incarnate Word Academy. BACKGROUND AND FINDINGS: In November 2008, the City awarded a five-year Construction and Lease Agreement to Incarnate Word Academy for improvements and lease of Dick Runyan Field. The primary use of the field was to operate a high school baseball program during the months of January through May. Incarnate Word Academy was responsible for improving and maintaining the field during the baseball season. The Parks & Recreation Department was to maintain the field during the off season. In November of 2013 the agreement was renewed for an additional 12 -month term and the final contract expired November 2014. The field has been unoccupied and minimally maintained by the Parks & Recreation Department since the expiration of the last lease agreement. The Parks & Recreation Department is recommending awarding a field Lease Agreement with Incarnate Ward Academy to lease Dick Runyan High School Baseball Field located at Price Park, 3800 Gollihar Road, to use as their primary High School Baseball Field. The City will lease the field "As Is"; Incarnate Ward will pay a monthly lease fee of $50 and will be responsible for premises' maintenance and improvements. ALTERNATIVES: Do not approve the lease for Dick Runyan High School Baseball Field. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all lease agreements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Parks & Recreation, Legal FINANCIAL IMPACT: Operating X Revenue ❑ Capital Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item $400.00 $2,600.00 $3,000.00 BALANCE $400.00 $2,600.00 $3,000.00 Fund(s): General Fund Comments: The Lease will go into effect upon final City Council approval. RECOMMENDATION: Approve the lease Agreement with Incarnate Word Academy. LIST OF SUPPORTING DOCUMENTS: Proposed Lease Agreement Ordinance Ordinance authorizing five-year lease agreement with Incarnate Word Academy for the use of Dick Runyan Baseball Field at Evelyn Price Park near 3800 Gollihar Road in consideration of $50 monthly fee and compliance with property maintenance standards. 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 Incarnate Word Academy for the use of Dick Runyan field at Evelyn Price Park located near 3800 Gollihar Road in consideration of $50 monthly fee and compliance with property maintenance standards. A copy of the Agreement is on file with the Office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND INCARNATE WORD ACADEMY OF CORPUS CHRISTI This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ("City"), acting through its duly authorized City Manager or designee ("City Manager"), and Incarnate Word Academy of Corpus Christi ("Lessee"), a Texas unincorporated nonprofit association, acting through its duly authorized President of Lessee. WHEREAS, the City owns property shown on the attached site map Exhibit A, which said property is located in Corpus Christi, Nueces County, Texas, a portion of which will be known as the "Premises"; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit B; WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the City of Corpus Christi leases the Premises shown in Exhibit A which tern includes all improvements located thereon (the "Improvements") to the Lessee for the original term of this Lease as described on the attached Exhibit B, beginning on day of City Council approval, ("Effective Date") which is , unless sooner terminated as set out herein. Upon Effective Date, this lease terminates the prior leases between the parties for use of said Premises. Section 2. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ("Director"). Section 3. Use of Premises and Primary Purpose. A. Lessee must use the Premises with the primary purpose being for the operation of high school Baseball described on attached Exhibit B and for no other purpose without the Director of Parks and Recreation or designee ("Director") prior written approval. B. Lessee shall have a sufficient number of employees or volunteers to assist in managing the Premises including but not limited to, operating any concession stand; and maintaining the maintenance standards set out by the City of Corpus Christi. An employees shall be employees of the Lessee, not the City. C. Lessee shall ensure all employees or volunteers conduct themselves in an orderly manner and in keeping with the conduct required of Exhibit C. Lessee and employees shall use language and conduct that is suitable to families and youth. D. Lessee shall adequately publish and enforce all rules and regulations in accordance with governing the usage of the Premises in accordance with Exhibit C E. Lessee will provide suitable signage at the Premises advising the public that the Premises is operated by the Lessee under a lease agreement and not operated by the City of Corpus Christi. F. Lessee must pay $50.00 a month for each field located at the Premises. Exhibit B, description of Facility will state number of fields located at the Premises. The fields can also be seen in Exhibit A. The payment must be made on or before the 7"' day of each month. Failure to make payment on time will result in a $10.00 late fee for each day the payment has not been made, up to 10 days. Failure to make payment in full within 10 days of due date may result in the termination of the lease. All payments must be mailed to the following address listed below: Mailing Address: Central Cashiering City of Corpus Christi AR Collections P. 0. Box 9257 Corpus Christi, TX 78469-9257 Section 4. Premises Maintenance and Improvements. Lessee must maintain the Premises and all Improvements on a year-round basis in accordance with all Premises maintenance rules listed in the Standard of Maintenance, Exhibit E. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: A. Lessee shall keep fully operational and in good repair the entire Premises, including but not limited to fencing, lighting, scoreboards, bleachers, irrigation systems and any buildings (concessions/ restrooms) if any are present or installed on the Premises; B. Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year, C. Lessee must maintain the Premises in good condition including but not limited to compliance with the guidelines set forth in Exhibit E, Standard of Maintenance. Furthermore, Lessee will be responsible for maintaining the grass in the adjacent viewing/access areas at a safe height not to exceed three (3) inches; Failure to keep the grass on the fields at or below three (3) inches in height will be grounds for termination of this Lease; D. Lessee shall ensure that parking is confined to on -street parking only, or designated parking lots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area(s); 2 E. Lessee is responsible for proper installation and use of all equipment and improvements on Premises; F. If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Lessee must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty-eight (48) hours after the need for repair is discovered; Lessee shall not allow use of the Premises until the anchoring system is repaired; G. Lessee shall have an adequately stocked first aid kit on the premises (minimum requirements: non-sterile gloves, antiseptic spray or wipes, assorted band aids, ace bandages, flexible splints, athletic tape, scissors, ice packs,) and fire extinguisher at all times; H. Lessee shall be responsible for providing all necessary equipment and supplies to operate and maintain the Premises. This includes but is not limited to all supplies needed to operate programs and all equipment needed to maintain the Premises to meet City standards. I. Lessee must notify the Director of Parks and Recreation or designee ("Director") dal! dangerous conditions or special defects. Lessee must not use, or allow to be used, any areas of the Premises which has dangerous conditions or special defects. J. Lessee must immediately report any vandalism to the Director of Parks and Recreation or designee ("Director"), and the Corpus Christi Police Department; Section 5. Compliance with Maintenance Standards. The Director of Parks and Recreation or designee ("Director"), or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Lease. At a minimum the City will complete the attached Exhibit F "Standard of Maintenance Sport Facility Lease Checklist" twice a year. If Lessee does not adhere to Exhibit E Standard of Maintenance, the Director of Parks and Recreation or designee ("Director"), may provide written notice to Lessee requiring compliance. If Lessee has not complied within two (2) weeks after receipt of the notice, the City may undertake the work and Lessee shall pay the City's cost-plus ten percent (10%) overhead within thirty (30) days of receipt of the City's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Understanding. A. Lessee acknowledges and understands that use of the Premises and all Improvements is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, 3 reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. B. The Director of Parks and Recreation or designee ("Director"), or their respective designee and the Lessee will conduct a joint pre -facility Inspection and complete the attached Exhibit F Standard of Maintenance Sport Facility Lease Checklist within 90 days of City's execution of this Agreement. This will establish the starting condition of the Premises, with the goal for Lessee to reach and maintain an excellent rating. Section 7. Joint Use. A. City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. B. City retains the right to use or cross the Premises with utility lines and/or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and/or any Improvements from installing, maintaining, repairing, or removing the utility lines and/or easements. City must use reasonable judgment in locating the utility lines and/or easements to minimize damage to the Premises and/or its Improvements. Section B. Assignment and Sublease. The Premises Including any Improvements may be rented/sublet by Lessee to third parties only as provided In this Agreement. The City of Corpus Christi will set all rental/subleasing prices to be paid to Lessee and Lesse may not charge any additional fees for use, rental or sublease of the Premises. All entities obtaining rentals/sublets of the Premises from Lessee must provide Insurance meeting the limits and requirements set out in Exhibit D. The Lessee will remain responsible for all damages that may occur during all rentals/sublets. Any rental/sublet that exceeds Seven (7) days must receive prior written approval from the Director of Parks and Recreation or designee ("Director"). Failure to get Director of Parks and Recreation or designee ("Director") prior written approval on rental/sublet that exceeds Seven (7) days may result in the termination of the lease. Section 9. Left blank. Section 10. Reporting. A. Lessee must provide Director of Parks and Recreation or designee ("Director") with copy of their By-laws. Any amendments made to the bylaws must be submitted to the Director of Parks and Recreation or designee ("Director"). B. Lessee must submit its current List of Officers and Board of Directors to the Director of Parks and Recreation or designee ("Director") at the start of this lease. The List must contain each person's title, name, address, primary phone and email address. Lessee must notify the Director of Parks and Recreation or designee ("Director") immediately if there are any changes in the Officers or Board of Directors and submit an updated list. 4 C. Lessee must submit current Certificate of insurance meeting the limits and requirements set out in Exhibit D to the Director of Parks and Recreation or designee ("Director") each year for the temp of this lease. D. Lessee shall furnish to the Director of Parks and Recreation or designee ("Director") a financial statement of all "Premises Revenue" no later than January 3151 of each year during the contract term. "Premises Revenue" shall include all revenue generated at the Premises from leagues, lessons, tournaments, special events, rentals, subleases and concessions. The financial statement must be signed by the Lessee's President or Executive Director. E. Lessee shall submit a yearly report, listing the number of programs and Premises rentals each year during the contract term. The report must include participants and teams registered for each league, lesson, toumament, special event and number of premises rentals. F. Lessee must submit a monthly schedule to the Director of Parks and Recreation or designee ("Director") prior to each month. The monthly schedule must include: at a minimum, leagues, lessons, tournaments, special events and all Premises rentals/sub-leasing. All leagues, lessons, tournaments, special events and Premises rentals/subleasing must include event title and hours of operations. The monthly schedule must be submitted to lease administrator no later than the last Monday of each month. Section 12. Record Keeping and Annual Audit. A. Lessee shall keep accurate books of all revenue collected. Revenue books shall include all revenue generated from leagues, lessons, tournaments, special events, subleasing and concessions. B. Lessee shall keep accurate books listing the number of individual participants and teams registered by Lessee to play sports each year during the term of this Lease. The reports include all leagues, tournaments, and special events. C. Lessee shall keep accurate books of all Premises rentals/sub-leasing and all insurances required to rent/sub-lease the facility. This includes all invoices and receipts for rentals/sub-leasing. D. Left blank. E. Lessee shall allow City inspection of the Lessee's books and records related to the Lessee's use of the Premises and this Agreement. Records include all items listed in in Section 12, A, B, C, and D. All records requested by the Director must be submitted to the Director of Parks and Recreation or designee ("Director") within two weeks of request. Failure to submit or maintain proper documents for a records request may result in the termination of this lease. 5 F. Lessee must properly maintain the sports fields with overseed, fertilizer, aerating, dirt and field condition as further described on Exhibit E. If Lessee has not provided documentation of compliance with Exhibit E within thirty (30) days after receipt of the City demand, the City shall assess a fee of $250 and City may undertake the work and Lessee shall pay the City's cost-plus ten percent (10%) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (3D) days of receipt of the invoice constitutes grounds for termination of this Lease. G. Lessee must retain all records and reports required by this Agreement for a minimum of five years after expiration of this Agreement. Section 13. Damage or Destruction. In the event of any damage or destruction to the Improvements or Premises, regardless of cause, City shall have no obligation to repair or rebuild the Improvements or Premises or any fixtures, equipment or personal property installed by Lessee. Section 14. Construction. A. No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the Director` of Parks and Recreation or designee ("Director"). Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. if approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. B. All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity of any legal action. Section 15. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Lessee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained in accordance with City standards, the City shall not charge Lessee for any water used by Lessee to maintain the fields. 6 Section 16. Signs and Advertising. A. Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director of Parks and Recreation or designee ("Director") prior written approval. B. The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. C. If Signs are approved, the Director of Parks and Recreation or designee ("Director"), may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director of Parks and Recreation or designee ("Director"), the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of the City invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 17. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non -Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin; sex, physical or mental disability, or age, or In any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non-discrimination covenant. Section 19. Compliance with Laws A. Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, 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. B. All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section 20. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys' fees. 7 Section 21. Indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, Indemnitors) covenant to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, (1) the existence, use, operation, maintenance, alteration, or repair of Premises, including Improvements whether by Lessee or by any other person; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or any sport program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation of the Premises; or (4) clue to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by Indemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind; and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorney's fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee, relating to this Lease or relating to use of Premises, Lessee shall, upon receipt of reasonable notice regarding commencement of 8 litigation, at its own expense; investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. A. Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit D, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. B. Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit D, to the Director of Parks and Recreation or designee ("Director"}and Risk Management prior to commencing use of the Premises under this Lease. C. Lessee must provide the Director of Parks and Recreation or designee ("Director") and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. D. Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director of Parks and Recreation or designee ("Director") upon written request. E. Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management. Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination. A. The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit B. B. In addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee Is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. C. Additionally, if there is noncompliance with one or more of the provisions contained 9 herein, the Director of Parks and Recreation or designee ("Director")may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director of Parks and Recreation or designee ("Director")within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. D. Either City Manager or Lessee may terminate this Lease without cause and without penalty by giving thirty (30) days written notice to the non -terminating party. E. Lessee's property must be removed from the Premises upon date of termination. If it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director of Parks and Recreation or designee ("Director") and Lessee shall pay City's costs for disposal. Section 25. 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; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with-lhe United States Postal_ -Service in the manner described above will be deemed effective three business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469-9277 IF TO LESSEE: Incarnate Word Academy Attn: Athletic Director 2910 S. Alameda St Corpus Christi, TX 78404 Either party may change the address to which notice Is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 28. Construction and Reconstruction Funds. A. If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. B. Lessee has no action for damages against nor will be compensated by the City for Toss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period 10 is the City's construction or reconstnaction of the Improvements for Lessee's benefit. C. Once construction or reconstruction of the Improvements is complete, the Lease Administrator will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. D. Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Waiver. A. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. B. No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. C. If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. D. Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Section 31. Force Maleure. No party to this Lease will be liable for failures or delays In performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 32. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. TM Section 33. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severabilitv. A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. B. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Director of Parks and Recreation or designee ("Director"), that if any participant or spectator has any complaints or concems they may contact the City at 826- 3461 and talk to the Director of Parks and Recreation or designee ("Director"). Section 36. 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 httns://www.cthics.state.tx.us. Lessee agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http:? www.cctexas.corn/covcntniem'city•sccr4tary.`cr.nfltct-disclosure/�index. Section 37. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, 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 governing each party's performance hereunder and as relating to Lessee's use of the Premises. 12 EXECUTED on this the day of , 2018. CITY OF CORPUS CHRISTI Signature: Name: Keith Selman Tile: Interim City Manager irate: Approved as to legal form: By: Lisa Aguilar, Assistant City Attorney for the City Attorney 13 LESSEE: INCARNAT;IWORD ACADEMY ORPUS CHRISTI By: jI Ituii . ll�i� . . -resident Printed Name: SarY1m Date: kO STATE OF TEXAS COUNTY OF NUECES This instrym not ,was ackp9wledged before me on b)CCeVnbeV 1 ` I , 2018, by samieAroVLj f U &(J., President of Incarnate Word Academy of Corpus Christi, a Texas ktueogj COI , on behalf of said organization. 'PAY TO T4 -IC ORDER OF J Notary Public, Sta of Texvci Printed name: Commission expires: 14 P V- •• EXHIBIT A SITE MAP AP - a.• , 4' ' • ...' 'L"...: -'- • 6•••' '•- 7 ';5--4tirr ...t -regrilr Ji• Legend Premises Boundary Lines 1 5 EXHIBIT B PRIMARY PURPOSE 1. Property Description: Location: 3800 Galliar Rd. Corpus Christi TX, 78415 Facility Description: • One High School Baseball Field • Restroom Facility • Press Box • Batting Cage & Bullpen • Musco Lighting • Irrigation Number of Fields: One (1) Facility Starting Condition: 61.81 % (Below Average) 2. Total Monthly Payment = $50.00 3. Primary Purpose: High School Baseball Team Home Facility 4. Term: 5 year temi, beginning on date of final City Council approval 5. Program to be operated by Lessee: High School Baseball Program 6. Notice Address for Lessee: Incarnate Word Academy Attn: Athletic Director 2910 S Alameda St Corpus Christi, TX 78404 16 EXHIBIT C CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENT LESSEE CODE OF CONDUCT 1. PURPOSE: 1.1 To ensure all staff conduct themselves in an appropriate and professional manner at all times while at sport facility. 2. SCOPE: 2.1 This Policy applies to all Board Members, full or part time Staff, Contract Labor, and CoachesNolunteer staff. 3. AUTHORITY: 3.1 The Contract Administrator of the City of Corpus Christi Parks and Recreation Department. 4. POLICY: 4.1 Consider the health and safety of the patrons as the primary concern. 4.2 Always follow facility rules and regulations and conduct yourself in an appropriate and professional manner at all times. 5. PROCEDURE: 5.1 Act in a mature, ethical, and professional manner at all times. 5.2 Work with the public using a helpful and pleasant manner. 5.3 Do not use profanity, vulgar language, or inappropriate gestures while on the premises either to patrons or co-workers. 5.4 Do not smoke, use smoke -less tobacco, drink alcohol or use illegal substance while on the premises. 17 EXHIBIT D INSURANCE REQUIREMENTS 1. LESSEE'S LIABILITY INSURANCE A. Lessee must not use City property under this agreement until all insurance required has been obtained and such insurance has been approved by the City. B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation, one (1) 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 by endorsement, and a waiver of subrogation endorsement is required on GL. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of insurance. Endorsements must be provided with COI. TYPE Of INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Lessees 6. Personal Injury- Advertising Injury $ 1,000,000 Per Occurrence PERSONAL PROPERTY Coverage Lessee is responsible for insuring personal property kept on City Property C. In the event of accidents of any kind related to this agreement, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. 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 I8 4 written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. B. Lessee shall be required to submit copies of certificate of insurance to City at the address provided below within 10 days of any change of coverages. 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; • 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. 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 cease activities 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 use of City's property 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. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 19 2016 Insurance Requirements Parks and Recreation Sports League Lase Agreements 11;16/2016 cg Risk Management EXHIBIT E STANDARD OF MAINTENANCE Athletic Fields fhlavina Surfacet- - Task Frequency Timeframe Overseed- Common Bermuda Grass (seed Qa 3lbs/1000Sq. Ft.) lx/year Spring Fertilizer- As recommended by product 3x/year Spring, Summer, Fall Aerate- deep core 3x/year Spring, Summer, Fall Dirt (needs to be sandy loam) As needed Year Round Field Conditioner (Turface or comparable product) As needed Year Round Mowing- Grass can not be mowed shorter than 2" and can not exceed 3" As needed Year Round Water As needed Year Round Drag/Line As needed Year Round Surrounding Area- all area located within the comnle Task Frequency Timeframe Pick up trash and clean after events 7x/week Year Round Inspect Security Lighting 1x/month Year Round Inspect Field Lighting lx/month Year Round Inspect Scoreboards 1x/month Year Round Inspect Bleachers lx/month Year Round Inspect Irrigation lx/month Year Round Inspect field of play fencing 1x/week Year Round Inspect perimeter fencing 1x/week Year Round Update and Paint Dugouts As needed Year Round Update and Fix any Damaged signs As needed Year Round -------------..- __.._...,.. Task Frequency Tlmeframe Clean, sweep, vacuum 7x/week Year Round Remove and replace garbage bags and trash cans 7x/week Year Round Clean and stock restmoms 7x/week Year Round Clean and wipe counter tops and tables 7x/week Year Round Clean windows 7x/week Year Round Clean Patio 7x/week Year Round Wash area outside of concession stand 7x/week Year Round Update and Paint building 7x/week Year Round Check Lighting lx/week Year Round Check Heating and Cooling 1x/week Year Round Inspect fumiture and tables 1x/week Year Round Major mechanical Inspections (prevention maintenance) lx/month Year Round 20 Exhibit F STANDARD OF MAINTENANCE SPORT FACILITY LEASE CRECKLIST SITE: Dick Runyan ADDRESS:3800 Collibar Rood DATE OF INSPECTION: 12/11018 Cheek "NO" if repairs are not necessary; "YES" irrepairs are necessary. Briefly explain extent of repair for all boxes marked yes. PLAYING SURFACE 1. Unsafe hard soil surface exposed. 2. Surface Is uneven duc to soil grade. 3. Turf is not uniform in height and is cut shorter than 2" 4. Turf is not uniform in height and exceeds 3" 5. Turf is not stable and "blow -outs" frequently occur 6.Wecds arc present with thorns, bristles, or burrs. 7. Moles, gophers or other animals have caused mounds or holes. 8. Hazardous ruts on the field due to mowing equipment or trenching. 9. Irrigation on the field is not working properly. INSPECTOR PRINTED NAME INSPECTOR 1ORTITLE INSPECTOR SIGNATURE Clayton Garland /Athletics Programpager Field 1 Bullpen Field 3 Feld 4 Field 5 Field 6 Yes No NA Yes No NA Yrs No NA Yes No NA Ya No NA Yn No NA x x x x x COMMENTS - irrigation could not be established water was currently shut off et th ■©■ ■e■ ■e■ ■e■ ■e■ DWI ■e■ ■e■ ■E© e facility x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Unsafe holes located behind Pitchers mound, 3rd base dugout and Center field Urge slope going down into the lefifield fence Clover weeds with vines all throughout the infield and outfield SKINNED AREAS 1. Soil is too loose 10 provide good running traction. 2. Soil surface is not loose enough around sliding zones for safe sliding. 3. Soil is too abrasive for safe sliding.. 4. Running paths and sliding zones near have become worn and nerd to be leveled off. 5. Baiter's box and home plate areas have become worn and need to be reconditioned. 6. The skinned area has low spots or is not level and nerds to be dragged/re- graded. 7. Hazardous soil buildup (Hp) between the skinned area and the turf. 8. Coach's box is not level with surrounding area. 9. Coach's box is excessively hard. COMMENTS Field 1 Field 2 Field 3 Field 4 Field 5 Field 6 Vu Nn NA Ye* No NA Ya No NA Yrs No NA Yea No NA Yes No NA x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Lips around the infield diamond including homeplate and coaches box Infield dirt has become loose and does not provide good traction PITCHER'S MOUND 1. Maund does not conform lo league requirements (Little League, Pony, USSSA, 2. "Push aft" and "landing" areas are not constructed with specialized clay. 3. "Push -oft' and "landing" areas are dished out and need repair. 4. Hazardous soil buildup (lip) between the mound and the infield grass. 3/9/2018 Field 1 Bullpen Feld 3 Field 4 Field 5 Field 6 Yes No NA Yes No NA Ya No NA Yes No NA Yes No NA Ya No NA x x x x A x x x x x x x x x x x x x x x x x x x COMMENTS Field 1 -Pitching mound has no specialized clay in landing spot BASES AND ANCHORING 1. Base coverings have unsafe rips or gouges. 2. Base framework or hardware k loose or damaged. 3. Base ground stake is unsofcly protruding above the surface grade. 4. Base ground stake is out of alignment or not level with the surface. 5. Base ground stake is not firmly secured in its concrete footing. 6. Bases do trot seat properly with the ground elevation or they arc seated loosely. 7. Concrete footings have rounded edges and may twist out of place in the ground. 8. Surface of home plate is not level with the surrounding surface. 9. Surface of home plate is worn or irregular. 10. Pitcher's rubber is not secured safely into the ground. 11. Pitcher's rubber is showing unsafe wear or gouges. COMMENTS Field 1 Bullpen Field 3 Field 4 Field 5 Field 6 Yea No NA Ya Na NA Yes No NA Ya Fin NA Yn No NA Yes No NA x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x l x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x All Bases including Home Plate and the Pitching Rubber have gouges. 113, 213 and 3B footings have become rounded and cause the base to move FENCING 1. Fence posts are loose or improperly set in the ground. 2. Fence posts ere on the inside oldie playing area fence. 3. Concrete footings arc exposed above ground. 4. Fencing is not securely attached to the fence posts with loose or broken ties 5. Unsafe gaps under fencing. 6. No bottom tension wire or railing to secure die bottom ofxhc fence. 7. No lop railing to secure fence at the top. 8. Wire ends of chain link fencing are exposed along the top. 9. Damaged portions of fencing that ore loose, sharp, protruding, or unsafe. 1 I. Unsafe gaps In the backstop or netting with worn out boards or fencing. l2. Backstop does not meet industry recommended specifications. COMMENTS Feld I Bullpen Field 3 Field 4 Field 5 Feld 6 Yn No NA Yn No NA Yes No NA Yes No NA Yn No NA Ycs No NA x x x x x x x x x x x x x 1 x x x x x x z x x 1 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x LIGHTING 1. Burned out lights. 2. Beam direction of the lights are aur of adjustment. 3. lighting grid pottcm on the field is uneven or irregular. 4. Scoreboards have bulbs out and are not working properly. Feld 1 Field 2 Field 3 Feld 4 Feld 5 Field 6 Yes No NA Yn No NA Yes No NA Yea No NA Yrs No NA Yrs No NA x x x x x x x COMMENTS -Scoreboard could not be assesed because the City does not have access to Ibe remote ■E© ■N© ■M© ■m© One burned out bulb on the right center field pole 3/9/2018 BLEACHERS • 1. Nuts and bolts on the bleachers are loose, missing, or protruding. 2. Guard mils areloose or missing. 3. Plank or railing end cops arc loose or missing. 4. Wooden planks are wom out or splintered. 5. Hazardous protrusions or sharp edges. COMMENTS Field 1 Yes No NA x x x x Feld 2 Yes Na NA X x Field 3 Yes No HA x x x x Field 4 Yet NoNA x - Field S Yes No NA x x x Field 6 Yn No NA x x x TOTAL Field 1 Bullpen Field 3 Field 4 Field 5 Field 6 (add all the boxes checked NO) CONCESSION STAND / RESTROOMS / PRESS BOX 1. Concession/ Restrooms / Press Box is damaged or need structurnl work. 2. Concession/ Restrooms / Press Box floor is dirty and needs to be swept or vacuumed. 3. Concession/ Restrooms arc not properly stocked. 4. Bathrooms do not have proper sfgnogc and need to be replaced. 5. Concession tables and chairs or am outdated and need to be repaired or replaced. 6. Concession/ Restrooms lighting is not working properly. 2. HVAC in Concession/ Restrooms Is not working properly. 8. Concession/ Restrooms have become outdated or need new paint. CONCESSION STAND/ RESTROOMS TOTAL (add esti the boxes checked No) COMMENTS - 31 1 50 17 / 26 NA / NA HA / NA NA I NA NA / NA Conn erw._1 Yn No NA Yes No NA x a Prins noes has Mee is thirsts x �x x x x x Na slam for Mile or remote am dawn X x X x X x x x Pim mi pi* cos become atdant chipped t...mriUI Commas 1 2 / 5 NA / NA Retroom water fountain on the right side had paint stains SURROUNDING AREA 1. Turf is not uniform in height and is cut shone? than 2" 2. Turf is not uniform in height and exceeds 3" 3.Weeds are present with thorns, bristles, or burrs. 4. Moles, gophers or other animals have caused mounds or holes. 5. Liner and unsafe debris is scattered around the facility. 6. The supply and location of waste cans is inadequate. 7. Perimeter Fence posts am loose or improperly sct in the ground. 8. Perimeter fencing is not securely attached to the fence posts. 9. Unsafe gaps under perimeter fencing. 10. No bottom tension wire or railing to secure the bottom of the perimeter fence. 1 t. No top railing to secure perimeter fence at the lop. 3/9/2018 Yes No NA x x x x x x x x x x x 12. Wire ends of chain link peremiter fencing aro exposed along the top. 13. Damaged portions of perimeter renting that ore toast. sharp. protruding. or unsarc. 14. Sew' ity Lighting isnot working properly. 15. Triflic markings arc not adequately marked. 16, Signs in poor condition and need replacing. (ADA llokli ap Puh1aa, MaiMxaxa.cs Ana -Keep 041 17. Sportsmanship signs with !corm rules, guidelines. and consequences are not posted an site. SURROUNDING AREA TOTAL (add all the boxes chckcd NO) COMMENTS 5 1 8 Check "YES" ifrepafrs arc not necessary; "NO" if repairs aro necessary. Briefly explain stent of repair for all boxes rnadued Jas. General Safety: 1. FirrExtinguixhu on premises. 2. Fiat aid Kit on premises. 3. health permits posed In cooecsslon stand. 4. Food handler's wds posted and on lila. GENERAL, SAFTEY TOTAL (odd all fixe bases chekcd Yes) COMMENTS Tet till NA i1a x sti s< NA 1 NA FACILITY INSPECTION TOTAL (add all the totals to get a grand total) .3 1 89 FACILITY GRADE (divide the gond loud) 61.110% Cradling Scale Eseclient- 95'1.-1003 Good -14'.•94% Average- 72%483% Below Average. GO!; -7f! Unplayabk- 59% and belo Mord Name President Signature W i)L/)Yt-1i joirunkjapp Date 3/9/2018 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 22, 2019 Action Item for the City Council Meeting of February 12, 2019 DATE: January 22, 2019 TO: Keith Selman, Interim City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Kim Baker, Assistant Director of Financial Services, Purchasing Division Kimb2 a(�cctexas.com (361) 826-3169 Supply Agreement for Liquid Aluminum Sulfate CAPTION: Motion authorizing a one-year supply agreement for liquid aluminum sulfate with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey for the amount of $2,573,982, with two additional one-year renewal options for a potential total amount of $7,721,946. PURPOSE: This item is to approve the purchase of liquid aluminum sulfate for O. N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: Liquid aluminum sulfate is used for water treatment as a primary coagulant. Coagulants cause very fine particles to clump together into larger particles that will either settle out in the sedimentation basins or will be removed by the filters. The City received four responsive bids, and is recommending the award to the lowest, responsive, responsible bidder, Chemtrade Chemicals US LLC. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department — Water FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $8,548,018.82 $6,005,958.00 $14,553,976.82 Encumbered / Expended Amount $1,996,983.25 $0.00 $1,996,983.25 This item $1,715,988.00 $6,005,958.00 $7,721,946.00 BALANCE $4,835,047.57 $0.00 $4,835,047.57 Fund(s): Water Funds Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS CHRISTI Purchasing Division Buyer: Cynthia Perez BID TABULATION RFB # 1903 Liquid Aluminum Sulfate Brenntag Chemtrade GEO Specialty Univar USA Dallas, TX Parsippany, NJ Little Rock, AR Kent, WA Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price ITEM DESCRIPTION QTY. UNIT 1 Liquid Aluminum Sulfate Coagulant 17,400 Wet Tons $ 207.00 $3,601,800.00 $ 147.93 $2,573,982.00 $ 241.10 $4,195,140.00 $ 176.78 $3,075,972.00 TOTAL: $3,601,800.00 $2,573,982.00 $4,195,140.00 $3,075,972.00 It • • SUPPLY AGREEMENT NO. 1903 Liquid Aluminum Sulfate THIS Liquid Aluminum Sulfate Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Chemtrade Chemicals US LLC ("Supplier'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Liquid Aluminum Sulfate in response to Request for Bid No. 1903 ("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 Liquid Aluminum Sulfate in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to two additional twelve-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $2,573,982.00, 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 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: Name: Diana zertuche-Garza Department: Utilities Phone: (361) 826-1827 Email: dianaGQcctexas.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. City may inspect all products supplied before 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. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October I , 2018 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. 9. Qualify/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 301h 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 unless the subcontractors were named in the bid or in an attachment to this Agreement. 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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, Texas 78410 Phone: (361) 826-1827 Fax: (361) 826-4488 IF TO SUPPLIER: Chemtrade Chemicals US LLC Attn: Parul Kachhia-Patel Title: Marketing Specialist Address: 90 East Halsey Road Parsippany, NJ 07054 Phone: (800) 441-2659 Fax: (973) 515-4461 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1.2018 AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract 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. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 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); 8. 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 if required by said statute. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Govemment 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 boycoft 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 October 1, 2018 SUPPLIER Signature: Printed Name: ANN EOPIIIR Title: HAREEMS SPECIALIST Date: DEMMER u, 2018 CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division 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. 1903 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1.2018 Attachment A - Scope of Work 1.1 General Reauirements/Background Ieformailon Liquid Aluminum Sulfate is used as a primary coagulant. Coagulants cause very fine particles to clump together into larger particles that will either settle in the sedimentation basins or will be removed by filters. The estimated annual requirement for Liquid Aluminum Sulfate (Liquid Alum) is between the range of 16,000 to 18,000 tons based on an Aluminum Sulfate solution that contains a minimum of 8.0 weight percent as AI203. The quantity required is based on Alum dosage of 1,210 pounds (0.605 Ton) of liquid Alum per million gallons of water for treatment of an estimated range of 27,300 to 29,200 million gallons per year of raw water. These quantities may be reduced or increased based on the quality of raw water and drinking water demand at O.N. Stevens Water Treatment Plant. 1.2 Product Specifications Liquid Aluminum Sulfate must contain water soluble aluminum of not less than 4.23 wt.% (weight percentage) nor more than 4.5 wt.% as Al or, not less than 8.0 wt.% nor more than 8.5 wt.% as A1203; contains no substances in quantities capable of producing deleterious or injurious effects on the health of those consuming water that has been properly treated with it; contains total iron, as FE203 of not more than 0.35%; contains insoluble matter of not more than 0.2 wt.%; does not contain Arsenic in excess of 1.00 mg/kg. A. Liquid Aluminum Sulfate for use in the treatment of potable water must conform to: 1. American National Standards Institute/National (ANSI) Sanitation Foundation Institute Standard for Drinking Water Treatment Chemical -- Health Effects, ANSI/NSF 60. 2. American National Standards Institute/American Water Works Association standard for Aluminum Sulfate (Liquid) ANSI/AWWA B403- 16. B. The Liquid Aluminum Sulfate solution shall be watery clear while to clear in color and shall not have any hue (red, green, yellow, blue, black, or brown) . C. The Liquid Aluminum Sulfate solution shall have a maximum total organic carbon (TOC) content of 30 mg/L or less. The Liquid Aluminum Sulfate solution shall be free from all odors. D. A sample shall be sent to the ANSI/NSF standard 60 certification agency for testing to verify that the material does meet this standard. Any deviation from the above-mentioned specifications shall be grounds for returning the material to the supplier at their cost. 1.3 Delivery and Welching Reauirements A. Each shipment shall be in approximately 4,000 -gallon tank truck lots. B. Each chemical shipment must be weighed by local certified weighers before delivery to and after unloading at the O.N. Stevens Water Treatment Plant. The truck driver must promptly deliver chemical shipment weight ticket or legible copy to: City of Corpus Christi O.N. Stevens Water Treatment Plant ATTN: Contract Administrator 13101 Leopard St. Corpus Christi, TX 78469-9277 C. Deliveries will be made Monday through Friday, from 8:00 A.M. to 5:00 P.M. only, unless an emergency arises, then the Contract Administrator may approve after hour deliveries. D. The Supplier must provide a chemical analysis for each chemical shipment. The chemical analysis must include the A1203 percentage, specific gravity, pH, Fe mg/liter, turbidity, NTU and attach a copy of the form for providing the chemical analysis. E. The City will take a sample of each chemical shipment prior to unloading of the chemical. Any chemical shipment that has an odor or a hue (red, green, yellow, blue, black, or brown) will be rejected. Amber green is acceptable. F. If any chemical shipment has a total organic carbon (TOC) content of more than 30 mg/I or any other contaminants, the Supplier must: remove all chemical from the tank into which the chemical with more than 30 mg/I TOC or any other contaminants was unloaded, clean the tank and properly dispose of all removed chemical, and provide a new chemical shipment at its sole cost. 1.4 Billing The Supplier must base billing and pay quantity for each chemical shipment on "local" certified weight tickets for delivery of Liquid Aluminum Sulfate. The City may reject any chemical shipments containing less than 8.0 percent or more than 8.5 percent as not meeting specifications for A1203. 1.5 Ownership The City's ownership of the Liquid Aluminum Sulfate begins upon completion of unloading of the chemical at the O.N. Stevens Water Treatment Plan. 1.6 Supplier Quality Control 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. Date: NOVEMBER 7, 2018 Attachment B - BId/Prjcjncsjijcjule CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 1903 liquid Aluminum Sulfate Bidder:CHEMrRADE CHEMICALS US LLC Authorized Signature: PAGE 1 OF 1 62,/1/2x PARUL KACHHIA-PA'IEL, MARKETING SPECIALIST 1. Refer to "Instructions to Blddens" and Contract Terms and Condition before completing bid. 2. Quote your best price for each item. 3. 1n 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 aH 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. Bi 10 ,poi Wft r pvet rale #ltd btd„ �o . po tt i a . Qf the„bol m of r . 5 . � , i 1 n i ,* �h , 4 1 �, i h +r..; n �.. �:... this page. Idder.wll bo.epnsldered Nan-.Respons1vv if the bid] farm is mom. r k.'� y, ..,.� y '•,? f. r.f...4 1 j. y .h� ■yn,� ,}}+FY.7'�. {i�+.1 .5if 4 #,..T . w ., :' iia �'7r f' •' ,�;` k ,5.1 . s'4i;'i �P.ltl.f.�fy�., f, ,). fjp:.,; ,. y4�; r ti ''f:•'':'• + .:' - ;err Y } '•fhi.;•��;w •-., '.1 10- ,';J' .,-X ��n :3 E.cl. �•~. .1.�7':r �, .1: %: 5 .1:0'rtin�,i;.A4x45 14-41 tier Y.,.i„i i �r� f x��.i l 7 .i }� ilk .A"2,1• • :y� = ■■ I M `...�i- '� :. x`t1 h- f. A . T':� fl..�v4 s 5�, , .,Lt..7111h, /.,'�• ,er{c'rl: L;j'- �yf t.l:' 7. .4.e.� �� 1 4iti ,. �.':,r {:t;'• '� \I .,r � c }r.. q. i•` t)--:.'3:.:1-'.::.1 ,.t h in c1�i ' '.:t'�ii . � y „•� t;.. ;4',n is i • l V. ^S .F ; {. �; 'f .4 ttl, .�' *:S '!.'ii +'7 ;� ^ r.:l' a J.': �t ;?:i {'r�.{ '.. r,, V ' •'� i.,• ;+^”- al , liquid Aluminum Sulfate - ..- Want Wet 17,400 $147.93 Tons $ 2,573,982.00 Tta .4 r yS �qF 7 iijY '+-{rU, .I*,wS.V.1,-;7...I....1, iT. 7�-='r "• 7 w:'7 �R1Y�{. T,. :i?A2,573 . 982.00 *FOR CONVERSION PURPOSES ONLY, PRICE EQUATES TO 5305.00 PER DRY TON. 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 fumish 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 cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1.000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 POLLUTION LIABILITY $1,000,000 Per incident Limit C. In the event of accidents of any kind related to this contract, Contractor must fumish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 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. Itis 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 Liquid Aluminum Sulfate Delivery 09/18/2018 sw Risk Management Valid Through 12/31/2018 Attachment D - Warranty Requirements Section 8 Warranty Sub Section (b) is null and void for this Supply Agreement. AGENDA MEMORANDUM Future Item for the City Council Meeting of January 22, 2019 Action Item for the City Council Meeting of February 12, 2019 DATE: January 22, 2019 TO: Keith Selman, Interim City Manager FROM: Kevin Norton, Director of Utilities KevinN@cctexas.com (361) 826-1874 Kim Baker, Assistant Director of Financial Services- Purchasing Division Kimb2 a(�cctexas.com (361) 826-3169 Supply Agreement for Liquid Chlorine in Railcar CAPTION: Motion authorizing a one-year supply agreement for liquid chlorine in railcar with Brenntag Southwest Inc, of Lancaster, Texas for an amount not to exceed $303,288. PURPOSE: This item is to approve the purchase of liquid chlorine in railcar for O. N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: Liquid chlorine is the primary disinfectant used for water treatment at the O. N. Stevens Water Treatment Plant. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive bids, and staff is recommending the award to the lowest, responsive, responsible bidder, Brenntag Southwest 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. DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $8,548,018.82 $101,096.00 $8,649,114.82 Encumbered / Expended Amount $1,996,983.25 $0.00 $1,996,983.25 This item $202,192.00 $101,096.00 $303,288.00 BALANCE $6,348,843.57 $0.00 $6,348,843.57 Fund(s): Water Comments: The initial contract term total is $303,288, of which $202,192 will be funded in FY2018- 19. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: CYNTHIA PEREZ BID TABULATION BID NO. 1923 LIQUID CHLORINE IN RAILCAR ITEM DESCRIPTION UNIT QTY Brenntag Lancaster, TX DPC Corpus Christi, TX UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 Liquid Chlorine in Railcar Tons 1,260 $228.80 $288,288.00 $283.00 $356,580.00 2 Railcar Detention charge after free days Days 200 $75.00 $15,000.00 $50.00 $10,000.00 TOTALS $303,288.00 $366,580.00 SUPPLY AGREEMENT NO. 1923 Liquid Chlorine in Rail Car THIS Liquid Chlorine in Rail Car Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Brenntag Southwest Inc ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Liquid Chlorine in Rail Car in response to Request for Bid No. 1923 ("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 Liquid Chlorine 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 one year. The parties may mutually extend the term of this Agreement for up to zero additional zero -year 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. This Agreement is for an amount not to exceed $303,288.00, 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 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: Name: Diana Zertuche Garza Department: Utilities Phone:(361)-826-1827 Email: DianaG©cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 001 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. City may inspect all products supplied before 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. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 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. 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 unless the subcontractors were named in the bid or in an attachment to this Agreement. 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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, HCA taxes, unemployment taxes and all other applicable 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: Contract/Fund Administrator Address: 13101 Leopard Street, Corpus Christi, Texas 78410 Phone: (361)-826-1827 Fax: (361)-826-4488 IF TO SUPPLIER: Brenntag Southwest Inc Attn: W. Thomas Crain, Jr. Title: President Address: 704 E Wintergreen Rd, Lancaster, Texas 75134 Phone: (713)-330-8570 Fax: (713)-450-4699 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract 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. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 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 if required by said statute. 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. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 SUPPLIER Signature: Printed Name: Title: Date: ki 747;v144_ c-fe-t- / CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance — Purchasing Division 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. 1923 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information A. The Supplier shall supply 90 -ton liquid chlorine in rail cars as per Scope of work. Liquid chlorine defined as the commercially available form of liquefied elemental chlorine gas for rail cars. B. The liquid chlorine will be use in treatment of potable(drinking) water. C. The liquid chlorine must conform to: 1. American National Standards Institute/American Water Works Association Standards for Liquid Chlorine, ANSI/AWWA B301-18 or latest revision. 2. American National Standards Institute/National Sanitation Foundation Institute Standards for Drinking Water Treatment Chemical- Health Effects, ANSI/NSF 60 or latest revision. 3. Conformance to ANSI/NSF 60 or latest revision shall be obtained by certification of this product by an agency recognized by the Texas Commission on Environmental Quality. D. The estimated annual requirement for Liquid Chlorine is 1,260 Tons. This is based on treating 27,500,000,000 gallons of water with a dosage of 91.64 pounds per millions of gallons. 1.2 Delivery A. The City will place orders for 90 -ton liquid chlorine at approximately 30 days intervals throughout the contract period. However, in case of unforeseen circumstance, the City may order extra cars or not place an order in a month. B. The Supplier shall deliver the material with lead time of less than or equal to 21 days. In unusual circumstances, the City will accept lead time of 30 days. C. Delivery is to be made in a rail car to the City of Corpus Christi O.N Stevens Water Treatment Plant Rail Road Spur, 13101 Leopard St, Corpus Christi, Texas 78469- 9277. Delivery hours are to be determined by the Contractor and the rail company. D. A Safety Data Sheet (SDS) must be provided to the City prior to shipping the product and along with the product. E. The supplier shall provide an affidavit of compliance, by manufacturer, stating that at the time of loading, the liquid chlorine furnished under the release order, complies with all applicable requirements of ANSI/AWWA B301-18 and ANSI/NSF 60 shall be provided to the City of Corpus Christi, Plant Manager, 13101 Leopard St, Corpus Christi, Texas 78469-9277. Page 1 of 3 1.3 Ownership City's ownership of the Liquid Chlorine in rail cars shall begin, and supplier ownership shall cease, upon arrival of the rail car at the unloading rack at the O.N Stevens Water Treatment plant. 1.4 Testing The City of Corpus Christi reserves the right to have the product supplied tested at any time during the Contract period. An independent laboratory would do such testing. Failure to meet specification shall result in the testing rate costs to be borne by the supplier. 1.5 Containers A. The Supplier shall supply Liquid Chlorine in rail cars. B. The Supplier shipping containers for Liquid chlorine shall conform to applicable regulations of the federal, state and Interstate Commerce Commission. C. The Supplier shall send containers that are reconditioned and maintained in accordance with the latest edition of "Container Procedure at Chlorine Packaging Plants" issued by the Chlorine Institute Inc. The Supplier shall carefully examine the container for the leakage, damage and corrosion before delivery. D. All chlorine containers shall have legible tag(s) securely attached which, in addition to the information routinely furnished, shall indicate the following container history: 1. Date of last visual inspection in accordance with Compressed Gas Association, Inc standards. 2. Date the valves were overhauled 3. Date the fuse plugs were tested and/or renewed 4. Date the container was last cleaned 1.6 Inspection The City of Corpus Christi reserves the right to make unannounced inspection of the supplier's plant and facilities at any time, in order to insure proper cleaning of chlorine containers and proper preventative maintenance and testing of chlorine containers and regulators. 1.7 Safety Measures A. The Supplier shall provide with the following information. The information is to be continually updated as revisions occur during the contract period. 1. Location of nearest emergency station 2. Name of person in charge of emergency crew 3. Telephone number to be called for emergency service and/or normal maintenance B. The Supplier shall assure that in case of emergency condition, trained emergency crews and equipment shall be made available on a 24-hour basis. Page 2 of 3 C. The Supplier shall assure that in case of non-emergency condition, remedial maintenance shall be performed on existing problem within 24 hours of a receipt of maintenance problem call. 1.8 Invoicing A. Invoicing is to be done for each shipment. The invoice shall include P.O number or supply agreement no, rail car number, ordering agency, unit price and total price. B. Original copy of the invoice should be sent to the Accounts Payable with a copy of the Contract Administrator. C. Approval of the payment shall be authorized by the Contract Administrator. Page 3 of 3 Attachment B : Bid/Pricing Schedule CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 1923 Liquid Chlorine in Rail car PAGE 1 OF 1 Date: pecember 12.2018 Authorized Bidder: Brenntag Southwest, Inc. Signature: t /. 47).14_ 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. e. Bidder shall fill manufacturer name and no of free days for tank cars blank. Item Description UNIT QTY Unit Price Total Price i Liquid Chlorine - 90 Ton in Rail Car Tanks. Manufacturer Occidental Chemical Tons 1260 $228.80/Ton $288,288.00 No of Free days for tank cars 30 2 Rail Car Detention charge after free days Days 200 $75.00/Day $15,000.00 Total $303,288.00 ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability 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 cancellation, non -renewal, material change, or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 Page 1 of 3 POLLUTION LIABILITY $1,000,000 Per Occurrence 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 insured's by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Page 2 of 3 • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Utilities Chemical Delivery of Chlorine Railcar 06/21/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required by this Agreement therefore, Section 8 warranty subsections(A) and (B) are null and void. Page 1 of 1 c) y 3SC AGENDA MEMORANDUM �a�ORROPP�EFuture Item for the City Council Meeting of January 22, 2019 �s54Action Item for City Council Meeting of February 12, 2019 DATE: January 22, 2019 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management jimd@cctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Water Garden Pump, Motor and Control Repairs Service Agreement CAPTION: Motion authorizing a one-year service agreement to repair the water garden pump, motor and controls with Scott Electric Company of Corpus Christi, Texas for a total amount not to exceed $208,008. PURPOSE: This item is to return the Water Garden back to working condition and insure the safety and proper operation of the pool and sump system. BACKGROUND AND FINDINGS: The Asset Management Department currently has a requirement to repair the existing Water Garden and get it operating properly. These repairs are subject to FEMA funding. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received one responsive, responsible bid, and is recommending the award to Scott Electric Company. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Asset Management Department, FEMA FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $1,272,218.33 $0.00 $1,272,218.33 Encumbered / Expended Amount $665,593.10 $0.00 $665,593.10 This item $208,008.00 $0.00 $208,008.00 BALANCE $398,617.23 $0.00 $398,617.23 Fund(s): General Fund, Fclty & Prop Mg Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation City of Corpus Christi Purchasing Division Buyer: Cynthia Perez Bid Tabulation RFB 1987 Water Garden Pump, Motor and Control Repairs Scott Electric Company Corpus Christi, Texas ITEM DESCRIPTION Qty. UNIT Total Price 1 Pump, motor and Electrical Control Repairs 1 Lump Sum $192,452.00 2. 1 -year Service Agreement 1 1 -Year $15,556.00 Total $208,008.00 SERVICE AGREEMENT NO. 1987 Water Garden Pump, Motor and Control Repairs THIS Water Garden Pump, Motor and Control Repairs Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Scott Electric Company ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Water Garden Pump, Motor and Control Repairs in response to Request for Bid/Proposal No. 1987 ("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 Water Garden Pump, Motor and Control Repairs ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then - current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $208,008.00, 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 Name: Jesse Hernandez Department: Asset Management Phone: (361) 826-1983 Email: JesseH©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 001 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 (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 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: Name: Jesse Hernandez Title: Superintendent of Operations Address: 5352 Ayers, BIdg.3A, Corpus Christi, Texas 78415 Phone: (361) 826-1989 Fax: (361) 826-1989 IF TO CONTRACTOR: Scott Electric Company Attn: Tino Vasquez Title: Vice -President Address: P.O. Box 1819, Corpus Christi, Texas 78403 Phone: (361) 884-6326 Fax: (361) 884-9612 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 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 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 responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. CONTRACTOR Sig nat Printed Name: Tino Vasquez Title: Vice President Date: 1-17-19 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 and Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1987 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form - Federal Funding Page 7 of 7 Attachment A - Scope of Work 1.1 General Requirements/Background Information A. The Contractor shall provide Pump, Motor and Control repair services to the City of Corpus Christi Water Garden as outlined in this Scope of work. The Water Garden Control Room is located at 1901 N Chaparral St, Corpus Christi, TX 78401. B. All services performed under this contract shall meet all applicable federal, state and local rules, regulations, ordinances, codes, including but not limited to NEC 2017, IPC 2015 and OSHA safety requirements, manufacturer's instructions, warranty requirements and original equipment specifications. 1.2 Scope of Work A. The Contractor shall furnish labor, supervision, parts, supplies, materials, tools, and equipment necessary to perform repairs. B. The Contractor Shall provide at a minimum, the following work to provide a complete repair of the pump, motor and control systems: 1. Demo existing Cutler Hammer/Eaton Motor Control Center (800 Am p). 2. Demo existing 1 12kVa transformer and discard accordingly. 3. Fuse down existing service disconnect from 800 Amps to 400 Amps. 4. Provide and Install New 277/480Y-400 Amp Panel board fed from existing feeders. 5. Provide and install new 45kVa transformer to be fed from new 400 Amp panel board. 6. Connect secondary side of transformer to existing low voltage panels to run display lights and motor controls as needed. 7. Provide and install New Starters (For display pump 1 =125hp and River pump = 45HP) and make necessary connections to the existing control panel. 8. Replace as needed: 125 HP (Vertical Mount) on Display Pump 1 and insure proper operation. 9. Energize new electrical equipment and test related motors and check for proper rotation. 10. Check operation of all control relays; clean and adjust as needed. 11. Inspect operation of Pool level system adjust and/or clean sensors as needed. 12. Inspect/Repair as needed, display pump 1 and 3. 13. Check and energize LED Strip Lights around pool. 14. Insure proper operation of sump pump system. Repair/replace as needed 15. The intent of this scope of work is to return the Water Garden to service. 16. The Contractor is responsible for all cranes/rigging equipment as required. 17. The Contractor shall remove all debris from jobsite. 18. The Contractor shall insure safe and proper operation of all Pool and Sump Systems as outlined in this scope of work. 19. The Contractor shall provide third party engineering oversight and an engineer's sealed certification at the completion of the repairs as needed. 1.3 Maintenance Service Agreement A. The Contractor shall Include a 1 -year Maintenance Service Agreement to include: 1. Quarterly Inspection of pumps, motors and electrical controls. 2. Maintenance log and report any damages or deficiencies to Contract Administrator. 3. Monthly test of sump system to ensure vault flooding does not occur during a major rain event. 1.4 Safety A. The Contractor shall barricade or place cones around the work area before commencing services. The Contractor shall take special measures to safeguard the area while services are being performed. Contractor shall try to minimize an interference to the building occupants with the day to day operations. The Contractor shall be responsible for assuring the safety of its employees, City employees, and the public during performance of all services under this agreement. B. The Contractor shall not store worn or defective parts on City premises at the end of the work day, unless otherwise approved by the Operation Superintendent or designee. C. The Contractor must clean work site from debris or hazards after completion of work. D. The Contractor shall dispose all worn/defective parts, oils, solvents, in accordance with all applicable laws, rules and regulations as to ensure the highest level of safety to the environment and public health. 1.5 Warranty A. The Contractor shall provide one-year warranty on workmanship. Contractor shall provide one-year warranty or manufacturer warranty on all new parts. Attachment B - Bid/Pricing Schedule CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 1987 Water Garden Pump, Motor and Control Repairs Date: 12-11-18 Bidder: Tino Vasquez Authorize QA Signature; PAGE 1 OF 1 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. r Item Description UNIT QTY Total Price 1 Pump, motor and electrical control repairs Lump sum 'Iga�+5a�� 2 1 -year service agreement 1 year 1 (55, Total i$a1',Jet008, 42o Attachment C - Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability 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 cancellation, non -renewal, material change, or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $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 Repairs Services for Pump, Motor and Control - Corpus Christi Water Garden 11/2/2018 sw Risk Management Valid Through 12/31/2018 Attachment C - Bond Requirements No bond requirements necessary for this service agreement; Section 5. (B) is null for this service agreement. Attachment D - Warranty Requirements The Contractor shall provide one-year warranty on workmanship. Contractor shall provide one year warranty or manufacturer warranty on all new parts. 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 -FOB 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 I- 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 -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 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 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 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 tum, 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 ll¶ (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 Compliance with the Copeland "Anti -Kickback" Act. (1) Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. FEDERAL REQUIREMENTS: FR -F08 DAVIS - BACON REQUIREMENTS The Contractor must comply with the Davis -Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II, ¶ D. The Contractor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractors must be required to pay wages not less than once a week. See attached Prevailing Wage Determination sheet for this contract. PREVAILING WAGE DETERMINATION Page 1 of 6 General Decision Number: TX180342 09/14/2018 TX342 Superseded General Decision Number: TX20170342 State: Texas Construction Type: Building Counties: Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (E0) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 1 09/14/2018 B0IL0074-003 01/01/2017 Rates Fringes BOILERMAKER $ 28.00 22.35 ELECO278-002 08/28/2016 Rates Fringes ELECTRICIAN $ 25.20 7.91 ENGI0178-005 06/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane $ 29.00 10.60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above $ 28.75 10.60 https://www.wdol.gov/wdol/scafiles/davisbacon/TX342.dvb?v=1 11/5/2018 Page 2 of 6 (3) Hydraulic cranes 59 Tons and under $ 27.50 10.60 * IRON0084-011 06/01/2018 Rates Fringes IRONWORKER, ORNAMENTAL $ 23.77 7.12 SUTX2014-068 07/21/2014 Rates Fringes BRICKLAYER $ 20.04 0.00 CARPENTER $ 15.21 0,00 CEMENT MASON/CONCRETE FINISHER$ 15.33 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) $ 19.77 7.13 IRONWORKER, REINFORCING $ 12.27 0.00 IRONWORKER, STRUCTURAL $ 22.16 5.26 LABORER: Common or General $ 9.68 0.00 LABORER: Mason Tender - Brick$ 11.36 0.00 LABORER: Mason Tender - Cement/Concrete $ 10.58 0,00 LABORER: Pipelayer $ 12.49 2.13 LABORER: Roof Tearoff $ 11.28 0.00 OPERATOR: Backhce/Excavator/Trackhoe $ 14.25 0.0;? OPERATOR: Bobcat/Skid Steer/Skid Loader $ 13.93 0.00 OPERATOR: Bulldozer $ 18.29 1,31 OPERATOR: Drill $ 16.22 0.34 OPERATOR: Forklift $ 14.83 0.00 OPERATOR: Grader/B1ad $ 13.37 0.00 OPERATOR: Loader $ 13.55 0.94 OPERATOR: Mechanic $ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16.03 0.00 OPERATOR: Roller $ 12.70 0,00 https:/lwww.wdol.gov/wdol./scafiles/davisbacon/TX342.dvb?v=1 11/5/2018 Page 3 of 6 PAINTER (Brush, Roller, and Spray) $ 14.45 PIPEFITTER $ 25.80 PLUMBER $ 25.64 ROOFER $ 13.75 SHEET METAL WORKER (HVAC Duct Installation Only) 0.00 8.55 8.16 0.00 $ 22.73 7.52 SHEET METAL WORKER, Excludes HVAC Duct Installation $ 21.13 $ 11.22 $ 14.74 TILE FINISHER TILE SETTER TRUCK DRIVER: TRUCK DRIVER: TRUCK DRIVER: Truck TRUCK DRIVER: Dump Truck $ 12.39 Flatbed Truck $ 19,65 Semi -Trainer 6.53 0.00 0.00 1.18 8.57 $ 12.50 0.00 Water Truck $ 12.00 4.11 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the E0 is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). https:iiwww.wdol.govlwdoliscafiles!davisbacon/TX342.dvb?v=1 111512018 Page 4 of 6 The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CSA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 10N of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage https://www.wdol.gov/wdol/scafiles/davisbaconlTX342.dvb?v=1 11/5/2018 Page 5 of 6 determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CER Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of rhe interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: https://www.wdol.gov/wdol.'scafiles/davisbacon/TX342.dvb?v=1 11/5/2018 Page 6 of 6 Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION haps://www.wdol.gov/wdol/scafiles/davisbacon/TX342.dvb?v=1 11/5/2018 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 Iikenesses 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 During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other (3) (4) (5) sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 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 (1) 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.govlsmm/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 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 22, 2019 Second Reading for the City Council Meeting of February 12, 2019 DATE: December 26, 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 4130 South Alameda Street CAPTION: Case No. 1218-01 Carmelite Sisters: Request for rezoning a property at or near 4130 South Alameda Street from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. PURPOSE: The purpose of this item is to allow for a future commercial use and reuse of the building. RECOMMENDATION: Planning Commission and Staff Recommendation (December 12, 2018): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. Vote Results: For: 9 Opposed: 0 Absent: 0 Abstained: 0 ALTERNATIVES: 1. Deny the request. 2. Approve the "RM -1,2, or 3" Multifamily Districts which allows multifamily, assisted living and group living uses. 3. Approve the "RM -3" Multifamily 3 District which in addition to multifamily, assisted living and group living, specifically allows a nursing or convalescent home. 4. Approve the "RS -6" Single Family 6 District with a Special Permit that allows one or more uses permitted in the CN -1 district and additional conditions to mitigate any potential nuisances. OTHER CONSIDERATIONS: The "CN -1" Neighborhood Commercial District allows multiple uses including but not limited to: Apartments, Group Living Uses, Day Care, Community Service, Medical Facilities, Offices, Overnight Accommodations, Restaurants, and Retail Sales and Service Uses. Since the building was constructed in 1953, its age, historic assisted living use, and Spanish Mission Revival architectural design warrants further assessment for a national, state, or local historic designation to investigate avenues for preservation/reuse of the building, including tax credits for rehabilitation. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Midtown Area Development Plan (ADP), formerly known as the Southeast ADP and is planned for high density residential uses. 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 DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital at. Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (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. 1218-01 Carmelite Sisters: Ordinance rezoning property at or near 4130 South Alameda Street from the "RS -6" Single -Family 6 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 Carmelite Sisters ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, December 12, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District and on Tuesday, January 22, 2019, 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 Carmelite Sisters ("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, Carmelite Home Tract, located on the north side of South Alameda Street, east of Carmel Parkway, and west of Everhart Road (the "Property"), from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District (Zoning Map No. 043038), 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 , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 3 Exhibit A f� #41*. S6#Alk ‘L‘ C 40.JE%C7/ Oh, d' PRO141/Ri • I ro N_r T3 CG -2 6O N wd:11,2*2� 0 yrl pppp Y radB $ Feer w ror WYAl c nr3 -K. CASE: 1218-01 ZONING & NOTICE AREA ren-� ran -s F11 -a ON All -AT CNA CN -Y CR -1 O 11.2 GO -2 COC CO -3 fR BP munrarnIU 1 Rullrrml22 Ruilrrnlly b Prole cc boa. CIMe N ; :rnly AT to �}yoriooa ccnmard. 1-e O n no aced Common.: Ra co A Commerolal Ra eACommerolal Oaara Comma MY olnera Common:1Y Won rlva Connar[laI Wwnlown Connerolal ▪ w rl Connarolal Farm Rw r.1 imclorb O Ys May Bu c!necc Park IL Ufiltlndusilad 1 Ilam Inau,Mr RIP R=1144 Ma px overlay R1.10 3kr01a-Fairy 10 Rib 3la01 -Fa1NY • ns..o rlaelo-Falop ab R3 -TF 1,e-Fanry P 1-14 31110I -Fa1ry 11 PE Pa Ctlan•alEclala Rf TH TOM 011011. a' 111.1.131 Parr! RV %creational 2.1121• Pak P aH 1.nYlaolurw Nona 92-2e r p..'4 O,nen r.C• 3E* ha01f ? Aior 4 C.v.es eahM20t1 .C.Cel Or.Y 9221.1 av_'ev arre•ri'A cb, /� hrvvn.nnn Page 3 of 3 PLANNING COMMISSION FINAL REPORT Case No. 1218-01 INFOR No. 18ZN1032 Planning Commission Hearing Date: December 12, 2018 Applicant & Legal Description Owner: Carmelite Sisters Applicant: Carmelite Sisters Location Address: 4130 South Alameda Street Legal Description: Lot 1, Block 1, Carmelite Home Tract, located on the north side of South Alameda Street, east of Carmel Parkway, and west of Everhart Road. Zoning Request From: "RS -6" Single -Family 6 District To: "CN -1" Neighborhood Commercial District Area: 6.82 acres Purpose of Request: To allow for a future commercial use and reuse of the building. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Low Density Residential High Density Residential North "RS -6" Single -Family 6 and Drainage ROW Park and Low Density ResidentialSpace Permanent Open and Medium Density Residential South "RS -6" Single -Family 6 and "CG -2" General Commercial Commercial and Low Density Residential Commercial and Medium Density Residential East "RS -6" Single -Family 6 and Drainage ROW Park and Low Density ResidentialSpace Permanent Open and Medium Density Residential West "CN -1" Neighborhood Commercial Commercial and Professional Office Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Midtown Area Development Plan (ADP), formerly known as the Southeast ADP and is planned for high density residential uses. 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. Map No.: 043038 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 570 feet of street frontage along South Alameda Street which is designated as an "A2" Secondary Arterial Street and has approximately 1,140 feet of street frontage along Everhart Road which is designated as an "Al" Minor Arterial Street. According to the Urban Transportation Plan, "A2" Secondary Arterial Streets can convey a capacity between 20,000 to 32,000 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume South Alameda Street "A2" Secondary Arterial 100' ROW 54' paved 115' ROW 65' paved 12,967 ADT (2015) Everhart Road "Al" Minor Arterial 95' ROW 64' paved 87' ROW 32' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "CN - 1" Neighborhood Commercial District to allow for a future commercial use and reuse of the building. Development Plan: The subject property is 6.82 acres in size. The owner is proposing future development of the property. The facility was originally built prior to the former Corpus Christi Zoning Ordinance and had been in operation until late 2017. The property has been on the market for sale since the closing of the former nursing home and has garnished a great deal of interest from multiple parties. The interest has ranged from grocery stores, convenience stores, fast food restaurants, boutique hotels, apartments, etc. According to the owner, in an effort to make the property more marketable the property will require a zoning change in order to accommodate its future use. Existing Land Uses & Zoning: The subject property is currently zoned "RS -6" Single -Family 6 District and consists of a former assisted living facility approximately 67,000 square feet in size. The subject property was annexed in 1962. Mount Carmel Assisted Living Center was built in 1953 and designed to look like a Spanish mission. The facility opened in 1954 and was the only assisted living center in Corpus Christi until 1997. To the north is a drainage right- of-way approximately 75 feet in width that is a portion of Carmel Parkway. Adjacent to the drainage ditch is the extension of Carmel Parkway approximately 40 feet in width. North of Carmel Parkway is a residential neighborhood (Lamar Park Unit 9, 1955) zoned "RS -6" Single -Family 6 District. To the south is Everhart Road. Across Everhart is a commercial shopping center (Town & Country Shopping Center) zoned "CG -2" General Commercial District. Also across Everhart Road is a residential neighborhood (Alameda Estates 2, 1945) zoned "RS -6" Single -Family 6 District. To the east is Everhart Road. Across Everhart Road is a residential neighborhood (Alameda Estates 3, 1948) zoned "RS -6" Single -Family 6 District and Lamar Park. To the west is a commercial shopping center zoned "CN -1" Neighborhood Commercial District and consists of a jewelry store, professional office, a bank, and a liquor store. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Staff Report Page 3 Plat Status: The property is platted. Utilities: Water: 6 -inch PVC line located along South Alameda Street in front of the subject property. Wastewater: 8 -inch VCP line located along South Alameda Street in front of the subject property. Gas: 2 -inch Service Line located along Everhart Road in front of the subject property. Storm Water: Inlets located to the south along Everhart Road and the Carmel Parkway ditch to the north. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Midtown Area Development Plan (ADP), formerly known as the Southeast ADP and is planned for high density residential uses. 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. Additionally, the proposed change of zoning is consistent with the following policies: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • 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) • Promote compact and walkable mixed-use urban villages that concentrate retail and services within walking distance of neighborhood residences and where they could support improved public transportation service, such as expected major bus stations and future stops for bus rapid transit, creating "transit -ready" locations. (Future Land Use, Zoning, and Urban Design Policy Statement 2) • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Department Comments: • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and 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 proposed rezoning does not have a negative impact upon the surrounding neighborhood as presented. Staff Report Page 4 • As the property is currently zoned "RS -6" Single -Family 6 District the operation of an assisted living facility was a non -conforming use as these types of facilities are not allowed in the "RS -6" District as per the Unified Development Code (UDC). • To encourage an adaptive reuse of the building, the "CN -1" District does allow the following uses by -right: Apartments, Group Living Uses, Day Care, Community Service, Medical Facilities, Offices, Overnight Accommodations, Restaurants, and Retail Sales and Service Uses. • Staff encourages the preservation of the building as it has architectural and cultural significance due to the building's design and service to the community. • The building's age and Spanish Mission architectural design warrants further assessment for a national, state, or local historic designation to preserve the building. • Historic designations do create opportunities for grants and tax incentives. For example, if a commercial property is listed on National Register of Historic Places it may be eligible for a 20% income tax credit for substantial rehabilitation. Planning Commission and Staff Recommendation (December 12, 2018): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. Vote Results: For: 9 Opposed: 0 Absent: 0 Abstained: 0 Public Notification Number of Notices Mailed — 37 within 200 -foot notification area 5 outside notification area As of December 7, 2018: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 10 inside notification area — 0 outside notification area Totaling 9.28% 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\1218-01 Carmelite Sisters\Council Documents\CC Report_1218-01 Carmelite Sisters.docx Staff Report Page 5 rad :1law 8 araynd sp.1Ya'rh' of Du"IG9irvanrs mss CASE: 1218-01 ZONING & NOTICE AREA P M -1 MVdfaniI 1 P ll-2 Maifadd2 P ll-b MiJdranly2 pM Pr.1.I1Ia.S Clio. P M -AT 1 2Mfanlp AT CM -1 INlpbborhood Conn. rcl.I CM -2 M.IaPborlwod roam CR -1 R.1"A Conn.raYI w ulrt r :cbinr .i.1 cWJ 11120 P414!0.v.0wrMy Rb -10 54.1 Rb.. f:Inp ..:..iyp. Rt4_4 bine :.-:7m 4.4 Rt -TF Two =.� Rb -1b bin,:.:!,1116 RE 2,1 .. ...I Ealal• 52 TIL 71'.R LbB 44 buso 14 M Met!.......... - 4 ® lrt-s.. c-. •.J Staff Report Page 6 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 intencidn de asistir a esta unta oje re.uieren servicios es.eciales. se les suolica que den av,so 48 horas antes de la junta Hernando al departamento de servicios de desarrollo pl npmero (361)826-3240. If you wish to address the Commisson 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 y su ingles es limitedo, favor de (lamer al departamento de servicios de desarrollo al Humero (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. 1218-01 Carmelite Sisters have pet tioned the City of Corpus Christi to consider a change of zoning from the "RS - 6" Single -Family 6 District :o the "CN -1" Neighborhood Commercial District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 4130 South Alameda Street and Lot 1, Block 1, Carmelite Home Tract, located on the north side of South Alameda Street, east of Carmel Parkway, and west of Everhart 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, December 12, 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 heanng 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: 1 ei.�.� E /t , iL.Q /-V/ ( I t Address: 4"0"-C)j �, 1--' n(, e !^ 1, i" ( ) IN FAVOR { IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 18ZN1032 Property Owner ID: 6 City/State: d-,5 145 C/A/ifs tip fa - Phone: Gam_ / Si nature Case No. 1218-01 Protea Manager: Andrew Dimas Email: andrewd2©cclexas.com Staff Report Page 7 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 31 (381) 828-3240. Personae con inc3pacidadoc, aue tienen la intencion de asistir a esta junta v aue reauieren servicios especiafes_se les suplica aue den avis4 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 dingirse a la cprtlmission durante la iunta y su ingles es limitedo. favor de Hamar a( departamento de servicios de desarrollo al nirmerq (361) 826-3290 al rnenos 48 horas antes de la iunta Para solicitar un interorele ser presence durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1218-01 Carmelite Sisters have petitioned the City of Corpus Christi to consider a change of zoning from the "RS - 6" Single -Family 6 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: 4130 South Alameda Street and Lot 1, Block 1, Carmelite Home Tract, located on the north side of South Alameda Street, east of Carmel Parkway, and west of Everhart 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, December 12, 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) ANO 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 applcant or appellant concerning an application or appeal, either at home or office, o r In person, by telephone call or by letter. Printed Name: e : q°55i1 JG1.45 4 Address: _ r 2-0 Z GSTP're —1)r- City/Slate; Cor P' CoQ1svi V ( ) IN FAVOR KIN OPPOSITION GI40n' one: 361- 0I5"—`8`181 REASON: 4(-r& iG a erer1^,4+4 Q at.G«'t''f-t7 QrcipeAt., a.rt d lrneral 541 0511` da Eska-ke1t- +1,ti nei ctrLos4 CO4ii•�-4,rbJLgk4v Qo {--Dr- VA.ug Arllouse� •� - , or, Few kousit.5 at'J are Par- k iyvkl-tel +a Priatwe�aftbn-t>� Jr KNo Le1L1 ower 5 ovid. i}C LiIIOWeJ ( Signature `L 44 SEE MAP ON REVERSE SIDE — Case No .1218-01 INFOR Case No.: 18ZN1032 Project Manager. Andrew Dimas Property Owner 1D.10 Erma andre vatIlc eies.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 Incaoaddades aue tienen la intention de asistir a esta junta v que reguieren servicios especiales, se les suol ca oue den eviso 48 home antes de la junta Ilemando al departamento de servicios de desarrollo, al numero (361) 826-3240. H 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 usled desea diriairse 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 rnenos 48 horas antes de la iunta para solicitar LI1 interprete ser presente durante la ionto, CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1218-01 Carmelite Sisters have petitioned the City of Corpus Christi to consider a change of zoning from the "RS - 6" Single -Family 6 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: 4130 South Alameda Street and Lot 1, Block 1, Carmelite Home Tract, located on the north side of South Alameda Street, east of Carmel Parkway, and west of Everhart 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, December 12, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more Information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERS) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277. CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, NOTE: In accordance with this 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: (+ ' ` S Address: I 4 C(Af M6 P t"l City/State: (orifv1 CLr:114f -rx ( ) IN FAVOR q6 IN OPPOSITION Phone: 11 — 51 3- 02-58 144:rte y�ltt} REASON' )e/Son�.l rani�,ly SaQf� r eroPt•r{tt vc.1-�tJ 4�M^ lac Area SEE MAP ON REVERSE SIDE INFOR Case NV.. 18ZN1032 Property Owner ID. 15 Signature 11419/ig Case No. 1218.01 Project Manager Andrew Dimas Email: andrewd2accteras corn Staff Report Page 9 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 Inrapacidades, gyp tienen la intencion _de e jstir a e.ta iunta v due renuieren servicios espedales. se les suolica clue den aviso 4, horas antes de la junta Ilamando al departamento de servicios de desarrogo, al numsro (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 leas) 48 hours in advance to request an interpreter be present during the meeting. SI usted desea diriairse a la commission durance la junta v su ingI s es limitado, favor de hamar al departamento de 5Qrvicios de desarrolle al Romero (361) 826-3240 al mens 48 horas antes de la junta para solicitar un interorete ser oresente durante la junta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1218-01 Carmelite Sisters have petitioned the City of Corpus Christi to consider a change of zoning from the "RS - 6" Single -Family 6 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: 4130 South Alameda Strout and Lot 1, Block 1, Carmelite Home Tract, located on the north side of South Alameda Street, east of Carmel Parkway, and west of Everhart Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andior 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, December 12, 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 OW NER(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 or this Commission with an applicant or appellant concerning an application or appeal, either at home or office, Or In parson, by telephone call or by letter. Pnnted Name: V1 c L4z4._, V 1 1 l a () LA-4- Address: u Address: i r) ly-U ri ✓e ( ) IN FAVOR tiO IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Caso No.. 18ZN1032 Property Owner 10.24 City/Stat Phone: Case No 121A-01 Project Manager Andrew Dimas Email: andrewd2@cctexas.com Staff Report Page 10 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 incaoacidades. aue tienen la intencion de asistir a esta iunta v aue reauieren servicios esoeciales. se les suplica que den aviso 48 horas antes de la lunta Hernando al deoartamento de servicios de desarrollo, al numero (361)820-3240. 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 dirialrse a la commission durante la iunta y su ingles es IimiIado. favor de hamar al denartamento de serviCieS de desarrollo al numero (361) 826-3240 al menos 48 horas antes de Ialunta para solicitor 'ft interorete ser presente durante la iunta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1218-01 Carmelite Sisters have petitioned the City of Corpus Christi to consider a change of zoning from the "RS - 6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District, resulting in a change to the Futuro Land Use Map. The property to be rezoned is described as: 4130 South Alameda Street and Lot 1, Block 1, Carmelite Home Tract, located on the north side of South Alameda Street, east of Carmel Parkway, and west of Everhart Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andlor 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, December 12, 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 cat (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 e277, CORPUS CHRISTI_ TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission ByLaws, no discussion shAI be held by a member or members of this Commission with an applicant or appellant concerning an application or appe d, either at home oroMke, or In person, by telephone call or by letter. Printed Name: R 5 LL DOJG s Address: '< 2..o E51147 -e- ��1` CitylState: CD STI 7) ( ) IN FAVOR { ) IN OPPOSITION REASON: 1rJ cret4.SeC -J-ra-Tri. ("Iceea-5 e o -1-r a (t.chi,J qt./NJit( i'}{tit -rrs.rt ti1-ca 1\o u5 i ni 'i1-' a,rC- p( 1" M Cel1'Owr-►—sho1)Libe. aliolN 1 SEE MAP ON REVERSE SIDE INFOR Case No.: 18ZN1032 Property Owner ID: 25 Phone -3 '( at on 0.g{ w3ITS••6-iFro -1)n r4441 1\42- (n1001 -(Noe) ovt Es4'1LC � b Dr • V i ale ll. c-,.�C-r-rx.ac,lN, o n am • r4ia a Fra e. 111 Signature Case No.1218-01 Project Manager Andrew Dimas Email androwd2@cctexascom Staff Report Page 11 Persons with disabilities ptanning to attend this meeting, who may require special serv,ces are requested td contact the Development Services Department at least 48 hours in advance at (361) 826.3240. Personas con inrapactlades. aue tienen la intention de asistir a esta junta y due reauieren servicios especiales, se les suolica aue den avise 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al raimero (361) 826-3240. If you wish lo address the Commission during the meeting and your English is limited. please cad 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 finales es limitado. favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al mens 48 horas antes de latunta para solic lar un interprete ser presente durance la junta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1218-01 Carmelite Sisters have petitioned the City of Corpus Christi to consider a change of zoning from the "RS - 6" Single -Family 6 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: 4130 South Alameda Street and Lot 1, Block 1, Carmelite Home Tract, located on the north side of South Alameda Street, east of Carmel Parkway, and west of Everhart 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, wiN 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 heating will be held on Wednesday, December 12, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT. SIGNED BY THE CURRENT PROPERTY OWNERS) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD . NOTE: In accordance wkh the PlanningtommIssion By -Laws, no discussion shall be held by a member or members or this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in perscn, by telephone call or by letter. / 1,. Printed Name: //1..4 Mn.�J %� t/a h n c� t1 -tip �., 1_ jtLJ l I I (14kie Address: lir?% Cci. -i' .e/ ALA- k,,,,e - �" / City/State: Corit.,.r ( ) IN FAVOR (X IN OPPOSITION Phone: C36/,) 9 Y -%rr 5 REASON: 6)11/-{nc91-7-e; 9N `Jr(la&r7&, c/a./✓E d /dice-fly/2 SEE MAP ON REVERSE SIDE INFOR Case No.: 182N1032 Property Owner ID: 33 Case No 1218-01 Project Manager -Andrew Dimas Email: andrev,e2acctexas.com Staff Report Page 12 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 al (361) 826-3240. Personas con incapacidades, tienen la intention de asistir a esta 'unta ue r-•ui ren servicios es•eciales se les su.lica •ue den aviso 48 bores 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 al least 48 hours in advance to request an interpreter be present during the meeting, Si usted desea diriairse a la commission durante la junta v su inoles es limitado, favor de (lamer al m nt+ de i. . I..I nu + 361 826-3240 al menos 48 horas antes d: la n • ra •li I .r un lntbrprete ser presentte durante Ia junta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1218-01 Carmelite Sisters have petitioned the City of Corpus Christi to consider a change of zoning from the "RS - 6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District, resulting in a change to the Futuro Land Use Map. The property to be rezoned is described as: 4130 South Alameda Street and Lot 1, Block 1, Carmelite Home Tract, located on the north side of South Alameda Street, east of Carmel Parkway, and west of Everhart 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, December 12, 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, by telephone call or by letter. Printed Name: -t1a6 Address: *VI Q Ka OA s•- ,,.,,1,1 City/State ( ) IN FAVOR ((( IN OPPOSITION Phone: —56A \3 — REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 18ZN1032 Property Owner ID: 34 Signature Case No 1218-01 Project Manager: Andrew Dimas Email: andrewd22cctexas com Staff Report Page 13 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 al (361) 826-3240. Personas con incapacidades que tienen la intenci&n de asistir a este junta v nue reguieren servicios esoeciales, se les sudica me don aviso 48 horas antes de la junta Ilamando al deparlamento de servicios de desarrollo al nitmero (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 mooting. Si usted dosea dirigirso a la commission durante la junta y su ingI s es limitadD, favor de Ilamar al deparlamento de sorvicios de dosarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interpreto ser presento duranto la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1218-01 Carmelite Sisters have petitioned the City of Corpus Christi to consider a change of zcning from the "RS - 6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District, resukinq in a change to the Future Land Use Map. The property to be rezoned is described as: 4130 South Alameda Street and Lot 1, Block 1, Carmolito Homo Tract, located on the north side of South Alameda Street, oast of Carmel Parkway, and west of Everhart 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, December 12, 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: Address: ( ) IN FAVOR REASON: 6"-/ 21-al/)//1-/ /1-flej3 /(14e4 City/State: C---/ i`"/ .-ho f9- (X) IN OPPOSITION SEE MAP ON REVERSE SIDE INFOR Case No.: 18ZN1032 Property Owner ID: 35 Phone: i //IJD�� De- G4Ai/5 Sign to Case No 1218-01 ojoct Manager: Andrew Dimas Email: 3ndrewd2©cctexas.com Staff Report Page 14 rtarsons with disabilities planning to attend this meeting, who may require special services, are requested to contact he Development Services Department at least 48 hours in advance at (381) 826.3240. Personas con incapacidades, aue tienen le intencion de asistir a esta junta v oue recluieren servicios esDec'ales, se les suplica aue den aviso 48 horas antes de la junta'amendo al departamento dg servicios de desarrollo. al nemero (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 diriairse a la commission durante la tunta v su ingles es limitado, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826.3240 al mans 48 horas antes de la junta Dara solicitar un intenxete ser Dresente durante la Junta, CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1218-01 Carmelite Sisters have petitioned the City of Corpus Christi to consider a change of zoning from the "RS - 6" Single -Family 6 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: 4130 South Alameda Street and Lot 1, Block 1, Carmelite Home Tract, located on the north side of South Alameda Street, east of Carmel Parkway, and west of Everhart 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 tc discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. December 12, 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 applicadon or appeal, either at home or office, or in person, by telephone call or by letter, Printed Name: i o55e..L ed ) Address: 4 W 5 &5-ECc-k D ( ) IN FAVOR OQ IN OPPOSITION REASON: i.*creaa6ej 40.(ie.. q' "t1'6-Ffic.-Krt+4.-1-AGI 600rt- Crn E't r , J sts t. o� t: sA reg- -fo S ria vve&t lr-re No Cc11Todex-54ux 6e4tloweA "Dr wel few: SEE MAP ON REVERSE SIDE INFOR Case No.: 18ZN1032 Property Owner ID: 36 Signature City/State: COr rv$ G64-124.Sri Phone: 3611-815 gr oktoce"-F its proper ctnd ilnCS-€Z9t4 tuwctt,J. has Sirs -� Case No. 1218-01 Protect Manager: Andrew Dimas Email: andrewd2©cctexas.com Staff Report Page 15 -Tec •- December 18, 2018 DEC2 4 2018 City of Corpus Christi Sir,,u,ti Development Services Dept. — P.O. Box 9277 Corpus Christi, TX 78469 RE: City Planning Commission Attn: Andrew Dimas Rezoning Case No. 1218-01 To Whom It May Concern: I own numerous properties on Estate Drive and Clinton Drive in the area of the proposed rezoning of the subject property. I have also lived in the subdivision since 1989 and consider this neighborhood my home. I have worked hard to improve the neighborhood since moving here and have purchased numerous homes which I have remodeled and increased their value. I pay close to $20000.00 in property taxes annually to Nueces County. I have numerous concerns based on the Power -point presentation that was presented during the rezoning hearing. 1. This property extends off of Alameda Street frontage and into the area along Everhart Road and Carmel Parkway that is currently zoned as Single Family Residential. 2. Allowing commercial usage along Everhart Road will increase traffic through the neighborhood as vehicles will begin using the residential streets of Junior Terrace, Clinton Drive and Estate Drive to cut through to Robert Drive. I do not believe that this have been considered in your decision to rezone the property. 3. Uses allowed as per the proposed rezoning Power -point presentation include potential businesses that will have a definite impact on the residential neighborhood. 4. The access to these "proposed uses" should be limited to entrance off of Alameda Street. No access to or exit from the property should be allowed off of Everhart Road or Carmel Parkway. 5. There were no proposed plans submitted for this rezoning for the neighborhood to consider. The uses allowed are way to inclusive potential business that will affect the neighborhood and should be limited. 6. I am concerned that community service might include the construction of a cell tower at the intersections of Center Drive, Everhart Road and Estate Drive. This would have a definite effect on my property values and the quality of living in the area. Any Tower construction, cellular or otherwise should be excluded in your rezoning request. 1 Staff Report Page 16 7. Parking construction should be limited to Alameda Street frontage only. Any parking construction and access to or from along Everhart Road will definitely impact the existing family neighborhood of the Alameda Estates Subdivision homes as well as the Lamar Park subdivision homes. 8. No mention was made in the powerpoint as to the current owners of the property. Is it owned by the Carmelite Sisters or has it been purchased by a business venture? If rezoning is granted will it continue to be owned by the Carmelite Sisters or will it be sold to a business venture once rezoning is granted? These are important points to consider for our neighborhood. I appreciate your consideration in addressing the concerns as noted above and would appreciate a more detailed plan for the subject property. Your concems should be prioritized for the residents in the neighborhoods that will be adversely affected by the potential rezoning and not towards the potential benefits to the current owners or potential buyers of the property. I should not have to remind you that properties owned by religious organizations do not pay county taxes as the residents in the neighborhoods are required to pay. Sincerely, Russell Douglas 4225 Estate Drive Corpus Christi, Tx 78412 361-815-8481 rustyd@mygrande.net 2 Staff Report Page 17 City Council City of Corpus Christi, Texas December 17, 2018 RECEIVED l�. IAN 0 3 2019 .. Office Of Tie Mayor re: Re -zoning of the property of the former Mount Carmel Residence for the elderly Mr. Mayor, Members of the City Council, The appended signatures are of the residents of Aberdeen Avenue, Center Street and Circle Street. We object strongly to the re -zoning of the former Mount Carmel property to allow its use as commercial property! This objection is not to the commercial use of the property as much as to an increase in the already extensive invasion of commercial traffic problems from Everhart Street into the neighborhood residential areas behind Town and Country Shopping Center and the former Mount Carmel property! We have experienced over the years a steadily growing increase of drunken traffic, commercial vehicles, and non-resident vehicle traffic from Everhart Street into the peaceful tranquility of our neighborhood, using our residential streets as a convenient throughway to Santa Fe and Ocean Drive! We have also experienced a growing number of strangers cruising through our streets and on foot, petty thefts and burglary! Over the years we have been struggling to gain the attention of the police and the city council and get them to do something significant to put a stop to these problems, but have had little if any results. Now that Mount Carmel Home for the elderly has closed and the property put up for sale, the City has published notice that the property will be re -zoned for commercial use! Possible uses will be apartments, group living, community service, medical facilities, offices, overnight accommodations, restaurants, and retail sales and services. We, as well as the City, recognize that this will, most likely, increase vehicle and foot traffic which will spill through our neighborhood residential streets and aggravate our problems! We have experienced drunken, reckless drivers speeding down our streets, jumping curbs and driving across driveways, sidewalks and lawns! We have seen the result of a drunken driver, asleep at the wheel, crash through the barrier at the end of Everhart and down into the drainage ditch in Lamar Park! The house at the end of Everhart has had a long history of drunken drivers crashing through into their back yard! Our neighbors on the corner of Aberdeen and Center have experienced numerous out of control drivers jump the curb and drive across their C�.• K 56-w)) icon-rAencf CZ Staff Report Page 18 lawns! The lady at the corner of Everhart and Center surprised a burglar inside her house stealing her things! We have had vehicles vandalized, windows smashed and equipment inside stolen! These are only a few of our experiences! We come before the City Council to address our grievances and objections! Since all attempts to slow down or re -direct non-residential traffic to the streets built for such traffic have failed, we the residents 1) object strongly to any increase of hazardous and dangerous traffic on our residential streets caused by the re- zoning, and 2) petition the City Council to permanently block all traffic from Everhart at the junction of Everhart and Center at the old alley and turn Aberdeen, Center and Circle streets into a U shaped street opening and closing only on Santa Fe! If the City wishes to allow the Mount Carmel property to he re -zoned for commercial use or not, Everhart should no longer have access to our residential streets for its hazardous and problematic traffic which will only increase in the future! Sincerely yours, The residents of Aberdeen Avenue, Center Street and Circle Street 3�rCt Sse7"-(--c1.1 Staff Report Page 19 lawns! The lady at the corner of Everhart and Center surprised a burglar inside her house stealing her things! We have had vehicles vandalized, windows smashed and equipment inside stolen! These are only a few of our experiences! We come before the City Council to address our grievances and objections! Since all attempts to slow down or re -direct non-residential traffic to the streets built for such traffic have failed, we the residents 1) object strongly to any increase of hazardous and dangerous traffic on our residential streets caused by the re- zoning, and 2) petition the City Council to permanently block all traffic from Everhart at the junction of Everhart and Center at the old alley and turn Aberdeen, Center and Circle streets into a U shaped street opening and closing only '1 on Santa Fe! If the City wishes to allow the Mount Carmel property to be re -zoned for commercial use or not, Everhart should no longer have access to our residential streets for its hazardous and problematic traffic which will only increase in the future! Sincerely yours, The residents of Aberdeen Avenue, Center Street and Circle Street if 371 1.1/* t L3fr') A5`t7.- goi Staff Report Page 20 lawns! The lady at the corner of Everhart and Center surprised a burglar inside her house stealing her things! We have had vehicles vandalized, windows smashed and equipment inside stolen! These are only a few of our experiences! We come before the City Council to address our grievances and objections! Since all attempts to slow down or re -direct non-residential traffic to the streets built for such traffic have failed, we the residents 1) object strongly to any increase of hazardous and dangerous traffic on our residential streets caused by the re- zoning, and 2) petition the City Council to permanently block all traffic from Everhart at the junction of Everhart and Center at the old alley and turn Aberdeen, Center and Circle streets into a 11 shaped street opening and closing only on Santa Fe! If the City wishes to allow the Mount Carmel property to be re -zoned for commercial use or not, Everhart should no longer have access to our residential streets for its hazardous and problematic traffic which will only increase in the future! Sincerely yours, The residents of Aberdeen Avenue, Center Street and Circle Street 7LL6°,e- e e y(J-- Staff Report Page 21 lawns! The lady at the corner of Everhart and Center surprised a burglar inside her house stealing her things! We have had vehicles vandalized, windows smashed and equipment inside stolen! These arc only a few of our experiences! We come before the City Council to address our grievances and objections!! Since all attempts to slow down or re -direct non-residential traffic to the streets built for such traffic have failed, we the residents 1) object strongly to any increase of hazardous and dangerous traffic on our residential streets caused by the re- zoning, and 2) petition the City Council to permanently block all traffic from Everhart at the junction of Everhart and Center at the old alley and turn Aberdeen, Center and Circle streets into a U shaped street opening and closing only on Santa Fe! If the City wishes to allow the Mount Carmel property to be re -zoned for commercial use or not, Everhart should no longer have access to our residential streets for its hazardous and problematic traffic which will only increase in the future! Sincerely yours, The residents of Aberdeen Avenue, Ccntcr Street and Circle Street S+c c 6roveG 3os elide 3!.! 9`i3iv�5� Staff Report Page 22 (awns! The lady. at the corner of Everhart and Center surprised a burglar inside her house stealing her things!! We have had vehicles vandalized, windows smashed and equipment inside stolen! These arc only a few of our experiences! We come before the City Council to address our grievances and objections! Since all attempts to slow down or re -direct non-residential traffic to the streets built for such traffic have failed, we the residents 1) object strongly to any increase of hazardous and dangerous traffic on our residential streets caused by the re- zoning, and 2) petition the City Council to permanently block all traffic from Everhart at the junction of Everhart and Center at the old alley and turn Aberdeen, Center and Circle streets into a U shaped street opening and closing only on Santa Fe! If the City wishes to allow the Mount Carmel property to be re -zoned for commercial use or not, Everhart should no longer have access to our residential streets for its hazardous and problematic traffic which will only increase in the future! Sincerely. yours, The residents of Aberdeen Avenue, Center Street and Circle Street lite LQ malls Iv1JCFOIE L.l�u14- .32s� Aug_ Clot? pLts Ci412 1 5 rt c x 7,E(41/2___ (34/) 735- e7Yq //U'15' Hyl,; rL .Cca r.� Staff Report Page 23 lawns! The lady at the corner of Everhart and Center surprised a burglar inside her house stealing her things! We have had vehicles vandalized, windows smashed and equipment inside stolen! These are only a few of our experiences! We come before the City Council to address our grievances and objections! Since all attempts to slow down or re -direct non-residential traffic to the streets built for such traffic have failed, we the residents 1) object strongly to any increase of hazardous and dangerous traffic on our residential streets caused by the re- zoning, and 2) petition the City Council to permanently block all traffic from Everhart at the junction of Everhart and Center at the old alley and turn Aberdeen, Center and Circle streets into a U shaped street opening and closing only on Santa Fe! If the City wishes to allow the Mount Carmel property to be re -zoned for commercial use or not, Everhart should no longer have access to our residential streets for its hazardous and problematic traffic which will only increase in the future! Sincerely yours, The residents of Aberdeen Avenue, Center Street and Circle Street 10)12,0 C.7 Jt, 6� 32c. 4e/ cire." ,41 Staff Report Page 24 lawns! The lady at the corner of Everhart and Center surprised a burglar inside her house stealing her things! We have had vehicles vandalized, windows smashed and equipment inside stolen! These are only a few of our experiences! We come before the City Council to address our grievances and objections! Since all attempts to stow down or re -direct non-residential traffic to the streets built for such traffic have failed, we the residents 1) object strongly to any increase of hazardous and dangerous traffic on our residential streets caused by the re- zoning, and 2) petition the City Council to permanently block all traffic from Everhart at the junction of Everhart and Center at the old alley and turn Aberdeen, Center and Circle streets into a U shaped street opening and closing only on Santa Fe! If the City wishes to allow the Mount Carmel property to he re -zoned for commercial use or not, Everhart should no longer have access to our residential streets for its hazardous and problematic traffic which will only increase in the future! Sincerely yours, The residents of Aberdeen Avenue, Center Street and Circle Street .?,?o'1A erd - n Ae ee x -7Ft// ) 1 ���' -2 5' r° 26 Staff Report Page 25 lawns! The lady at the corner of Everhart and Center surprised a burglar inside her house stealing her things! We have had vehicles vandalized, windows smashed and equipment inside stolen! These are only a few of our experiences! We come before the City Council to address our grievances and objections! Since all attempts to slow down or re -direct non-residential traffic to the streets built for such traffic have failed, we the residents 1) object strongly to any increase of hazardous and dangerous traffic on our residential streets caused by the re- zoning, and 2) petition the City Council to permanently block all traffic from Everhart at the junction of Everhart and Center at the old alley and turn Aberdeen, Center and Circle streets into a U shaped street opening and closing only on Santa Fe! if the City wishes to allow the Mount Carmel property to be re -zoned for commercial use or not, Everhart should no longer have access to our residential streets for its hazardous and problematic traffic which will only increase in the future! Sincerely yours, The residents of Aberdeen Avenue, Center Street and Circle Street << kCcAl Staff Report Page 26 From: Denise Villagran <dsvilla6Dy$pmail.com> Subject: Zoning request for Mt. Carmel Horne property As a homeowner at 434 Carmel Parkway my husband and I enjoy the view of the walking track behind Mt. Carmel. Until the sisters moved out we would see the sisters and assisted living resdents enjoying this space. When we purchased our home 20 plus years ago we knew the sisters had operated :heir assisted living facility since the 00's and felt confident their work would continue. It was quite a surprise when they announced they would be closing and selling the property. As a homeowner living close to this property. we have an interest in the type of business and]or improvements a new owner would bring. The proposed zoning allows a broad range of options 'or a new owner. This broad range of options is a cause for concern. No: only could there be another assisted living business. which would be fine, but there could also be apartments. a grocery store. a discount store, a charter school or a substance abuse center to name a few. Let me be very clear, I am no: against development and I know this property is considered prime real estate. I am in favor of development of this property that compliments or enhances our neighborhood. There are commercial businesses beside and in front of this property_ I could easily see a small specialty shopping center in this space like the Lamar Park shopping center at the other end of our subdivision that could include pro`essional office space. What I fine most objectionable about this rezoning process thus far, is the complete lack of transparency and the outward secrecy of the Applicant and the prospective Developer in responding to the neighboring property owners' concems. Aside from the controversial opinions arising from the rumors abounding, the very real and detrimental effects of the light/noise pollution, traffic congestion and the safety issues will most certainty arise should the property be developed under the broad spectrum of permitted uses under CN 1 Zoning. Moreover, I find it more objectionable that the City Planning Department and the City Planning and Zoning Commission would have even considered the application in the form it was submitted in the first place_ It was substantially deficient and even misleading in many aspects. And even more disturbing is the fact that the approval by the Planning and Zoning Commission was initiated by a motion from Commissioner Schroeder prefaced on the basis that the future use of the property was not known and therefore the request for rezoning should be approved because no matter what, the property would ultimately need to be rezoned for any future use due to the timing of the closure and the cessation of the use of the property under its current zoning status. Such a motion is clearly and contrary to many of the precepts set out in Article 1, Subsection 1.2 of the City's Unified Development Code, most recently adopted as o' August 15, 2017. Any development that would bang high density apartments, any type of discount store. a charter school with students that live there or an in-patient treatment facility is simply not aligned with the General Provisions of the l.ni5ed Development Code. These types of businesses bring increased traffic, lighting, noise and quite possibly a lowering of property values. The listing agent has stated that the property is not under contract. but there are interested parties_ Among the realty community there have been rumors that Cliff Atnip with Cobb. Lundquist. & Atnip Realtors is representing a potential buyer or tenant. When Mr. Atnip has been asked about the possible development by his client. he stated he didn't have to disclose anything. While this is true why would he or his client wish to maintain such secrecy about the type of business planned for this space? The only reason I can think of is they know their proposed development would be opposed. I am aware of all the rumors about a possible detention center for undocumented immigrant children and according to the City the proposed zoning would not permit such a place. That is great news. however, there are always loopholes :o accomplish what is desired by motivated individuals. I trust that you, as our elected representative on the City Council, will carefully consider this sensitive rezoning request. And further, that you will advocate on behalf of the residents like mysefj and my husband to protect and preserve the value of our property as it exists today and to preserve the peaceful and stable quality of life this neighborhood affords the residents who have chosen to invest their hard-earned money in their homes_ If there can be no transparency about what is intended for this property, then perhaps the City can re -zone the property with special provisions to preserve the stability of this neighborhood. This was discussed during the planning commission meeting. There is a less broad zoning that would still permit commercial development o' the property. Please note we strongly oppose this re -zoning without a clear understanding of the intended development or a re- zoning of the property but with a narrow list of possible uses. Sincerely. Denise S. Villagran & Urban Villagran, Jr. Zoning Case #1218-01 Carmelite Sisters Rezoning for a Property at 4130 South Alameda Street City Council Presentation January 22, 2019 Aerial Overview Subject Property at 4130 South Alameda Street Zoning Pattern Iwo" Rnme MN* A2m3 glzY Mme gizY % TOM SUBJECT CT PROPERTY RnI1 1'J 64,0 TWA 119(4 11676 11 606 fi - Planning Commission and Staff Recommendation Approval of the "CN -1" Neighborhood Commercial District Public Notification 37 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Notification Area Opposed: 10 (9.28%) In Favor: 0 6 UDC Requirements SUBJECT PROPERTY �V c Buffer Yards: N/A Setbacks: Street: 20 feet Uses Allowed: Apartments, Group Living Uses, Day Care, Community Service, Medical Facilities, Offices, Overnight Accommodations, Restaurants, and Retail Sales and Service Uses. "CN -1" Neighborhood Commercial District Uses • Apartments / Townhomes • Group Living (Assisted Living, Nursing Homes) • Day Care (Child and Adult) • Community Service (Museums, Art Gallery, Libraries) • Medical Facilities (Hospitals, Clinics, Offices) • Churches and Schools • Indoor Recreation (Bowling, Movie Theaters, Billiards) • General Offices • Overnight Accommodations (Hotels, Bed and Breakfast) • Shopping Center (Retail, Restaurants, Corner Stores) • Limited, Vehicle Service (Tires, Batteries, Tune-ups) Land Use Table Use/Zone RS -6 RM -1 Single -Family S Yes Churches Yes Yes Schools Yes Yes Apartments Group Living No Yes Yes Yes (6 or fewer) (Except Nursing) Nursing Home No No Medical/Offices No No Retail/Restaurants No No RM -2 RM -3 CN -1 Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes (Except Nursing) Yes Yes Yes Yes No Yes Yes No No Yes No No Yes Utilities • Water: 6 -inch PVC Line • Wastewater: 8 -inch VCP • Gas: 2 -inch Service Line • Storm Water: Road side drainage and Carmel ditch Historical c.1965 Mt. Carmel Assisted Living Facility • First considered in 1945 • Built 1953 (67,000 square feet) • Opened 1954 • Only assisted Living facility until 1997 • Spanish Mission architectural style 11 Historic Preservation 1965 Present Day Historical c.1956 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 15, 2019 Action Item for the City Council Meeting of January 22, 2019 DATE: TO: December 18, 2018 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 Dan Grimsbo, P.E., Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 Professional Services Contract Alternative Water Supplies Technical Support (Raw Water Supply Fund) CAPTION: Motion to authorize execution of a professional services contract with Frank Brogan Consulting of San Antonio, Texas in the amount not to exceed $100,000 for the Alternative Water Supplies Technical Support project. PURPOSE: The provides for professional services for technical support in the City's evaluation of Request for Information for Alternative Water Supplies and potential the Seawater Desalination project. BACKGROUND AND FINDINGS: These services are to assist the City of Corpus Christi with diversifying its portfolio of raw water supply sources to ensure adequate and reliable, and drought -proof water supply for its growing customer base. In 2015, the City retained services of Freese and Nichols to evaluate implementation of an industrial seawater desalination facility including assisting with potential site selection and permit requirements. In 2018, the City issued a Request for Information (RFI) to seek one or more alternative water delivery contracts to support its water supply needs. Project No:18139A 1 AB/CJ Legistar No.: 19-0038 Rev. 0 — 9/19/2018 This contract is for engineering technical support services with the evaluation of alternative water sources including desalination and the coordinated efforts of the Port of Corpus Christi and the San Patricio Municipal Water District. This technical services and assistance is summarized below: • Attending periodic project meetings with the City, its consultants, local industry, Port of Corpus Christi, regional water suppliers, and other parties • Drafting and reviewing new ordinances and agreements in support of source water management • Advise the City and its consultants on existing Port of Corpus Christi infrastructure and channel issues which may affect the location of proposed desalination facility • Support to City staff and its consultants to evaluate the opportunities and challenges created by other desalination efforts such as M&G desalination plant and the proposed La Quinta Channel Desalination Project • Support to City staff on issues related to initial and ultimate desalination plant capacity, delivery infrastructure, and demand/consumption model and projections • Assist City staff in reviewing the Alternative Water Sources RFI and evaluating responses • Assist City staff in preparing and issuing a Request for Proposal (RFP) based on the outcome of the RFI evaluations • Assist City staff in finalizing agreements with selected RFP respondents ALTERNATIVES: 1. Authorize execution of the professional services contract. (Recommended) 2. Do not authorize execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: This contact will be on a Time and Materials basis (T&M) with a maximum fee not to exceed $100,000.00. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Water Utilities Project No:18139A 2 AB/CJ Legistar No.: 19-0038 Rev. 0 — 9/19/2018 FINANCIAL IMPACT: ❑Operating ❑Revenue iur: Capital ❑Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 105,100 105,100 Encumbered / Expended Amount This item 100,000 100,000 Future Anticipated Expenditures This Project 5,100 5,100 BALANCE 0 0 Fund(s): Raw Water Supply Fund RECOMMENDATION: City Staff recommends approval of a professional services contract with Frank Brogan Consulting. LIST OF SUPPORTING DOCUMENTS: Presentation Project Budget Location Map Contract Project No:18139A 3 AB/CJ Legistar No.: 19-0038 Rev. 0 — 9/19/2018 PROJECT BUDGET ESTIMATE Alternative Water Supplies Technical Support (Raw Water Supply Fund) PROJECT FUNDS AVAILABLE: Raw Water Supply Fund 105,100 TOTAL FUNDS AVAILABLE 105,100 FUNDS REQUIRED: Professional Service Fees. 100,000 Consultant (Frank Brogan Consulting) 100,000 Reimbursements. 5,100 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 1,750 Engineering Services (Project Mgt) 3,250 Misc 100 TOTAL 105,100 ESTIMATED PROJECT BUDGET BALANCE SCALE: N.T.S. CITYWIDE PROJECT a� LOCATION MAP NOT TO SCALE Project Number: 18139A Alternative Water Supplies Technical Support CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Crrr sti Engineering Alternative Water Supplies Technical Support Council Presentation January 15, 2019 Project Location Corpus Chr'sti Engineering ALTERNATIVE WATER SUPPLIES TECHNICAL SUPPORT SCALE: N.T.S. 2 Project Scope Corpus Chir sti Engineering This item provides Professional services to assist the City in the planning and evaluation for alternative water supplies as summarized below: • Participate in meetings with the City, its consultants, local industries, Port of Corpus Christi, regional water suppliers, and other parties • Drafting and reviewing new ordinances and agreements in support of source water management • Advise the City and its consultants on existing Port of Corpus Christi infrastructure and channel issues for potential locations of proposed desalination facility • Support City staff and its consultants to evaluate the opportunities and challenges created by other desalination efforts such as M&G desalination plant and the proposed La Quinta Channel Desalination Project • Support City staff on issues related to initial and ultimate desalination plant capacity, delivery infrastructure, and demand/consumption model and projections • Assist City staff in preparing, issuing, and evaluating responses to a Request for Proposal (RFP) based on the outcome of the RFI Project Schedule Corpus Chir sti Engineering 2019 2020 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr Professional Services / Technical Support Preliminary Design Estimate: 450 Calendar Days = 15 months Projected Schedule reflects City Council award in January 2019 with anticipated completion by April 2020 Corpus Chir sti Engineering Questions? CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 18139A - Alternative Water Supplies Technical Support 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 Frank Brogan Consulting, 200 Normandy Avenue, San Antonio, Bexar County, 78209 (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 9 EXHIBITS Contract for Professional Services Page 1 of 11 ARTICLE 1 — 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 and 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 11 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 $100,000. 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 in compliance with the Texas Prompt Payment Act. 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. 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 Contract for Professional Services Page 3 of 11 Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work 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 This service shall be for a period of y ars beginning on the Effective Date. The Agreement may be renewed for up to one year renewal options upon mutual agreement of the parties to be evidenced in writing approved changes. 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 Contract for Professional Services Page 4 of 11 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 best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI INSURANCE REQUIREMENTS 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 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. Contract for Professional Services Page 5 of 11 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. 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. Contract for Professional Services Page 6 of 11 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 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) (2) (3) Summary of facts with supporting documentation; Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; Calculation of non -value added work costs incurred by the City; and Contract for Professional Services Page 7 of 11 (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 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 Contract for Professional Services Page 8 of 11 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 contract or 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. 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. Contract for Professional Services Page 9 of 11 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 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. Contract for Professional Services Page 10 of 11 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severabilitv. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the 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. 13.15 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. CITY OF CORPUS CHRISTI FRANK BROGAN CONSULTING Jeff H. Edmonds, P.E. Date Frank C. Brogan Date Director of Engineering Services 200 Normandy Avenue San Antonio, Texas 78209 (361) 816-6637 Office frankcbrogan@gmail.com APPROVED Assistant City Attorney Date ATTEST City Secretary Date Fund Name Accounting Unit Account No. Activity No. Amount Raw Water Supply 4481-041 530000 18139 -A -4481 -EXP $100,000.00 Total $100,000.00 Contract for Professional Services Page 11 of 11 FRANK BROGAN CONSULTING 200 NORMANDY AVE. SAN ANTONIO, TEXAS 78209 361-816-6637 December 18, 2018 Mr, Mark Van Vleck, P.E. Assistant City Manager Public Works & Utilities City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Subject: Proposal for City of Corpus Christi Engineering Project No. 18139A Alternative Water Supplies Technical Support Dear Mark: In accordance with my recent discussions with your staff, I am submitting this proposal to provide project coordination services during the permitting phase of the City's Seawater Desalination Project and during the City's efforts to identify and obtain Alternative Water Supplies. In the last several months the City has made significant progress in the effort to finalize and obtain approval from City Council for the new ordinance and agreements related to the drought allocation surcharge exemption fee which will provide an additional source of funding for the proposed seawater desalination facility. With this effort nearly completed, the City can now focus its efforts on the permitting phase of this important project. Additionally. the City has recently issued a Request for Information related to Alternative Water Supplies that will look at a number of additional sources for water which may include groundwater, surface water, desalination and other sources. Both of these important efforts will advance the City"s efforts to diversify its water supplies and plan for the future. But both of these will require a significant amount of effort by City staff and its consultants. Based on our discussions, I have prepared the following proposal with a scope of work, cost and schedule for providing coordination services related to both of these important efforts: 1 EXHIBIT A Page 1 of 3 Scope of Work: A. Seawater Desalination Project: 1. Attend periodic project meetings with the City, its consultants, local industry. Port of CC, regional water suppliers and other involved parties. 2. Work with City staff and its consultants during the permitting phase of the project to identify and evaluate sites for the proposed desalination project. 3. Provide input to City staff and its consultants on existing port infrastructure and channel issues which may affect the location of proposed intake and discharge structures. Assist with meetings with the Port of CC as needed regarding same. 4. Work with City staff and its consultants on issues related to initial and ultimate plant capacity, water delivery infrastructure, demand and consumption as it affects the permitting process. 5. Work with City staffand its consultants to evaluate the opportunities and challenges created by the Port of CC's proposed LaQuinta Channel Desalination Project which is currently in the permitting process. 6. Work with City staff to transition the oversight of the Freese and Nichols work so that City staff can manage this and subsequent phases of the Freese and Nichols work. 7. Monitor the final development of the M&G Chemical desalination plant and coordinate with the new owners of the plant to see if there are any opportunities for the City to acquire additional water supplies for the City. 8. Attend and brief the City Council when requested by City staff. B. Alternative Water Supplies: L Assist city staff in reviewing and evaluating the responses received from the City's "Request for Information (RFI) No. 2018-08 — Alternative Water Supplies" that was issued on August 15, 2018. 2. Participate in and assist eity staff with any interviews with those responding to the RFI. 3. Recommend action to be taken relative to the RFI responses. EXHIBIT A Page 2 of 3 4. Assist city staff in preparing and issuing a Request for Proposals (RFP). 5. Assist city staff in preparing answers to the RFP Respondents' questions. 6. Assist city staff in reviewing and evaluating RFP Responses and conduct interviews with the respondents. 7. Assist in conducting and finalizing agreements with the selected RFP respondent. 8. Attend and brief the City Council when requested by City staff. Basis for Compensation: The above work will be performed and billed on an hourly basis with a not to exceed cost of $100,000.00. 1 will bill the City on a monthly basis using my normal billing rates of $250.00 per hour for all working time and a reduced rate of $75.00 per hour for travel time (i.e. time spent travelling to and from my home in San Antonio) plus any reimbursable expenses (i.e. mileage, meals, hotel, etc.). 1 will not exceed this limit without your prior authorization. Schedule: 1 am prepared to start work immediately upon your authorization to proceed. The expected duration of my services is twelve to fifteen months. If the City needs my services following this period, we can certainly discuss my continued involvement. Please let me know if you have any questions or need additional information. If this meets with your approval, please indicate your acceptance below. I very much appreciate the chance to work with the City of Corpus Christi on this assignment. Sincerely, 4 Frank C. Brogan EXHIBIT A Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% City of Corpus Chnsti SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST 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: F2c)tAt_ 82136yw CoRsuLT/x G P. O. BOX: N /p STREET ADDRESS: 2,cso NoRMANiol J�v� FIRM IS: 1. Corporation B 4. Association CITY: SArt Arno n 10 2. Partnership 5. Other ZIP: 7$209 3. Sole Owner a. DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "E" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: F'2AMr. C. 20 GAN Title: Ow Nc_,R. (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "E" Page 2 of 2 DATE:January 22, 2019 TO:Keith Selman, Interim City Manager FROM:Robert Rocha, Fire Chief RRocha@cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services Kimb2@cctexas.com (361) 826-3169 CAPTION: Ordinance authorizing the purchase of an impel pumper and impel rescue truck from Siddons-Martin Emergency Group from Denton, Texas, via Buyboard for a total amount not to exceed $1,580,000; appropriating $1,580,000 from the unreserved fund balance of the General Fund; and amending the budget. PURPOSE: The purpose of this ordinance is to approve purchase of impel pumper and impel rescue truck for the Fire Department. BACKGROUND AND FINDINGS: Reliability and dependability are essential for the operation of emergency response vehicles. The impel pumper is a replacement unit that will eliminate a 23-year-old front line unit used for emergency response. This unit has excessive miles and requires frequent maintenance causing out of service time as it is being repaired. The impel rescue truck is replacing an old impel rescue truck that has been in service since 1997. This 21- year-old unit has excessive miles and is considered unreliable for emergency response. Utilization of the Buyboard provides competitive pricing for the City through competitive procurements that are in with compliance with Texas local and state procurement requirements. Purchase of Impel Pumper and Impel Rescue Truck for Fire Department AGENDA MEMORANDUM First Reading for the City Council Meeting of January 22, 2019 Second Reading for the City Council Meeting of February 12, 2019 ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City’s purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: X Operating Revenue Capital Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $1,580,000 $0.00 $1,580,000 Encumbered/Expended Amount $0.00 $0.00 $0.00 This item $1,580,000 $0.00 $1,580,000 BALANCE $0.00 $0.00 $0.00 Fund(s): General Funds Comments:Funding for this purchase is provided by the $2,120,909.38 reimbursement received via the Texas Ambulance Supplemental Payment Program. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Pricing Sheet Ordinance Page 1 of 2 Ordinance authorizing the purchase of an impel pumper and impel rescue truck from Siddons-Martin Emergency Group from Denton, Texas, via Buyboard for a total amount not to exceed $1,580,000; appropriating $1,580,000 from the unreserved fund balance of the General Fund; and amending the budget. WHEREAS, Impel pumper and impel rescue truck are needed for the Corpus Christi Fire Department to replace current units; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and NOW, THEREFORE, BE IT ORDAINED 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.That funds in the amount of $1,580,000 are appropriated from the unreserved fund balance in General Fund for purchase of an impel pumper and impel rescue truck. SECTION 3. That the FY2018-19 operating budget adopted by Ordinance No. 031548 is amended by increasing expenditures by $1,580,000. SECTION 4.The City Manager, or designee, is authorized to execute any documents necessary for the purchase of an impel pumper and impel rescue truck from Siddons- Martin Emergency Group, of Denton, Texas. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor City of Corpus Christi Purchasing Division Buyer: Minerva Alvarado Price Sheet Impel Pumper and Impel Rescue Truck TLGPC 571-18 UNIT EXTENDED PRICE PRICE 1 2019 Impel Pumper 1 EA $680,000.00 $680,000.00 2 2019 Impel Rescue Truck 1 EA $898,500.00 $898,500.00 3 Buyboard Fee 1 EA $1,500.00 $1,500.00 Purchase Cost:$1,580,000.00 Siddons-Martin Emergency Group ITEM DESCRIPTION QTY.UNIT Denton, TX Project No: E16458 (Page 1)EP/CJ Legistar No.: 19-0017 REV:2 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 22, 2019 Action Item for the City Council Meeting of February 12, 2019 DATE:November 26, 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 Becky Perrin, Interim Director of Parks and Recreation beckyp@cctexas.com (361) 826-3042 CAPTION: Ordinance amending the FY 2019 Capital Improvement Program budget to increase the year one budget for project #E16458 Restoration of SEA District Water Features in the amount of $300,000; and authorizing execution of professional services contract with LNV, Inc., in the amount of $364,100 for the Restoration of SEA District Water Features project. PURPOSE: This provides for the professional services contract to conduct investigations and to develop bid documents for upgrading and restoring the Water Garden and Bayfront Park Fountains to operation. BACKGROUND AND FINDINGS: The Water Garden, constructed in the 1980’s, is located between the American Bank Center, Art Museum and Museum of Science and History. The Bayfront Park Fountain, constructed in 2008, is located adjacent to the Seawall and Shoreline Drive. This project proposes to investigate existing problems, provide engineering design and construction documents to correct electrical, mechanical and other problems to restore the maintenance and operability of both features. The Water Garden is an architectural water feature with an underground vault housing electrical, Professional Services Contract Restoration of SEA District Water Features (CIP - Type A) Project No: E16458 (Page 2)EP/CJ Legistar No.: 19-0017 REV:2 mechanical and water treatment equipment. The vault is connected to the fountain through a network of underground piping and electrical circuits. Electrical and mechanical equipment in the vault has experienced damage due to flooding and is inoperable. The vault also lacks safe and adequate access and egress for maintenance personnel. Maintenance staff have concluded that the feature is not economically serviceable as an underground vault structure. Proposed improvements include relocating all electrical, mechanical and water treatment equipment to a new above-ground building that will blend architecturally with surrounding facilities and not obstruct sight lines. All equipment will be replaced with current technology incorporating remote telemetry. The Bayfront Park Fountain is comprised of a fountain, and Kiosk building with restroom and basement, that houses required mechanical, electrical and water treatment equipment. The fountain experiences frequent outages and is currently inoperable. Additionally, there are four wind turbines originally intended to reduce energy requirements which are inoperable as well. Proposed improvements will design mechanical, electrical and control upgrades to restore fountain to operability. Wind turbines will be restored to allow free rotation but with power generators disconnected. Design will include repairs to damage at Kiosk building and restroom. Project includes an allowance for potential building modifications to re-purpose the Kiosk for commercial occupancy. This project is an approved FY 2019 Capital Improvement Program (CIP) Public Health and Safety project. The project is being accelerated to minimize the amount of time the water features are out of service. This schedule compression will result in a higher expenditure for this fiscal year than is indicated in the approved CIP. There are sufficient funds within the current Seawall CIP and an appropriation for additional funds is not needed at this time. LNV was selected under RFQ 2016-01 Part C for Public Facilities Project Services and based on their previous work associated with the Water Garden. ALTERNATIVES: 1.Authorize execution of the Professional Services Contract. (Recommended) 2.Do not authorize execution. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. Conforms to FY 2019 Capital Improvement Plan. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: This item was presented to and approved by the Corpus Christi Business and Job Development Corporation at their Monday, December 10, 2018 meeting. Parks and Recreation Project No: E16458 (Page 3)EP/CJ Legistar No.: 19-0017 REV:2 FINANCIAL IMPACT: □Operating □ Revenue X Capital □ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 150,000 1,250,000 1,400,000 Ordinance (This Item)300,000 300,000 Revised Budget 450,000 1,250,000 1,700,000 Encumbered / Expended Amount This item 364,100 364,100 Future Anticipated Expenditures This Project 85,900 85,900 BALANCE 0 1,250,000 1,250,000 Fund(s): Sales Tax Proceeds RECOMMENDATION: City staff recommends award of this professional services contract with LNV. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Contract Ordinance amending the FY 2019 Capital Improvement Program budget to increase the Year One budget for Project #E16458 Restoration of SEA District Water Features in the amount of $300,000; and authorizing execution of professional services contract with LNV, Inc., in the amount of $364,100 for the Restoration of SEA District Water Features project. WHEREAS, two SEA District water features and four adjacent wind turbines are currently inoperable; WHEREAS, putting equipment back into service in a timely manner for public enjoyment will require an accelerated project schedule; WHEREAS, accelerating the project schedule will require an increase in the approved Year One project budget; WHEREAS, required funds to accelerate the project schedule currently exist within Fund 3271 Seawall System CIP; and WHEREAS, the City Council approved the FY 2018 – 2019 Capital Improvement Program (CIP) Budget on its second reading on September 18, 2018, by Ordinance No. 031550; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1.The FY 2019 Capital Improvement Budget adopted by Ordinance No. 031550 is amended to increase the year one budget in the amount of $300,000, for a new year one total of $450,000, for the SEA District Water Features project #E16458. SECTION 2.Funds in the amount of $300,000 are currently located in the Seawall System Fund Number 3271 and no increase in the FY 2019 Capital Improvement Budget is required at this time. SECTION 3.The City Manager or designee is authorized to execute a professional services contract for the Restoration of SEA District Water Features project with LNV, Inc. of Corpus Christi, Texas in the amount of $364,100 for design and construction documents to restore the water features and wind turbines. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of January, 2019, by the following vote: Joe McComb ____________Michael Hunter ____________ Roland Barrera ____________Ben Molina ____________ Rudy Garza ____________Everett Roy ____________ Paulette M. Guajardo ____________Greg Smith ____________ Gil Hernandez ____________ That the foregoing ordinance was read for the second time and passed finally on this the _______ day of January, 2019, by the following vote: Joe McComb ____________Michael Hunter ____________ Roland Barrera ____________Ben Molina ____________ Rudy Garza ____________Everett Roy ____________ Paulette M. Guajardo ____________Greg Smith ____________ Gil Hernandez ____________ PASSED AND APPROVED on this the _______ day of January, 2019. ATTEST: ________________________________ _________________________ Rebecca Huerta Joe McComb City Secretary Mayor (Capital Improvement Program - Type A Sales Tax) PROJECT FUNDS AVAILABLE: Type A Sales Tax Proceeds……………………………………………………………………1,400,000 Type A Sales Tax Ordinance (THIS ITEM)…………………………………………………300,000 TOTAL FUNDS AVAILABLE…………………………………………………………………1,700,000 FUNDS REQUIRED: Construction Fees:…………………….……………………………………………………… TBD Construction (TBD) …………………………………………………………… TBD Contingency (10%)……………...……………………………………………TBD Construction Inspection and Testing Fees:………………………………….………………TBD Construction Inspection (Est)…………………………………………..………TBD Testing Services (Est)…...………………..…………………………………… TBD Design and Geotechnical Fees:………………………………………………………………364,100 Professional Services Contract (LNV, Inc.) (THIS ITEM)….…………… 364,100 Reimbursements:……………………………………………………………………………… 85,900 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)………34,000 Engineering Services (Project Mgt)……………………………………………50,400 Misc. (Printing, Advertising, etc.)………………………………………………1,500 TOTAL……………………………………………………………………………………………450,000 ESTIMATED PROJECT BUDGET BALANCE………………………………………………1,250,000 Restoration of SEA District Water Features PROJECT BUDGET ESTIMATE 37 181 PROJECT LOCATION N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Restoration of SEA District Water Features Project Number: E16458LOCATION MAP NOT TO SCALE City Council Presentation January 22, 2019 Restoration of SEA District Water Features (CIP – Type A) 1 Project Location 2 Project Vicinity 3 Project Vicinity 4 Project Vicinity 5 Project Scope 6 Investigate and develop recommendations to restore fountain operations and maintenance including: Water Garden: –Construct new above ground pump house –Relocate/replace of existing Mech/Elect/Plumb (MEP) equipment –Fountain upgrades –Misc. site improvements Bayfront Park Fountain: –MEP upgrades and repairs –Optional wind turbine upgrades (pending scope and cost) –Minor Kiosk building renovations –Potential re-purposing of the Kiosk building Project Schedule 7 Projected Schedule reflects City Council award in January 2019 with anticipated completion in February 2020. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Design Bid / Award Construction 2019 2020 Questions? 8 Contract for Professional Services Page 1 of 11 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E16458 - Restoration of SEA District Water Features 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 LNV, Inc., 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408, (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 ...................................................9 EXHIBITS Contract for Professional Services Page 2 of 11 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 and A- 1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Contract for Professional Services Page 3 of 11 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 $364,100.00. 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 in compliance with the Texas Prompt Payment Act. 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. 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 Contract for Professional Services Page 4 of 11 Payment Requests have been previously issued and payments received from City shall, to the best of Consultant’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate “Final Bill – no additional compensation is due to Consultant.” 3.9 City may withhold compensation to such extent as may be necessary, in City’s opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant’s work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work 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 This service shall be for a period of ____ years beginning on the Effective Date. The Agreement may be renewed for up to _____ 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. 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 Contract for Professional Services Page 5 of 11 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 W ork 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 best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI – INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII – INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect 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. Contract for Professional Services Page 6 of 11 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. 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. Contract for Professional Services Page 7 of 11 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 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 Contract for Professional Services Page 8 of 11 (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 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 Contract for Professional Services Page 9 of 11 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 contract or 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. 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. Contract for Professional Services Page 10 of 11 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 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. 13.15 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. CITY OF CORPUS CHRISTI LNV, INC. Jeff H. Edmonds, P.E. Date Dan er Director of Engineering Services President APPROVED Assistant City Attorney Date ATTEST City Secretary Date 801 Navigation, Suite 300 Corpus Christi, Texas 78408 (361) 883-1984 Office danl@Invinc.com sjones@Invinc.com Date 111z' I19 Fund Name Accounting Unit Account No. Activity No. Amount Seawall System CIP 3271-707 550950 E16458 -01 -3271 -EXP $364,100 Total $364,100 Contract for Professional Services Page 11 of 11 EXHIBIT A Page 1 of 8 Revised November 26, 2013 EXHIBIT ‘A’ CITY OF CORPUS CHRISTI, TEXAS RESTORATION OF S.E.A. DISTRICT WATER FEATURES PROJECT NO. E16458 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. c) Provide required scope of services for City’s geotechnical and SUE consultants. d) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations, replacements, or upgrades. Coordinate with the City’s Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section and recommendations for a 30-year pavement section. g) Identify right-of-way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities that must be relocated to accommodate the proposed improvements. l) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.), community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 – 25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: EXHIBIT A Page 2 of 8 Revised November 26, 2013 1. Provide a concise presentation of pertinent factors, sketches, designs, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, conformance to master plans, identification of needed additional services, identification of needed permits and environmental considerations, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Provide results of analysis of government agencies having jurisdiction to approve design of the Project. 5. Provide ROW parcels for acquisition, if required. p) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Submit computer model file, results and calculations used to analyze drainage. r) Conduct project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. s) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City’s record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. c) The preliminary budget, specifying the funds available for construction. d) A copy of existing studies and plans (as available from City Engineering files). e) Field location of existing city utilities (A/E to coordinate with City Operating Department). f) Applicable Master Plans and GIS mapping are available on the City’s website. g) City Control survey bench marks and coordinates. h) Preliminary traffic impact assessment. The records provided for A/E’s use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities that must be relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). c) Prepare one (1) set of construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the existing Water Gardens Fountain, and EXHIBIT A Page 3 of 8 Revised November 26, 2013 Bayfront Park Fountain and Wind Turbines storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11”x 17”. 1. Prepare detailed Traffic Control Plans to include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as, standard sheets for barricades, traffic control plan, work zone pavement markings and signage (to be included under additional services). 2. Provide Storm Water Pollution Prevention Plan, including construction drawings (to be included under additional services). e) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a Plan Executive Summary, project checklist & drawing checklist which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the pre-final plans and bid documents (100% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. h) Hold Project 100% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate and, upon Notice to Proceed. i) Assimilate all final review comments and upon approval by the Executive Director of Public Works, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. j) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant’s duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards. EXHIBIT A Page 4 of 8 Revised November 26, 2013 k) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the Project. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City’s standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City’s format, for the Engineering Services’ approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder’s bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E’s design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. f) Assist in the preparation of Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer’s recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The AE will, upon receipt of written requests from City staff, perform Construction Administration services on a Time and Materials basis within the limits of the budget established in Section III. Fees below. Construction Administration services are anticipated to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. EXHIBIT A Page 5 of 8 Revised November 26, 2013 b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) 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. e) Make regular visits to the site of the Project, as requested by City Staff, 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. f) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. g) Attend final inspection with City staff, provide punch list items to the City’s Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor-provided construction “red-line” drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CAD drawn using DWG format in AutoCAD, and graphics data will be in DXF format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction phase. b) Prepare applications/estimates for payments to contractor. c) Prepare change orders. d) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Executive Director of Public Works. A/E may not begin work on any services under this section without specific written authorization by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The A/E shall, with written authorization by the Executive Director of Public Works, perform the following: 1. Topographic Survey: All work must be tied to and conform with the City’s Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of professional Surveyors’ “Manual of Practice for Land Surveying in the State of Texas, Ninth Edition”. Topographic survey will include the following: a. Reference to a minimum of two (2) found boundary monuments from the Project area. EXHIBIT A Page 6 of 8 Revised November 26, 2013 b. Establish horizontal and vertical control. c. Horizontal control will be based upon NAD 83 State plan coordinates (South Zone), and the data will have no adjustment factor applied (i.e. the coordinate data will remain in grid). d. Vertical control will be based upon NAVD 88. e. Set project control points for horizontal and vertical control outside the limits of project construction disturbance. f. All control work will be established using conventional (non-GPS) methods. g. Locate surface improvements with the Project Limits including trees. h. Survey natural ground elevations to establish existing contours throughout the Project Limits. i. Determine flowlines and incoming pipe sizes and materials for storm water, water and wastewater infrastructure, as necessary. j. Locate soil/pavement core holes as drilled by the City’s Geotechnical Consultant. k. Survey SUE locations established by Others. l. Generate electronic planimetric base map for use in Project design. 2. Windstorm (Inspection & Certification): AE will design new Water Gardens’ pump house in accordance with TDI requirements for windstorm; prepare and submit to TDI required windstorm documentation; and, perform inspections of construction activities in the field required to certify compliance with design plans. 3. Prepare Architectural Renderings: AE will prepare architectural renderings of the Water Garden Fountain Improvements and the Bayfront Park Fountain and Wind Turbine Improvements to be used as exhibits at a presentation to the Type ‘A’ Board. 4. Presentation to the Type ‘A’ Board: AE will make one (1) presentation to the Type ‘A’ Board that explains the proposed improvements to be made at the Water Gardens and Bayfront Park. 5. Asbestos Survey (Water Gardens): AE will perform an asbestos survey of the existing underground vault pump/mechanical room at the Water Gardens Fountain, including the preparation of a report of findings. 6. Preliminary Designs for Potential Uses of Kiosk Bldg. (Bayfront Park) (Allowance): This Additional Service Line Item provides for an allowance to be used for preliminary designs of potential uses of the kiosk building at the Bayfront Park. DESIGN, BID and CONSTRUCTION phase services will be accomplished under an Amendment to this Contract, if desired. 7. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. EXHIBIT A Page 7 of 8 Revised November 26, 2013 Provide the services above authorized in addition to those items shown on Exhibit “A-1” Task List, which provides supplemental description to Exhibit “A”. Note: The Exhibit “A-1” Task List does not supersede Exhibit “A”. II. SCHEDULE (*) Date Activity Upon receipt of approval of this Contract and Limited Notice to Proceed from the City Engineer (prior to Contract Execution) Commence Preliminary Phase Efforts 6 Weeks after Commencement of Preliminary Phase Efforts, or Receipt of Signed Contract, whichever is later Deliver DRAFT Engineering Letter Report (ELR) 2 Weeks City Review 3 Weeks after Receipt of City Comments Deliver FINAL ELR Upon approval of FINAL ELR and receipt of NTP for Design Begin Design Phase Services 6 Weeks after Receipt of Design NTP Deliver 60% Submittal Package 2 Weeks City Review 3 Weeks after Receipt of 60% Comments Deliver 100% Submittal Package 2 Weeks City Review 2 Weeks after Receipt of 100% Comments Deliver Sealed Bid Documents 2 Weeks after Sealed Submittal Advertise for Bids 2 Weeks after Advertise to Bid Pre-Bid Conference 3 Weeks after Advertise to Bid Receive Bids Two (2) Months after Receive Bid Contract Award Four (4) Weeks after Project Award Begin Construction Approximately 6 Months Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all “Basic Services” authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E’s estimate (and with City’s concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E’s monthly statements. B. Fee for Additional Services. For services authorized by the Executive Director of Public Works under Section I.B. “Additional Services,” the City will pay the A/E a not-to-exceed fee as per the table below: EXHIBIT A Page 8 of 8 Revised November 26, 2013 Summary of Fees Basic Services Fee 1. Preliminary Phase $ 97,300 2. Design Phase $ 150,600 2. Bid Phase $ 15,000 3. Construction Administration Phase (T&M) $ 40,000 Subtotal Basic Services Fees $ 302,900 Additional Services Fees (Allowance) 1. Topographic Survey * $ 8,610 2. Windstorm (Inspection & Certification) * $ 7,600 3. Prepare Architectural Renderings * $ 7,920 4. Presentation to Type ‘A’ Board * $ 5,210 5. Asbestos Survey (Water Gardens) * $ 2,990 6. Preliminary Designs for Potential Uses of Kiosk Bldg. (Bayfront Park) (Allowance) $ 22,570 7. Warranty Phase $ 6,300 Sub-Total Additional Services Fees Authorized $ 61,200 Total Authorized Fee $ 364,100 *Additional Services to be authorized upon receipt of the Notice to Proceed for Basic Services. RESTORATION OF S.E.A. DISTRICT WATER FEATURES EXHIBIT ‘A-1’ City of Corpus Christi Page 1 of 2 EXHIBIT ‘A-1’ (Provides supplemental description to Exhibit 'A'. Task List does not supersede Exhibit 'A'.) CITY OF CORPUS CHRISTI, TEXAS RESTORATION OF S.E.A. DISTRICT WATER FEATURES PROJECT NO. E16458 TASK LIST I. SCOPE OF SERVICES A. BASIC SERVICES 1. Preliminary Phase a. Perform Preliminary Phase Services as indicated in Exhibit ‘A’. Services struck through are not part of the scope of services of this Contract and will not be performed. 2. Design Phase a. Perform Design Phase Services as indicated in Exhibit ‘A’. Services struck through are not part of the scope of services of this Contract and will not be performed 3. Bid Phase a. Perform Bid Phase Services as indicated in Exhibit ‘A’. Services struck through are not part of the scope of services of this Contract and will not be performed. 4. Construction Phase a. Construction Phase Services shall be performed on a Time and Material Basis upon receipt of a written requests from City Staff. Services may include those indicated in Exhibit ‘A’, but may also include additional services as requested by City Staff. Engineering services will not be performed in excess of the budget established in Exhibit ‘A’ without approval and execution of a Contract Amendment increasing the Construction Phase budget. LNV will keep the City apprised of the status of available funds for Construction Phase Services. B. ADDITIONAL SERVICES 1. Topographic Survey * a. Perform Services as indicated in Exhibit ‘A’. 2. Windstorm (Inspection & Certification) * a. Perform Services as indicated in Exhibit ‘A’. 3. Prepare Architectural Renderings * a. Perform Services as indicated in Exhibit ‘A’. 4. Presentation to the Type ‘A’ Board * a. Perform Services as indicated in Exhibit ‘A’. RESTORATION OF S.E.A. DISTRICT WATER FEATURES EXHIBIT ‘A-1’ City of Corpus Christi Page 2 of 2 5. Asbestos Survey (Water Gardens) * a. Perform Services as indicated in Exhibit ‘A’. 6. Preliminary Designs for Potential Uses of the Kiosk Bldg. (Bayfront Park) (Allowance) a. If authorized by the City, perform Services as indicated in Exhibit ‘A’. 7. Warranty Phase a. If authorized by the City, perform Services as indicated in Exhibit ‘A’. (* Additional Service to be authorized with execution of the Contract.) C. CONTRACT EXCLUSIONS AND CONDITIONS 1. Permitting with TDLR is not required of this project and is not included in the scope of services of this Contract. 2. Preparation and processing of a Building Permit Application through the City’s Development Services Department is not included in the scope of services of this Contract. 3. Preparation for and attendance of public or stakeholder meetings, other than the presentation to the Type ‘A’ Board, are not included in the scope of services of this Contract. 4. Engineering/architectural services not listed in this Contract are excluded from the scope of work of this Contract. 5. Excluded services can be provided, if desired, for additional fees. 6. The Contract scope of services includes the preparation of one (1) set of bid documents (i.e. construction plans, specifications and contract documents) for the installation of all Project improvements and one (1) bid process. 7. The Water Gardens’ new pump house will be designed with all new equipment. No existing equipment will be re-used in the new pump house. 8. The existing mechanical/pump room for the Bayfront Park Water Fountain will continue to be used, as is. 9. Certain design components of this Contract, such as, but not limited to, the control systems for both fountains, will be completed by a Performance Specification, in lieu of detailed engineering drawings. Exhibit B-1 Confidential Rate Sheet 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 ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other – specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other – specify: Add additional subconsultants as needed. 1 Rev 04/17 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, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 2 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 3 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. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 – Definitions and Terminology ....................................................................................................... 2 Article 2 – Preliminary Matters ..................................................................................................................... 8 Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8 Article 4 – Commencement and Progress of the Work ................................................................................ 9 Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9 Article 6 – Bonds and Insurance ................................................................................................................. 10 Article 7 – Contractor’s Responsibilities ..................................................................................................... 10 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 Article 13 – 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 Article 25 – Shop Drawings ......................................................................................................................... 17 Article 26 – Record Data ............................................................................................................................. 20 Article 27 – Construction Progress Schedule .............................................................................................. 21 Article 28 – Video and Photographic documentation ................................................................................ 21 Article 29 – Execution and Closeout ........................................................................................................... 21 Article 30 – 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.B 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 ilhSUPPLIER NUMBER TO BE ASSIGNED BY CffY PURCHASING DIVISION City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST 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: LNV, Inc. P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 CITY: Corpus Christi FIRM IS: 1. Corporation 4. Association e 2. Partnership 5. Other e ZIP: 78408 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "E" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan S. Leyendecker (Type or Print) Signature of Certifying Person: Title: President Date: October 29, 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. EXHIBIT "E" Page 2 of 2 AGENDA MEMORANDUM for the City Council Meeting of January 22,2019 DATE:January 14, 2019 TO:Keith Selman, Interim City Manager FROM:Dan Grimsbo, Executive Director of Water Utilities DanG@cctexas.com 361-826-1689 Seawater Desalination Siting and Permitting Project -Update STAFF PRESENTER(S): Name Title/Position Department 1. Mark Van Vleck Assistant City Manager 2. Dan Grimsbo Executive Director of Water Utilities Water Utilities 3. Steve Ramos Water Resource Manager Water Utilities OUTSIDE PRESENTER(S): Freese and Nichols Inc.staff BACKGROUND: This presentation will review the ongoing work regarding the Seawater Desalination Siting and Permitting Project. LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation City of Corpus Christi Seawater Desalination Project Siting and Permitting Council Presentation January 22, 2019 Seawater Desalination Process Introduction Examples Around the World Seawater Desalination Update Objectives •Provided update to City Council in Sept. 2018 with plan to do so quarterly •Second update today •Provide some history •Report on activities •Provide roadmap for future activities Seawater Desalination – Siting & Permitting Project Overview •Goals –Lowering Risks, Reducing Unknowns; –Provide Drought Resistant Water Supply •Major Tasks –Facility Siting –Permit Applications –Expand Communications/Outreach Seawater Desalination – History Began as result of drought conditions (2011-13) Group formed with Port Industries and others (2014) FNI selected as Owner’s Representative (2015) Feasibility confirmed through development of Project Definition, Profiles, Cost Model (2015-2017) Application for Texas Water Development Board Funds with City execution of contract (2017) Funding from large volume users – Non-curtailment agreement approved (Sept 11, 2018) Task Order signed for next phases with FNI – July 30, 2018 Seawater Desalination – Tasks and Schedule Seawater Desalination – Project Definitions Production Capacities in MGD Production Phase Product Flow Average/Maximum Inner Harbor Plant Initial Capacity 10/12 Expandable Capacity 20/24 Ultimate Capacity 30/36 North Bay Plant Initial Capacity 20/24 Expandable Capacity 30/36 Ultimate Capacity 40/48 Seawater Desalination - Site Selection Process Screening Parameters •Tract •Water Quality •Intake •Discharge •Product Water Delivery •Power •Social & Environmental Seawater Desalination – Screening Steps Qualitative Screening 19 Potential Sites Detailed Evaluation Up to 5 Candidate Sites Permitting Phase 2 Preferred Sites Record Data for Qualitative Screening •Water Distribution System •Power Transmission Lines •Existing TCEQ Permitted Discharges •Water Quality Data from TCEQ Monitoring Stations •Environmental Stakeholder Discussions (Proactive Approach)•Harte Research Institute (TAMU-CC)•UT Marine Science Institute (UTMSI)•Coastal Bend Bays & Estuaries Program•Coastal Bend Bays Foundation •Permitting Agencies and Texas Water Development Board •AEP and SPMWD/City Water Distribution Staff •Land Owners •San Patricio Officials Seawater Desalination – Outreach / Key Meetings To Date •Documentation of Candidate Site Selection •Landowner Agreements •Detailed Evaluation of Candidate Sites •Permitting & Environmental Entities Coordination •Texas Commission on Environmental Quality •US Army Corps of Engineers •General Land Office •Harte Research Institute & UTMSI•Raw Water Sampling•Initial Concentrate Dispersion Modeling•Site Visits, Habitat Assessments, Environmental Surveys •Selection of 2 Preferred Sites •Permit Applications Seawater Desalination – Next Steps •On Schedule •Good Progress •Plan Regular Briefings and More Robust Public Communications Seawater Desalination – Summary Questions? DATE:January 8, 2019 TO:Keith Selman, Interim City Manager FROM:Iain Vasey, President/CEO ivasey@ccredc.com (361) 882-7448 OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Iain Vasey President/CEO CCREDC BACKGROUND : The CCREDC provides quarterly updates to The Council. In accordance with this practice, the CCREDC will update the Council on its activities and the status of the local economy. LIST OF SUPPORTING DOCUMENTS: PowerPoint – CCREDC Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (Q4 2018) AGENDA MEMORANDUM City Council Meeting of January 22, 2019 January 22, 2019 Economic Update Iain Vasey Source: www.Tracer2.com Employment by Sector for selected Month/Corpus Christi MSA November 2018 Nov 2018 Oct 2018 Nov 2017 Nov 2016 Nov 2015 Nov 2014 Total Nonagricultural 196,300 194,800 192,100 191,600 196,800 197,800 Mining, Logging, & Construction 28,200 28,000 26,500 22,200 24,400 27,200 Manufacturing 8,400 8,100 8,200 8,700 9,300 10,000 Trade, Transportation, and Utilities 34,100 33,300 33,800 34,400 36,500 36,300 Information 1,700 1,700 1,700 1,800 2,000 2,100 Financial Activities 7,900 8,000 7,700 7,600 8,600 8,600 Professional and Business Services 18,500 18,100 17,700 16,600 16,900 16,300 Education and Health Services 31,600 31,600 31,100 31,900 30,700 30,200 Leisure and Hospitality 24,400 24,700 23,900 25,600 26,200 25,100 Other Services 6,500 6,500 6,500 7,200 8,100 8,200 Government 35,000 34,800 35,000 35,600 34,100 33,800 Key Economic Indicators Oil Prices (WTI):Natural Gas Spot Prices: Jan 2018 $61.63/bbl.Dec 2017 $3.69 mm btu Jan 2019 $46.67/bbl. Dec 2018 $3.10 mm btu (WTC www.eia.com)(Henry Hub www.eia.gov) Business Development Dashboard Project Wins: •EPIC, 10 jobs, $72,440 avg wages, $200 million CapEx •Permico, 62 jobs, $66,500 avg wage, $702 million CapEx •Permico II, 10 jobs, $66,500 avg wage, $162 million CapEx Items: •Process Technology expansion $2.4 million •Contract Resource Center at Del Mar College $133,000 •LaVista Pointe Type B $625,000 for infrastructure Project Pipeline: Upcoming recruitment missions: 1 8 Class B Projects (in competitive negotiations) – 2,745 jobs 7 Class C Projects (early in process/low probability) – 760 jobs 15 Total projects representing a potential of $20.8B CapEx Business Retention •In 2018, staff has completed 79 business retention and expansion visits. •Project Two Step – preliminary discussion on potential expansion of manufacturing facility •Working with City of Corpus Christi on Opportunity Zones presentation to City Council - January 2019 •Small Business Collaborative – CCREDC, Innovation Center and SBDC Business Retention Durable Goods Producer, 2% Consumer Goods Producer, 1% Energy & Energy Utilities, 30% Finance, Insurance, & Real Estate (F.I.R.E.), 6%Health Care & Pharmaceuticals, 1% Industrial Goods, 7%Retail Related Operations, 3%Transportation, 1% High End Business Service, 10% Consumer Services, 3% Building & Construction Advanced Manufacturin g, 3% Other, 21% CCREDC Retention Visits Business Retention Increasing 34% Stable 61% Decreasing 5% Total Company Sales Business Retention Business Climate Positive 34% Community Leadership 6%Building Availbility/cost 4% Customer, Supplier Accessibility 34% Location 16% Quality of Life 6% Community Strengths Business Retention Labor - Skilled Worker Supply Inadequate 41% Government Services 19% Location 3% Other 33% Affordable Housing 2% Building Availability or Cost 2% Weaknesses Questions DATE:January 22, 2019 TO:Keith Selman, Interim City Manager FROM:Saundra K. Thaxton, Assistant Director saundra@cctexas.com 361-826-3682 STAFF PRESENTER(S): Name Title/Position Department 1. Saundra Thaxton Assistant Director Management & Budget OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Dr. Dan Jorgensen Chair, Department of Social Sciences Texas A&M–Corpus Christi Professor of Public Administration BACKGROUND: The City engaged Dr. Dan Jorgensen with Texas A&M Corpus Christi to conduct a community wide survey similar to previous Community Surveys performed by the Social Sciences Research Center. The survey objectives were to: 1. Determine general perceptions of residents across broad areas; 2. Determine overall satisfaction with various aspects of city services by major category; 3. Determine if overall satisfaction with city services varies geographically throughout the city; 4. Benchmark satisfaction with other larger communities across the nation (if possible). The survey was conducted during late spring and early summer 2018. Surveys conducted in 2011 and 2013 enabled comparative trend analysis in this report. Surveys were also conducted during the following years: 2002, 2003, 2005, and 2006. LIST OF SUPPORTING DOCUMENTS: PowerPoint: 2018 Corpus Christi Community Survey Report: 2018 Corpus Christi Community Survey Presentation on the 2018 Community Survey Results AGENDA MEMORANDUM City Council Meeting of January 22, 2019 2018 CORPUS CHRISTI COMMUNITY SURVEY 2018 CORPUS CHRISTI COMMUNITY SURVEY ▪Things to keep in mind as we review the data: ▪There are two reporting groups for the data ▪QR Code Data (Probability Sample) ▪Probability sample from a mailing of 10,000 postcards (155 returned to sender) to a random sample of street addresses within the City of Corpus Christi. The postcards invited recipients to complete the web-based survey instrument using a QR code or web link unique to the postcard recipients. This method of recruitment had 328 respondents (3.33% response rate), of which 275 (84%) were able to be used in this report. ▪There is a 95% probability that the actual value in the population is within +/-6 points of the data reported. ▪Final Data Pool (Non-probability sample of convenience) ▪In this data pool a majority of the respondents utilized a web link that posted on the City of Corpus Christi web page and other web pages to direct them to the survey. This method of recruitment had 1357 respondents, of which 734 (54%) were able to be used in this report. Responses from both distribution channels were aggregated and are reported as the “Final Data Pool.” ▪While the collective opinions gained from respondents in the Final Data Pool may have value in pointing out areas of favorability or concern, those opinions are not necessarily representative of the entire resident population. 2 HIGHEST IN FAVORABILITY HAD LITTLE TO NO CHANGE ▪Three broad service areas continued to enjoy some of the highest levels of favorability with no statistically significant change in their favorability scores: 1.Public Safety and Security, mean favorability score of 2.94. a.Favorability scores for both the QR Code Data and the Final Data Pool matched the national benchmark high favorability score for: 1.Ambulance response time in your neighborhood. 2.City Utility Services, mean favorability score of 2.86. 3.Parks and Libraries mean favorability score of 2.70. 3 PUBLIC SAFETY AND SECURITY 4 CITY UTILITY SERVICES 5 PARKS AND LIBRARIES 6 STRIDES MADE ▪Strides have been made in four of the eight broad service areas as a majority of the questions within each service area having favorability scores which exceeded favorability scores from previous surveys by the combined margin or error: 1.Community Identity and Leadership. a.The favorability score was significantly higher than the national benchmark high favorability score for: 1.How CC (the city) plans for and handles growth. 2.Citizen Involvement, Customer Service and Business Practices. a. Favorability scores from both the QR Code Data and the Final Data Pool exceeded the national benchmark high favorability score for: 1.The City of Corpus Christi welcomes citizen involvement. 3. Neighborhood Services and Appearance. 4. Condition of City Streets. 7 COMMUNITY IDENTITY AND LEADERSHIP 8 CITIZEN INVOLVEMENT, CUSTOMER SERVICE AND BUSINESS PRACTICES 9 NEIGHBORHOOD SERVICES AND APPEARANCE 10 CONDITION OF CITY STREETS 11 CONDITION OF CITY STREETS ▪Although the favorability scores are higher for the 2018 Community Survey, when compared to other broad service areas in the 2018 data, the condition of city streets has the mean aggregate score of 2.05. ▪The intensity of this low favorability level was demonstrated with the Final Data Pool having extremely low favorability scores for all three questions in this area and matching the national benchmark low favorability score for: 1.The condition of neighborhood streets. 12 SOCIAL MEDIA AND INFORMATION 13 COMMUNICATION CHANNELS ▪With 68% of respondents stating they use Facebook once a week or more to get information about the City of Corpus Christi, it is by far (2.5 times) the most common social network used to get information about the city. 14 SOCIAL MEDIA AND INFORMATION 15 MEAN COMMUNITY SERVICE FAVORABILITY SCORE BY RANK ORDER 16 In rank order from highest to lowest city wide scores for the eight broad service areas are: 1.Public Safety & Security 2.94 2.City Utility Services 2.86 3.Parks and Libraries 2.70 4.Neighborhood Services & Appearance 2.62 5.Social Media & Information 2.60 6.Citizen Involvement, Customer Service & Business Practices 2.57 7.Community Identity & Leadership 2.47 8.Condition of City Streets 2.05 MEAN COMMUNITY SERVICE FAVORABILITY SCORES COMPOSITE MEAN FAVORABILITY SCORES BY ZIP CODE AND 17 Composite mean data suggests that those respondents at furthest from the city center tend to have lower levels of overall favorability than those closer to the city center. OTHER INFORMATION TO KEEP IN MIND Favorability scores on the 2018 Corpus Christi Community Survey exceeded the national benchmark high favorability scores by the combined margin of error for: ▪How the CC (the city) plans for and handles growth. ▪The City of Corpus Christi (the city) welcomes citizen involvement. ▪Code enforcement of high weeds in your neighborhood. ▪City efforts on litter prevention and clean up in your neighborhood. Although not representative of the community as a whole, the exceptionally low favorability scores in the Final Data Pool suggest that there is segment of the Corpus Christi community that have intensely negative perceptions and opinions towards a majority of community services they receive. Community surveys to track changing community demographics; evaluate quality of life within a community and the quality of community services are best when done using a periodic schedule and a rigorous sampling methodology. It is highly recommended that the City adopt a periodic timetable and use rigorous probability sampling methods to assure the data gathered from those surveys is suitable for programing and budget decision-making. 18 ▪Questions? ▪Comments? ▪Concerns? 19 Social Science Research Center Texas A&M University—Corpus Christi Dr. Dan Jorgensen 001 1 | Page AUTHORIZATION On April 13th, 2018 the Social Science Research Center, Texas A & M University – Corpus Christi (“TAMUCC”) and the City of Corpus Christi (“City”) entered into Service Agreement No. 1630 to conduct a Community Survey for the City of Corpus Christi for 2018. Pursuant to a memorandum between Ms. Margie Rose, City Manager, City of Corpus Christi and Mr. Terry Tatum, Executive Vice-President for Finance and Administration Texas A&M University -- Corpus Christi, Dr. Daniel Jorgensen, submits the following deliverable in fulfillment of a formal report summarizing the survey construction, implementation, and the PowerPoint presentation of the data as called for in the said agreement. REPORT OUTLINE: 1. Summary of Survey Results 2. Scope, Methods and Demographics 3. Findings by Service Categories a. Community Identity and Leadership b. Citizen Involvement, Customer Service and Business Practices c. Neighborhood Services and Appearance d. Condition of Streets e. Parks and Libraries f. City Utility Services g. Public Safety and Security h. Media and Information Appendix A: Survey Instrument Appendix B: ETC Institute Peer and Aspirational Cities for Corpus Christi Appendix C: Preliminary Data PowerPoint Appendix D: Question Response Frequency Tabulations -- available by request in electronic form through Ms. Saundra Thaxton, City of Corpus Christi This report has been produced for the City of Corpus Christi by the Social Science Research Center at Texas A&M University – Corpus Christi. Funding was provided through a contract with the City of Corpus Christi, Texas. Copyright 2018 All or portions of this report may be duplicated in support of public education, grant writing or planning efforts. Citations made should include the sources: The Social Science Research Center Texas A&M University – Corpus Christi and the City of Corpus Christi, Texas. 002 2 | Page Summary of Survey Results The 2018 Corpus Christi Community Survey was open on the Qualtrics web-based survey platform from May 28, 2018 until June 19, 2018. This was the first time in five years that the City of Corpus Christi had underwritten a community survey. The survey instrument had 82 questions, 49 of those questions asked respondents to provide their opinions regarding community services in eight broad service categories. There were 47 community services questions in common with Corpus Christi Community Surveys conducted in 2013 and 2011 and 35 of those 47 community services questions were in common with national benchmark data obtained from the ETC Institute. The survey had 1685 respondents who completed at least a portion of the survey instrument. Respondents who either did not identify themselves as a resident of the City of Corpus Christi (203) or responded to fewer than 66% of the questions (473) in the survey instrument, however, were excluded from this analysis. Two distribution channels were used to recruit respondents to the 2018 Corpus Christi Community Survey. One channel mailed 10,000 postcards (155 returned to sender) to a random sample of street addresses within the City of Corpus Christi. The postcards invited recipients to complete the web-based survey instrument using a QR code or web link unique to the postcard recipients. This method of recruitment had 328 respondents (3.33% response rate), of which 275 (84%) were able to be used in this report. Data from only this channel is reported as “QR Code Data” throughout this report. It is estimated that there is a 95% probability that the responses in the QR Code Data are within +/6 points of the opinions seen in the population of the City of Corpus Christi. A second distribution channel was established, per the client’s request, which allowed for a convenience sample that utilized a web link that could be posted on the City of Corpus Christi web page and other web pages. This distribution channel allowed all those interested to access the same web-based survey instrument via a different link than those who received the postcard QR code and web link. This method of recruitment had 1357 respondents, of which 734 (54%) were able to be used in this report. Responses from both distribution channels were aggregated and are reported as the “Final Data Pool.” While the collective opinions gained from respondents in the Final Data Pool may have value in pointing out areas of favorability or concern, those opinions are not necessarily representative of the entire resident population. Research has shown that when allowing for a sample of convenience (the second distribution method) in community surveys creates a self-selection bias which typically reflects only the opinion of those either very pleased or very displeased regarding a particular topic. The main findings from the 2018 Corpus Christi Community Survey are: 1. Three broad service areas continue to enjoy some of the highest levels of favorability with no statistical change in their favorability scores: a. Public Safety and Security. i. With favorability scores from both the QR Code Data and the Final Data Pool matching the national benchmark high favorability score for: 1. Ambulance response time in your neighborhood. b. City Utility Services. c. Parks and Libraries. 003 3 | Page 2. A majority of questions in four of the eight broad service areas covered had statistically significant increases in favorability scores: a. Community Identity and Leadership. i. The favorability score was significantly higher than the national benchmark high favorability score for: 1. How CC (the city) plans for and handles growth. b. Citizen Involvement, Customer Service and Business Practices. i. Favorability scores from both the QR Code Data and the Final Data Pool exceeded the national benchmark high favorability score for: 1. The City of Corpus Christi welcomes citizen involvement. c. Neighborhood Services and Appearance. d. Condition of City Streets. 3. The Condition of City Streets continues to have the lowest levels of favorability throughout the city, despite statistically significant increase the favorability scores for all three questions in the area. a. The intensity of this low favorability level is demonstrated with the Final Data Pool favorability score matching the national benchmark low favorability score for: i. The condition of neighborhood streets. 4. Favorability scores on the 2018 Corpus Christi Community Survey are statistically higher than the national benchmark high favorability scores for: a. How the CC (the city) plans for and handles growth. b. The City of Corpus Christi (the city) welcomes citizen involvement. c. Code enforcement of high weeds in your neighborhood. d. City efforts on litter prevention and clean up in your neighborhood. 5. Although not representative of the community as a whole, the exceptionally low favorability scores in the Final Data Pool suggest that there is segment of the Corpus Christi community that have intensely negative perceptions and opinions towards a majority of community services they receive. 6. Data regarding communication and information channels is also presented in the report. In that data, 68% of respondents stated they use Facebook once a week or more to get information about the City of Corpus Christ, it is by far (2.5 times) the most common social network used to get information about the city. 7. Finally, the report plots composite mean data from the 8 general service areas by zip code and finds that those respondents at the further edges of the city tend to have lower levels of overall favorability than those closer to the city center. 004 4 | Page SCOPE, METHODS and DEMOGRAPHICS PROJECT SCOPE The objectives of the survey will be the following: 1. Determine general perception of residents across broad areas; 2. Determine overall satisfaction with various aspects of city services by major category; 3. Determine if the overall satisfaction with City services varies geographically throughout the city; 4. Benchmark satisfaction with other larger communities across the nation when possible. The scope is to be achieved via several deliverables: a. The construction of a survey that meets the criteria and objectives of the research project stated above. b. Implement a blended sample respondent recruitment strategy using a convenience sample of internet users derived from online web-based links and a probability based sample of 10,000 random Corpus Christi residents using postcards with a QR code link to the survey instrument. c. Delivery of a preliminary data report in the form of a PowerPoint presentation. d. A formal report to the City Manager. e. Data analysis and consultation on data as necessary and as time will allow until the end of the contract period. METHODOLOGY The 2018 Corpus Christi Community Survey represents the first time in five years that the City of Corpus Christi has underwritten a community wide survey. The survey instrument had 82 questions, 49 of which were in 8 categories of service area questions along with questions regarding social media usage and demographics. (See Appendix A for Survey Instrument). There were 47 of the 49 community services questions in common with Corpus Christi Community Surveys conducted in 2013 and 2011 and 35 of those 47 questions were in common with national benchmark data obtained from the ETC Institute (See Appendix B for ETC National Benchmark Information). The rating scale in the survey instrument utilized five choices: “strongly disagree”, ““disagree”, “agree”, “strongly agree” and in the case of a non-affirmative response to the first four responses, “don’t know or not sure” could be recorded. By combining the percentage of respondents who selected to “agree” or “strongly agree” to each community services question, a favorability score was created that could be used to compare 2018 Corpus Christi Community Survey responses to the previous Corpus Christi Community Surveys and the data for 35 national benchmark data questions that was obtained from the ETC Institute. Additionally, to create a score that could be reported using a geographical framework, a mean aggregate score was developed. For the mean aggregate score, all survey responses to community services questions were assigned a numerical score of 1 for “strongly disagree” to 4 for “strongly agree. Responses of “don’t know or not sure” or left blank were coded as system missing. Data was then aggregated by broad service category and means were graphed by zip code. The 2018 Corpus Christi Community Survey was open from May 28, 2018 until June 19, 2018. Responses were recorded on the Qualtrics on-line survey program. Options were checked in the Qualtrics program that prevented individuals from taking the survey more than once by blocking any IP address attempting to access the survey instrument more than once and to report the data with no identifying information 005 5 | Page (anonymously) to the program director. The survey had 1685 respondents who completed at least a portion of the survey instrument. Respondents who either did not identify themselves as a resident of the City of Corpus Christi (203) or responded to fewer than 66% of the questions (473) in the survey instrument, however, were excluded from this analysis. Two distribution channels were used to recruit respondents to the 2018 Corpus Christi Community Survey. One channel mailed 10,000 postcards (155 returned to sender) to a random sample of street addresses within the City of Corpus Christi. The postcards invited recipients to complete the web-based survey instrument using a QR code or web link unique to the postcard recipients. This method of recruitment had 328 respondents (3.33% response rate), of which 275 (84%) were able to be used in this report. Data from only this channel is reported as “QR Code Data” throughout this report. It is estimated that there is a 95% probability that the responses in the QR Code Data are within +/6 points of the opinions seen in the population of the City of Corpus Christi. A second distribution channel was established, per the client’s request, which was a sample of convenience that utilized a web link that could be posted on the City of Corpus Christi web page and other web pages allowing all those interested to take the survey. While the survey instrument was the same as those in the QR Code Data, the link to arrive at the survey was different. This method of recruitment had 1357 respondents, of which 734 (54%) were able to be used in this report. Responses from both distribution channels were aggregated and are reported as the “Final Data Pool.” While the collective opinions gained from respondents in the Final Data Pool may have value in pointing out areas of favorability or concern, those opinions are not necessarily representative of the entire resident population. Research has shown that when allowing for a sample of convenience (the second distribution method) in community surveys creates a self-selection bias which typically reflects only the opinion of those either very pleased or very displeased regarding a particular topic. The anonymous data was then downloaded into the SPSS statistical analysis program as well as an Excel workbook. Access to the SPSS statistical program and Excel was and is controlled by the Social Science Research Center at Texas A&M University – Corpus Christi, Dr. Dan Jorgensen. Requests for specific frequency distributions and data runs can be made through Ms. Saundra Thaxton, City of Corpus Christi, Texas. Due to the large number of individuals who responded to the survey from some zip codes within the City of Corpus Christi, the data was weighted by zip code to establish a proximal similarly for both the Final Data Pool and the QR Code Data using 2010 U.S. Census data. Table 1, on the next page, reports the weights by zip code: 006 6 | Page Table 1. Respondent Zip Codes, Data Pools, and Weights. In Table 2, key demographics resulting from the weighting process are reported for the Final Data Pool and the QR Code Data along with the demographics reported in the 2017 American Communities Survey for the City of Corpus Christi. Table 2. Demographics of Weighted Data Due to the small number of QR Code responses, only the raw data from the Final Data Pool was utilized to report on community services from a geographical perspective. Similarly, only raw data from the Final Data Pool was used to report on social media usage of respondents. In the following report, data over the eight service area groupings are reported using the following six columns: 1. 2018 Community Survey question. 2. 2018 Community Survey Final Data Pool statistic. 3. 2018 Community Survey QR Code Data statistic. 4. 2013 Community Survey statistic. 2017 American Community Survey Data Trait Response Attribute Final Data Pool QR Code Data Resident Yes 100% 100%N/A Age Median Age 44 yrs 41 yrs 35 yrs Gender Female 63% 64%51% Education Bachelors Degree or higher 52% 44%21% Income Greater than $60,000 55% 29% Median household i ncome $52,154 Ethnicity Hispanic 34%62% 2018 CC Survey Respondents (weighted data) 007 7 | Page 5. 2011 Community Survey statistic. 6. National benchmark data Low, Average, and High statistics. Conclusions drawn from an increase or decrease in specific levels of satisfaction when using the 2018 Community Survey Final Data Pool favorability scores may be biased and are only representative of those individuals who responded to the survey. This data should be triangulated with the QR Code Data; Community Surveys conducted in 2013 and 2011; and national benchmark data from the ETC Institute. 008 8 | Page FINDINGS BY BROAD SERVICE AREA COMMUNITY IDENTITY AND LEADERSHIP Table 3 presents the favorability scores pertaining to community identity and leadership from the 2018 Community Survey, the 2013 Community Survey, the 2011 Community Survey and the national benchmark data. Table 3. Community Identity and Leadership In Table 3, favorability scores for six of the eight questions in the community identity and leadership area were significantly higher (greater than the combined margin of error of 10.5%) than favorability scores for both of the 2013 or 2011 Community Surveys. Those questions were: 1. Overall quality of services provided by the City. 2. Overall value you receive for your city tax dollars. Survey Question 2013 CC Survey % of Favorable Responses 2011 CC Survey % of Favorable Responses QR Code Data within the margin of error for one or both previous surveys Final Data Pool QR Code Data Low Average High QR Code Data exceeds the margin of error for both previous surveys 95% probability +/- 6.0% Overall quality of life in the City 60% 92% 79% 85% 37% 72% 94% Overall quality of services provided by the City 42% 85% 59% 72% 32% 67% 93% Overall value you receive for your city tax dollars 32% 76% 50% 54% 16% 47% 73% How CC plans for and handles growth 27% 75% 31% 45% 23% 40% 63% City efforts to attract new employers to the community 39% 80% 37% 44%* * * City efforts to help existing employers grow 40% 83% 41% 46%* * * City efforts to create a vibrant downtown and bay front 48% 80% 44% 56%* * * The overall condition of city facilities 42% 80% 54% 70% 41% 73% 92% * No comparable question Lowest value over previous surveys Highest value over previous surveys At or below national low At or above national high 2018 National Benchmark Average of Favorable responses (ETC Institute) for U.S. Cities with P opulation 100k - 500k 95% probability +/- 4.5%95% probability +/- 4.5% 2018 CC Survey % of Satisfied & Very Satisfied 009 9 | Page 3. How CC plans for and handles growth. 4. City efforts to attract new employers to the community. 5. City efforts to help existing employers grow. 6. City efforts to create a vibrant downtown and bay front. The favorability score for one question significantly exceeded the national high favorability score: 1. How CC plans for and handles growth. The mean aggregate scores by zip code for the eight questions in community identity and leadership range from 2.10 to 3.07. In Image 1, the darker blue the fill, the higher the mean score for the zip code. Image 1. Distribution of Mean Zip Code Scores for Community Identity and Leadership 010 10 | Page CITIZEN INVOLVEMENT, CUSTOMER SERVICE AND BUSINESS PRACTICES Table 4 presents the favorability scores pertaining to citizen involvement, customer service and business practices from the 2018 Community Survey, the 2013 Community Survey, the 2011 Community Survey and the national benchmark data. Table 4. Citizen Involvement, Customer Service and Business Practices Survey Question 2013 CC Survey % of F avorable Responses 2011 CC Survey % of Favorable ResponsesQR Code Data within the margin of error for one or both previous surveys Final Data Pool QR Code Data Low Average High QR Code Data exceeds the margin of error for both previous surveys 95% probability +/- 6.0% The City of Corpus Christi welcomes citizen 54% 85% 66% 69% 20% 36% 51% The City of Corpus Christi listens to citizens.31% 74% 48% 45%* * * The City of Corpus Christi keeps its citizens informed about matters that affect them. 44% 77% 60% 57% 31% 54% 79% The City of Corpus Christi resolves complaints & service problems in a timely manner. 37% 81% 55% 52%* * * Having the City of Corpus Christi Call Center is very helpful in conducting business with the City. 62% 84% 85% 89%* * * I am satisfied with the ability to do city business on-line, such as paying bills or filing service requests. 78% 91% 80% 69%* * * City employees are knowledgeable about their w ork. 59% 83% 84% 87% 32% 59% 77% City employees are professional in conducting their work. 64% 94% 86% 89% 37% 75% 91% City employees are prompt in getting their work completed. 45% 74% 84% 87% 31% 64% 79% City employees show a customer service orientation when working. 52% 80%* * * * * * No comparable question Lowest value over previous surveys Highest value over previous surveys At or below national low At or above national high 2018 CC Survey % of Satisfied & Very Satisfied 95% probability +/- 4.5% 2018 National Benchmark Average of Favorable responses (ETC Institute) for U.S. Cities with Population 100k - 500k 95% probability +/- 4.5% 011 11 | Page In Table 4, favorability scores for five of the nine questions previous asked in the 2013 and 2011 Corpus Christi Community Surveys in the citizen involvement, customer service and business practices area were significantly higher (greater than the combined margin of error of 10.5%) than favorability scores for the previous years. Those questions were: 1. The City of Corpus Christi welcomes citizen involvement. 2. The City of Corpus Christi listens to citizens. 3. The City of Corpus Christi keeps its citizens informed about matters that affect them. 4. The City of Corpus Christi resolves complaints & service problems in a timely manner. 5. I am satisfied with the ability to do city business on-line, such as paying bills or filing service requests. 6. City employees show a customer service orientation when working. Both the QR Code Data and the Final Data Pool favorability scores exceeded the national benchmark high favorability score for: 1. The City of Corpus Christi (the city) welcomes citizen involvement. The mean aggregate scores by zip code for the ten questions in citizen involvement, customer service and business practices range from 2.28 to 3.01. In Image 2, the darker blue the fill, the higher the mean score for the zip code. Image 2. Distribution of Mean Zip Code Scores for Citizen Involvement and Business Practices 012 12 | Page NEIGHBORHOOD SERVICES AND APPEARANCE Table 5 presents the favorability scores pertaining to neighborhood services and appearance from the 2018 Community Survey, the 2013 Community Survey, the 2011 Community Survey and the national benchmark data. Table 5. Neighborhood Services and Appearance Table 5 shows that 2018 Corpus Christi Community Survey favorability scores exceeded the combined margin of error for five of the eight favorability scores for the 2013 and 2011 Corpus Christi Community Surveys. Those questions were: 1. Effectiveness of animal control services in your neighborhood. 2. Cleanliness of city streets & public areas in your neighborhood. 3. Code enforcement of high weeds in your neighborhood. Survey Question 2013 CC Survey % of F avorable Responses 2011 CC Survey % of Favorable Responses QR Code Data within the margin of error for one or both previous surveys Final Data Pool QR Code Data Low Average High QR Code Data exceeds the margin of error for both previous surveys 95% probability +/- 6.0% Quality of residential garbage collection in your neighborhood 83% 91%87% 77% 69% 85%95% Quality of residential curbside recycling services i n your neighborhood 76% 85%85% 86% 55% 79% 94% Quality of brush & bulky collection services in your neighborhood 53% 71%77% 73% 50% 71% 87% Effectiveness of animal control services in your neighborhood 53% 83%57% 50% 33% 55% 78% Cleanliness of city streets & public areas in your neighborhood 46% 78%47% 47% 31% 59% 87% Code enforcement of high weeds in your neighborhood 49% 78%45% 47% 14% 42% 62% Code enforcement of dilapidated & vacant buildings in your 49% 76%41% 48% 14% 45% 66% City efforts on litter prevention and clean up in your neighborhood 45% 79%50% 50% 13% 43% 64% * No comparable question Lowest value over previous surveys Highest value over previous surveys At or below national low At or above national high 2018 National Benchmark Average of Favorable responses (ETC Institute) for U.S. Cities with Population 100k - 500k 95% probability +/- 4.5%95% probability +/- 4.5% 2018 CC Survey % of Satisfied & Very Satisfied 013 13 | Page 4. Code enforcement of dilapidated & vacant buildings in your neighborhood. 5. City efforts on litter prevention and clean up in your neighborhood. The QR Code Data favorability scores exceeded the national benchmark high favorability scores by the combine margin of error for two questions in the area of neighborhood services and appearance: 1. Code enforcement of high weeds in your neighborhood. 2. City efforts on litter prevention and clean up in your neighborhood. The mean aggregate scores by zip code for the eight questions in neighborhood services and appearance range from 2.34 to 2.96. In Image 3, the darker blue the fill, the higher the mean score for the zip code. Image 3. Distribution of Mean Zip Code Scores for Neighborhood Services and Appearance 014 14 | Page CONDITION OF CITY STREETS Table 6 presents the favorability scores pertaining to the condition of city streets from the 2018 Community Survey, the 2013 Community Survey, the 2011 Community Survey and the national benchmark data. Table 6. Condition of City Streets Table 6 shows that 2018 Corpus Christi Community favorability scores for all three questions exceeded the combined margin of error for all three favorability scores for the 2013 and 2011 Corpus Christi Community Surveys. Those questions were: 1. Condition of neighborhood streets 2. Condition of major city streets 3. Overall road conditions within the City Although the favorability scores are higher for the 2018 Community Survey, when compared to other broad service areas in the 2018 data, the condition of city streets has the mean aggregate score of 2.05. The intensity of this low favorability level was demonstrated with the Final Data Pool having extremely low favorability scores for all three questions in this area and matching the national benchmark low favorability score for: 1. The condition of neighborhood streets. When observed by zip code, the mean aggregate scores for the three questions range from 1.67 to 2.63. In Image 4, on the next page, the darker blue the fill, the higher the mean score for the zip code. Survey Question 2013 CC Survey % of Favorable Responses 2011 CC Survey % of Favorable Responses QR Code Data within the margin of error for one or both previous surveys Final Data Pool QR Code Data Low Average High QR Code Data exceeds the margin of error for both previous surveys 95% probability +/- 6.0% Condition of neighborhood streets 30% 69% 40% 42% 30% 51%75% Condition of major city streets 29% 71% 48% 52% 24% 50% 83% Overall road conditions within the City 24% 68% 27% 33%* ** * No comparable question Lowest value over previous surveys Highest value over previous surveys At or below national low At or above national high 2018 National Benchmark Average of Favorable responses (ETC Institute) for U.S. Cities with Population 100k - 500k 95% probability +/- 4.5% 2018 CC Survey % of Satisfied & Very Satisfied 95% probability +/- 4.5% 015 15 | Page Image 4. Distribution of Mean Zip Code Scores for Condition of City Streets 016 16 | Page PARKS AND LIBRARIES Table 7 presents the favorability score pertaining to parks and libraries from the 2018 Community Survey, the 2013 Community Survey, the 2011 Community Survey and the national benchmark data. Table 7. Parks and Libraries With the third highest mean favorability score of 2.70, the area of parks and libraries continued to enjoy a relatively high level of favorability when compared to other broad service areas in the 2018 Corpus Christi Community Survey Data. Table 7 shows that 2018 Corpus Christi Community Survey favorability scores for one of the four questions exceeded the combined margin of error for favorability scores for the 2013 and 2011 Corpus Christi Community Surveys. That question was: 1. Overall appearance of city parks. The mean aggregate scores by zip code for the four questions in the parks and libraries area range from 2.45 to 3.63. In Image 5, on the next page, the darker blue the fill, the higher the mean score for the zip code. Survey Question 2013 CC Survey % of Favorable Responses 2011 CC Survey % of Favorable Responses QR Code Data within the margin of error for one or both previous surveys Final Data Pool QR Code Data Low Average High QR Code Data exceeds the margin of error for both previous surveys 95% probability +/- 6.0% Number and location of city parks 66% 83% 83% 81% 39% 71%86% Overall appearance of city parks 54% 87% 61% 73% 49% 73% 93% Overall quality of parks & recreation services 54% 84% 70% 79% 45% 73%92% Overall quality of city libraries 81% 85% 89% 92% 70% 80%93% * No comparable question Lowest value over previous surveys Highest value over previous surveys At or below national low At or above national high 95% probability +/- 4.5% 2018 National Benchmark Average of Favorable responses (ETC Institute) for U.S. Cities with Population 100k - 500k 95% probability +/- 4.5% 2018 CC Survey % of Satisfied & Very Satisfied 017 17 | Page Image 5. Distribution of Mean Zip Code Scores for Parks and Libraries 018 18 | Page CITY UTILITY SERVICES Table 8 presents the favorability scores pertaining to city utility services from the 2018 Community Survey, the 2013 Community Survey, the 2011 Community Survey and the national benchmark data. Table 8. City Utility Services With the second highest mean favorability score of 2.86, the area of city utility services continued to enjoy a relatively high level of favorability when compared to other broad service areas in the 2018 Corpus Christi Community Survey Data. Table 8 shows that no 2018 Corpus Christi Community Survey favorability scores exceeded previous Corpus Christi Community Surveys of 2013 and 211 by the combined margin of error. The mean aggregate scores by zip code for the five questions in the city utility services range from 2.68 to 3.08. In Image 6, the darker blue the fill, the higher the mean score for the zip code. Survey Question 2013 CC Survey % of F avorable Responses 2011 CC Survey % of Favorable Responses QR Code Data within the margin of error for one or both previous surveys Final Data Pool QR Code Data Low Average High QR Code Data exceeds the margin of error for both previous surveys 95% probability +/- 6.0% The speed of responding to requests for utility service 73% 86% 85% 79%* ** Ease of making utility payments 82% 84% 88% 85%* * * Overall quality of waste water services (sanitary sewer) to your home 75% 85% 77% 86% 45% 68%84% Overall quality of gas service to your home 91% 87% 83% 91%* ** Overall quality of water service to your home 66% 85% 82% 81% 55% 77%95% * No comparable question Lowest value over previous surveys Highest value over previous surveys At or below national low At or above national high 2018 National Benchmark Average of Favorable responses (ETC Institute) for U.S. Cities with Population 100k - 500k 95% probability +/- 4.5%95% probability +/- 4.5% 2018 CC Survey % of Satisfied & Very Satisfied 019 19 | Page Image 6. Distribution of Mean Zip Code Scores for City Utility Services 020 20 | Page PUBLIC SAFETY & SECURITY Table 9 presents the favorability scores pertaining to public safety from the 2018 Community Survey, the 2013 Community Survey, the 2011 Community Survey and the national benchmark data. Table 9. Public Safety and Security With the highest mean favorability score of 2.94, the area of public safety and security continued to enjoy a high level of favorability when compared to other broad service areas in the 2018 Corpus Christi Community Survey Data. Table 8 shows that no 2018 Corpus Christi Community Survey favorability scores exceeded previous Corpus Christi Community Surveys of 2013 and 211 by the combined margin of error. Survey Question 2013 CC Survey % of Favorable Responses 2011 CC Survey % of Favorable Responses QR Code Data within the margin of error for one or both previous surveys Final Data Pool QR Code Data Low Average High QR Code Data exceeds the margin of error for both previous surveys 95% probability +/- 6.0% How safe I feel in my neighborhood in the daytime 80% 86%72.2% 79.0% 72% 87% 98% How safe I feel in my neighborhood in the evening/night 65% 84% 84% 79% 32% 66% 88% Fire protection response time in your neighborhood 89% 86% 95% 96% 73% 82%90% Ambulance response time in your neighborhood 87% 87% 93% 88% 67% 76%87% Police emergency response time in my neighborhood 72% 84% 80% 84% 20% 67%88% Quality of traffic law enforcement 58% 79% 73% 79% 28% 56%73% Quality of crime prevention efforts 53% 88%* * * ** Overall quality of fire protection services 88% 85% 95% 92% 79% 86%94% Overall quality of emergency medical assistance 88% 87% 93% 94% 61% 82%91% Overall quality of police services 70% 83% 80% 84% 39% 72%94% * No comparable question Lowest value over previous surveys Highest value over previous surveys At or below national low At or above national high 95% probability +/- 4.5% 2018 CC Survey % of Satisfied & Very Satisfied 2018 National Benchmark Average of Favorable responses (ETC Institute) for U.S. Cities with Population 100k - 500k 95% probability +/- 4.5% 021 21 | Page Both the QR Code Data and the Final Data Pool favorability scores exceeded the national benchmark high favorability score for one question: 1. Ambulance response time in your neighborhood. The mean aggregate scores for the ten questions in the public safety and security area range from 2.77 to 3.12. In Image 7, the darker blue the fill, the higher the mean score for the zip code. Image 7. Distribution of Mean Zip Code Scores for Public Safety and Security 022 22 | Page SOCIAL MEDIA & INFORMATION Chart 1 presents the data pertaining social media use as reported by Final Data Pool respondents to the 2018 Community Survey. When comparing the data on the media platforms polled, the regular use (daily/weekly) of Facebook is nearly 2.5 times greater than any other media type. Chart 1. Social Media Use Among Respondents Table 10 presents the favorability scores pertaining to social media and information from the 2018 Community Survey, the 2013 Community Survey. No data exists for the 2011 Community Survey nor the national benchmark data. Table 10. Social Media and Information Survey Question 2013 CC Survey % of Favorable Responses 2011 CC Survey % of Favorable Responses QR Code Data within the margin of error for one or both previous surveys Final Data Pool QR Code Data Low Average High QR Code Data exceeds the margin of error for both previous surveys 95% probability +/- 6.0% The quality of the information that you receive from the city. 53% 86% 76%* * * * * No comparable question Lowest value over previous surveys Highest value over previous surveys At or below national low At or above national high 95% probability +/- 4.5% 2018 CC Survey % of Satisfied & Very Satisfied 2018 National Benchmark Average of Favorable responses (ETC Institute) for U.S. Cities with Population 100k - 500k 95% probability +/- 4.5% 023 23 | Page Although close, Table 10 shows that the 2018 Community Survey score for the sole question in the table is not significantly greater than the 2013 Community Survey favorability score. The mean aggregate scores for social media and information range from 2.21 to 3.15. In Image 8, the darker blue the fill, the higher the mean score for the zip code. Image 8. Distribution of Mean Zip Code Scores for Media and Information 024 24 | Page MEAN COMMUNITY SERVICE FAVORABILITY SCORE DISTRIBUTION BY ZIP CODE The mean aggregated favorability scores for the broad service areas by zip code are presented in Table 11 below. Table 11. Distribution of Mean Service Area Scores by Zip Code. In rank order from highest to lowest city wide scores for the eight broad service areas are: 1. Public Safety & Security 2.94 2. City Utility Services 2.86 3. Parks and Libraries 2.70 4. Neighborhood Services & Appearance 2.62 5. Social Media & Information 2.60 6. Citizen Involvement, Customer Service & Business Practices 2.57 7. Community Identity & Leadership 2.47 8. Condition of City Streets 2.05 Image 9, on the following page, graphs the composite mean for all eight service areas in the 2018 Corpus Christi Community Survey by zip code. Zip code Community Identity & Leadership Citizen Involvement, Customer Service & Business Practices Neighborhood Services & Appearance Condition of City Streets Parks & Libraries City Utility Services Public Safety & Security Social Media & Information 78401 3.07 2.99 2.74 2.09 2.81 3.05 2.94 3.15 78402 3.04 2.97 2.73 2.17 3.00 3.02 3.09 3.05 78404 2.27 2.45 2.81 2.24 2.75 2.99 3.04 2.62 78405 2.63 2.75 2.96 2.63 2.94 2.96 2.96 2.41 78407 3.01 3.01 2.53 2.15 2.52 2.68 3.08 2.82 78408 3.02 2.69 2.80 2.21 2.69 3.08 3.12 2.54 78409 2.79 2.86 2.70 1.88 2.82 2.78 2.92 2.94 78410 2.10 2.40 2.34 1.67 2.45 2.79 2.77 2.50 78411 2.25 2.40 2.48 1.89 2.58 2.84 2.90 2.54 78412 2.29 2.49 2.57 2.00 2.63 2.84 2.89 2.51 78413 2.11 2.30 2.60 2.04 2.71 2.83 2.95 2.42 78414 2.11 2.28 2.46 1.83 2.61 2.83 2.88 2.42 78415 2.10 2.33 2.37 1.95 2.64 2.73 2.85 2.21 78416 2.11 2.34 2.67 2.06 2.75 2.70 2.83 2.50 78418 2.10 2.31 2.57 2.01 2.62 2.84 2.84 2.36 025 25 | Page Image 9. Composite Mean to All Services Questions by Zip Code 026 26 | Page CONCLUSIONS Although the data from the 2018 is not ideal for making critical managerial and personnel decisions due to the amount of time that has passed since the most previous survey and the potential bias resulting from a non-probability sample that lead to self-section, there are some conclusions that can be drawn from using this feedback mechanism: A. Three broad service areas continued to enjoy some of the highest levels of favorability with no statistically significant change in their favorability scores: 1. Public Safety and Security, with a mean favorability score of 2.94. a. Favorability scores for both the QR Code Data and the Final Data Pool matched the national benchmark high favorability score for: i.Ambulance response time in your neighborhood. 2. City Utility Services with a mean favorability score of 2.86. 3. Parks and Libraries with a mean favorability score of 2.70. B. Strides have been made in four of the eight broad service areas as a majority of the questions within each service area having favorability score which exceeded favorability scores from previous surveys by the combined margin of error: 1. Community Identity and Leadership. a. The favorability score was significantly higher than the national benchmark high favorability score for: i. How CC (the city) plans for and handles growth. 2. Citizen Involvement, Customer Service and Business Practices. a. Favorability scores from both the QR Code Data and the Final Data Pool exceeded the national benchmark high favorability score for: i. The City of Corpus Christi welcomes citizen involvement. 3. Neighborhood Services and Appearance. 4. Condition of City Streets. C. The Condition of City Streets continues to have the lowest levels of favorability throughout the city despite statistically significant increase the favorability scores for all three questions in the area. 1. The intensity of this opinion is demonstrated with the Final Data Pool favorability score matching the national benchmark low favorability score for: a. The condition of neighborhood streets. D. Data regarding communication and information channels is also presented in the report. In that data, 68% of respondents stated they use Facebook once a week or more to get information about the City of Corpus Christ, it is by far (2.5 times) the most common social network used to get information about the city. 027 27 | Page E. Favorability scores on the 2018 Corpus Christi Community Survey exceeded the national benchmark high favorability scores by the combined margin of error for: 1. How the CC (the city) plans for and handles growth. 2. The City of Corpus Christi (the city) welcomes citizen involvement. 3. Code enforcement of high weeds in your neighborhood. 4. City efforts on litter prevention and clean up in your neighborhood. F. Although not representative of the community as a whole, the exceptionally low favorability scores in the Final Data Pool suggest that there is segment of the Corpus Christi community that have intensely negative perceptions and opinions towards a majority of community services they receive. G. Composite mean data from the 8 broad service areas by zip code suggests that those respondents at furthest from the city center tend to have lower levels of overall favorability than those closer to the city center. H. Community surveys to track changing community demographics; evaluate quality of life within a community and the quality of community services are best when done using a periodic schedule and a rigorous sampling methodology. It is highly recommended that the City adopt a periodic timetable and use rigorous probability sampling methods to assure the data gathered from those surveys is suitable for programing and budget decision-making. REFERENCES ETC Institute, 725 W. Frontier Circle, Olathe, KS 66061. Folz, David H. (1996). Survey Research for Public Administration. Thousand Oaks, CA: Sage Publications. Miller, T. I. and M. M. Kobayashi (2000). Citizen Surveys: How to Do Them, How to Use Them, What They Mean. Washington D.C.: International City/County Management Association. Morin, R. (2004, October 28). “Don’t Ask Me.” Washington D.C.: Washington Post. p. C1. U.S. Census Bureau. (2010, March 27). State & County Quickfacts: City of Corpus Christi, Texas . Retrieved July 21, 2018, from http://quickfacts.census.gov. Wilson II, L. A.. (1983). “Preference Revelation and Public Policy: Making Sense of Citizen Survey Data.” Public Administration Review, Vol. 43 Issue 4, p335, 8p. Zhenming Chen; Deguo Li; Jing Wang (2010). “Citizens' Attitudes Toward Local Government Public Services.” Public Performance & Management Review, Vol. 34 Issue 2, p221-235, 15p. 028 City of Corpus Christi Community Survey Start of Block: Welcome Q1 What is your primary language? ¿Cual es tu idioma principal? o English (1) o Spanish (2) o Other (Please enter) (3) ________________________________________________ Greetings from Texas A&M University -- Corpus Christi. This is a survey being conducted by Dr. Daniel Jorgensen, Professor of Public Administration and Dr. Beth Rauhaus, Assistant Professor of Public Administration at Texas A&M University-- Corpus Christi. We are working with the City of Corpus Christi to conduct a Community Survey. The survey is a very important study that gathers information from residents like you to help the City make service improvements and budget decisions. Your participation in this survey is voluntary. You may refuse to take part in the survey. You will receive no direct benefits from participating in this survey. However, your responses may help us learn more about individuals understanding and perceptions of city services in the City of Corpus Christi, Texas. Q4 There are no foreseeable risks involved in participating in this survey other than those encountered in day-to-day life. Your survey answers will be sent to a link at Qualtrics .Com where data will be stored in a password protected electronic format. We will not collect identifying information such as your name or email address. Therefore, your responses will remain anonymous and will be reported to the City only by zip code. No one will be able to identify you or your answers, and no one will know whether or not you participated in the study. If you have questions at any time about the survey or the procedures, you may contact one of the survey supervisors, Dr. Daniel Jorgensen (phone: 361-825-3269/email: Appendix A: Survey Instrument 029 dan.jorgensen@tamucc.edu) or Dr. Beth Rauhaus (phone: 361-825-3286/email beth.rauhaus@tamucc.edu). Q5 ELECTRONIC CONSENT: Please select your choice below. You may print a copy of this consent form for your records. Clicking on the “Agree” button indicates that You have read the above information You voluntarily agree to participate You are 18 years of age or older o No (1) o Yes (2) Skip To: End of Block If Q5 = No Q6 Which best describes your residency in Corpus Christi? o I don't live in Corpus Christi (1) o I consider myself a part-time resident of Corpus Christi (2) o I consider myself a full-time resident of Corpus Christi (3) Q7 What are the last two numbers (784XX) of the zip code where you live in Corpus Christi? ________________________________________________________________ Thank you, Let’s Begin. End of Block: Welcome Start of Block: Community Identity and Leadership 030 Q9 In this group of questions we are interested in your perception of the City of Corpus Christi in terms of the quality of life in Corpus Christi, the value you receive for your tax dollar, the City's efforts in developing employment opportunities, how you view efforts the City is taking to create a vibrant downtown and bay front as well as maintaining City facilities. All of these things contribute to the identity of the the City of Corpus Christi as a place to live and the leadership shown by the City. Rate the following questions on a scale of one to four, where #1 means very dissatisfied & #4 means very satisfied. Circle #5 only if you don’t know or have no opinion on any particular question. 031 Q10 What is your overall opinion on the Very dissatisfied (1) Dissatisfied (2) Satisfied (3) Very Satisfied (4) Don't know/Have no opinion (5) quality of life in the City? (2) o o o o o quality of services provided by the City of Corpus Christi? (1) o o o o o value you receive for your city tax dollars & fees? (3) o o o o o how Corpus Christi plans for and handles growth? (4) o o o o o City efforts to attract new employers to the community? (6) o o o o o City efforts to help existing employers grow? (7) o o o o o City efforts to create a vibrant downtown & bay front? (8) o o o o o condition of City facilities? (9) o o o o o 032 Q11 The next series of questions looks at your perceptions of working with the City of Corpus Christi. Using a different scale of one to four where #1 means strongly disagree & #4 means strongly agree, please tell us if you agree or disagree with the following statements. Strongly disagree (1) Disagree (2) Agree (6) Strongly agree (7) Don't know/Have no opinion (5) The City of Corpus Christi welcomes citizen involvement. (1) o o o o o The City of Corpus Christi listens to citizens. (2) o o o o o The City of Corpus Christi keeps its citizens informed about matters that affect them. (3) o o o o o The City of Corpus Christi resolves complaints & service problems in a timely manner. (4) o o o o o Having the City of Corpus Christi Call Center is very helpful in conducting business with the City. (11) o o o o o I am satisfied with the ability to do city business on- line, such as paying bills or o o o o o 033 filing service requests. (5) City employees are knowledgeable about their work. (6) o o o o o City employees are professional in conducting their work. (7) o o o o o City employees are prompt in getting their work completed. (9) o o o o o City employees show a customer service orientation when working. (10) o o o o o End of Block: Community Identity and Leadership Start of Block: Neighborhood Services and Appearances 034 Q12 On a scale from one to four, rank your satisfaction with the following services that most often involve our neighborhoods. Remember #1 means very dissatisfied & #4 means very satisfied, while #5 means you don’t know or have no opinion. Very dissatisfied (1) Dissatisfied (2) Satisfied (3) Very Satisfied (4) Don't know/Have no opinion (5) Quality of residential garbage collection in your neighborhood? (1) o o o o o Quality of residential curbside recycling services in your neighborhood? (2) o o o o o Quality of brush & bulky collection services in your neighborhood? (3) o o o o o Effectiveness of animal control services in your neighborhood? (4) o o o o o Cleanliness of city streets & public areas in your neighborhood? (5) o o o o o Code enforcement of high weeds in your neighborhood? o o o o o 035 (6) Code enforcement of dilapidated & vacant buildings in your neighborhood (7) o o o o o City efforts on litter prevention and clean up in your neighborhood? (8) o o o o o End of Block: Neighborhood Services and Appearances Start of Block: Transportation and Street Maintenance Q13 Using the same scale as the questions about your neighborhood, this set of questions asks about your opinions regarding transportation and street maintenance in Corpus Christi. Very dissatisfied (1) Dissatisfied (2) Satisfied (3) Very satisfied (4) Don't know/Have no opinion (5) Condition of neighborhood streets? (3) o o o o o Condition of major city streets? (2) o o o o o Overall road conditions within the City? (1) o o o o o End of Block: Transportation and Street Maintenance Start of Block: Libraries and Recreation 036 Q14 Now we would like to know your opinions about the libraries, parks and recreational services in the City of Corpus Christi. On a scale from one to four, rank your satisfaction with the following items. Remember #1 means very dissatisfied & #4 means very satisfied, while #5 means you don’t know or have no opinion. Very dissatisfied (1) Dissatisfied (2) Satisfied (3) Very Satisfied (4) Don't know/Have no opinion (5) Number and location of city parks? (1) o o o o o Overall appearance of city parks? (2) o o o o o Overall quality of parks & recreation services? (3) o o o o o Overall quality of city libraries? (4) o o o o o End of Block: Libraries and Recreation Start of Block: City Utility Services 037 Q15 The City of Corpus Christi provides utility services like water, waste water, and natural gas to residents. This set of questions asks about your perception of the utility services you receive at your residence in Corpus Christi. Very dissatisfied (2) Dissatisfied (3) Satisfied (4) Very satisfied (6) Don't know/Have no opinion (8) The speed of responding to requests for utility service? (1) o o o o o Ease of making utility payments? (2) o o o o o Overall quality of waste water services (sanitary sewer) to your home? (3) o o o o o Overall quality of gas service to your home? (4) o o o o o Overall quality of water service to your home? (5) o o o o o End of Block: City Utility Services Start of Block: Public Safety and Security 038 Q16 Fire, emergency medical services and policing are some of the most essential services a city can provide its residents. Using the scale from one to four, rank your satisfaction with the following public safety and security items. Remember #1 means very dissatisfied & #4 means very satisfied, while #5 means you don’t know or have no opinion. Very dissatisfied (1) Dissatisfied (2) Satisfied (3) Very satisfied (4) Don't know/Have no opinion (5) How safe I feel in my neighborhood during the day? (5) o o o o o How safe I feel in my neighborhood in the evening/night? (6) o o o o o Fire protection response time in your neighborhood? (1) o o o o o Ambulance response time in your neighborhood? (2) o o o o o Police emergency response time in my neighborhood? (9) o o o o o Quality of traffic law enforcement? (7) o o o o o Quality of crime prevention efforts? (8) o o o o o Overall quality of fire protection o o o o o 039 services? (3) Overall quality of emergency medical assistance? (4) o o o o o Overall quality of police services? (10) o o o o o End of Block: Public Safety and Security Start of Block: Getting Public Information Q17 Today people get information from many different sources. The next few questions ask about ways you get information from and about the City of Corpus Christi. 040 Q18 In this question we ask you to tell us about how often you get information from the following media sources. At least once a day (1) At least once a week (2) At least once a month (4) Occasionally (5) Never (6) Don't have access/Didn't know they existed (7) Facebook (1) o o o o o o Instagram (2) o o o o o o Twitter (3) o o o o o o Nextdoor (4) o o o o o o YouTube (5) o o o o o o City Web Page (6) o o o o o o Broadcasts on City Cable Station (Channel 20/Channel 82.2). (7) o o o o o o 041 Q19 Now let's use the scale where #1 means very dissatisfied & #4 means very satisfied, and #5 means you don’t know or have no opinion. Please rank your satisfaction with the quality of the information that you receive from the city. o Very dissatisfied (1) o Dissatisfied (2) o Satisfied (3) o Very satisfied (4) o Don't know/Have no opinion (5) End of Block: Getting Public Information Start of Block: Demographic Questions Q20 In order to ensure that our survey includes all groups fairly, our last questions are about you and your household. Again, all of your responses to this survey are completely anonymous and will be reported in group form only. Q21 What is your gender? o Male (1) o Female (2) o Other (3) Q22 What is your year of birth? (yyyy) ________________________________________________________________ 042 Q23 Are you Spanish, Hispanic, or Latino? o No (1) o Yes (2) Q24 Choose one or more races that you consider yourself to be: American Indian or Alaska Native (1) Asian (2) Black or African American (3) Native Hawaiian or Pacific Islander (4) White (5) Other (6) ________________________________________________ Q25 How many people (including yourself) live in your household? ________________________________________________________________ 043 Q26 What are the ages of those who live in your household (in years)? o Person 1 (you) (1) ________________________________________________ o Person 2 (2) ________________________________________________ o Person 3 (3) ________________________________________________ o Person 4 (4) ________________________________________________ o Person 5 (5) ________________________________________________ o More than 5 people (please add ages with commas in between individuals) (6) ________________________________________________ Q27 What is the highest level of school you have completed or the highest degree you have received? o Less than high school degree (1) o High school graduate (high school diploma or equivalent including GED) (2) o Some college but no degree (3) o Associate degree in college (2-year) (4) o Bachelor's degree in college (4-year) (5) o Master's degree (6) o Doctoral degree (7) o Professional degree (JD, MD) (8) 044 Q28 Information about income is very important to understand. Would you please give your best guess? Please indicate the answer that includes your entire household income in (previous year) before taxes. o Less than $20,000 (1) o $20,001 - $40,000 (2) o $40,001 - $60,000 (3) o $60,001 - $80,000 (4) o Over $80,001 (5) Q29 Your home is? o Rented (1) o Owned (2) Q30 Thank you for participating in this survey. End of Block: Demographic Questions 045 Area Rated Low Average High As a place to live   58% 79% 97% As a place to raise children   36% 67% 98% As a place to work   45% 69% 92% As a place to retire   37% 55% 77% Overall quality of life in the City   37% 72% 94% Overall quality of City services provided   32% 67% 93% Value received for City tax dollars/fees  16% 47% 73% How well the City is planning for growth 23% 40% 63% Condition of City facilities 41% 73% 92% Quality of residential garbage collection 69% 85% 95% Quality of residential curbside recycling services 55% 79% 94% Quality of brush and bulky collection services 50% 71% 87% Effectiveness of animal control services 33% 55% 78% Cleanliness of city streets and public areas 31% 59% 87% Code enforcement of high weeds 14% 42% 62% Code enforcement of dilapidated and vacant buildings 14% 45% 66% City efforts on litter prevention and cleanup 13% 43% 64% Code enforcement of abandoned/junk vehicles 13% 31% 41% Overall quality of street repair and maintenance Condition of major city streets 24% 50% 83% Condition of neighborhood streets 30% 51% 75% Overall condition of sidewalks 20% 48% 73% Traffic flow on major city streets 15% 41% 65% Overall quality of city libraries 70% 80% 93% Number and location of city parks 39% 71% 86% Overall appearance of city parks 49% 73% 93% Adequacy of youth athletic programs 25% 54% 80% Adequacy of adult athletic programs 23% 50% 73% Quality of outdoor athletic fields 32% 62% 82% Overall quality of parks and recreation services 45% 73% 92% Taste and quality of local drinking water 51% 63% 85% Overall quality of water service to your home 55% 77% 95% Effectiveness of storm water drainage 36% 59% 83% Overall quality of wastewater services to your home 45% 68% 84% Quality of fire protection services 79% 86% 94% Speed of fire protection response 73% 82% 90% Speed of emergency medical response 67% 76% 87% Overall quality of emergency medical assistance 61% 82% 91% Overall quality of police services 39% 72% 94% Speed of emergency police response 20% 67% 88% Quality of traffic law enforcement 28% 56% 73% How safe I feel in my neighborhood during the day 72% 87% 98% How safe I feel in my neighborhood at night 32% 66% 88% Corpus Christi, TX Citizen Survey Benchmarking Data by percentage of respondents who rated the item as a 4 or a 5 on a 5‐point scale (excluding "don’t knows") Corpus Christi  2013 Survey  U.S. Avg. for Population 100K‐500K Quality of Life Neighborhood Services and Appearance Transportation an Street Maintenance Libraries, Recreation & Cultural Services City Utility Services Public Safety and Security Appendix B: National Benchmarking Data from ETC Institute 046 How safe I feel walking alone downtown during the day 59% 81% 96% How safe I feel walking alone downtown at night 25% 46% 71% How safe I feel in city parks 33% 61% 87% The City Employee was responsive 31% 64% 79% The City Employee was knowledgeable 32% 59% 77% The City Employee was courteous 37% 75% 91% The City of Corpus Christi welcomes citizen involvement 20% 36% 51% The City of Corpus Christi keeps its citizens informed about  matters that affect them 31% 54% 79% Columbia, MO Davenport, IA Des Moines, IA Durham (City), NC Durham (County), NC Elgin, IL Fort Lauderdale, FL High Point, NC Independence, MO Kansas City, MO Mesquite, TX Miami, FL Naperville, IL Olathe, KS Overland Park, KS Plano, TX Pueblo, CO Raleigh, NC Round Rock, TX Sterling Heights, MI Tempe, AZ Vancouver, WA Wilmington, NC Wyandotte County, KS Communities Included in U.S. Average with Pop. 100,000 ‐ 500,000 that are included in the performance ranges Customer Service and City Business Practices 047 1 2018 CORPUS CHRISTI COMMUNITY SURVEY 2018 CORPUS CHRISTI COMMUNITY SURVEY ▪Things to keep in mind as we review the data: ▪There are two reporting groups for the data ▪QR Code Data (Probability Sample) ▪Probability sample from a mailing of 10,000 postcards (155 returned to sender) to a random  sample of street addresses within the City of Corpus Christi.  The postcards invited recipients to completethe web‐based survey instrument using a QR code or web link unique to the  postcard recipients. This method of recruitment had 328 respondents (3.33% response rate),  of which 275 (84%) were able to be used in this report. ▪There is a 95% probability that the actual value in the population is within +/‐6 points of the  data reported.    ▪Final Data Pool (Non‐probability sample of convenience) ▪In this data pool a majority of the respondents utilized a web link that posted on the City of  Corpus Christi web page and other web pages to direct them to the survey. This method of recruitment had 1357 respondents, of which 734 (54%) were able to be used in this report. Responses from both distribution channelswere aggregated and are reported as the “Final  Data Pool.” ▪While the collective opinions gained from respondents in the Final Data Pool may have  value in pointing out areas of favorability or concern, thoseopinionsare not necessarily  representative of the entire resident population. 2 HIGHEST IN FAVORABILITY HAD LITTLE TO NO  CHANGE ▪Three broad service areas continued to enjoy some of the highest levels of  favorability with no statistically significant change in their favorability scores: 1.Public Safety and Security, mean favorability score of 2.94. a.Favorability scores for both the QR Code Data and the Final Data Pool matched the national  benchmark high favorabilityscore for: 1.Ambulance response time in your neighborhood.  2.City Utility Services, mean favorability score of 2.86. 3.Parks and Libraries mean favorability score of 2.70.  3 Appendix C: Preliminary Data PowerPoint 048 2 PUBLIC SAFETY AND SECURITY 4 CITY UTILITY SERVICES  5 PARKS AND LIBRARIES 6 049 3 STRIDES MADE ▪Strides have been made in four of the eight broad service areas as a majority of the  questions within each service area having favorability scores which exceeded  favorability scores from previous surveys by the combined margin or error: 1.Community Identity and Leadership.  a. The favorability score was significantly higher than the national benchmark high  favorability score for: 1. How CC (the city) plans for and handles growth. 2. Citizen Involvement, Customer Service and Business Practices. a. Favorability scores from both the QR Code Data and the Final Data Pool exceeded  the national benchmark high favorability score for: 1. The City of Corpus Christi welcomes citizen involvement. 3.  Neighborhood Services and Appearance. 4. Condition of City Streets. 7 COMMUNITY IDENTITY AND LEADERSHIP 8 CITIZEN INVOLVEMENT, CUSTOMER SERVICE AND  BUSINESS PRACTICES 9 050 4 NEIGHBORHOOD SERVICES AND APPEARANCE 10 CONDITION OF CITY STREETS 11 CONDITION OF CITY STREETS ▪Although the favorability scores are higher for the 2018 Community Survey, when  compared to other broad service areas in the 2018 data, the condition of city  streets has the mean aggregate score of 2.05.  ▪The intensity of this low favorability level was demonstrated with the Final Data  Pool having extremely low favorability scores for all three questions in this area and  matching the national benchmark low favorability score for: 1. The condition of neighborhood streets.  12 051 5 SOCIAL MEDIA AND INFORMATION 13 COMMUNICATION CHANNELS ▪With 68% of respondents stating they use Facebook once a week or more to get  information about the City of Corpus Christi, it is by far (2.5 times) the most  common social network used to get information about the city. 14 SOCIAL MEDIA AND INFORMATION 15 052 6 MEAN COMMUNITY SERVICE FAVORABILITY SCORE BY  RANK ORDER 16 In rank order from highest to lowest city wide scores for the eight broad  service areas are: 1. Public Safety & Security  2.94  2. City Utility Services 2.86 3. Parks and Libraries  2.70 4. Neighborhood Services  & Appearance 2.62 5. Social Media & Information 2.60 6. Citizen Involvement, Customer Service  & Business Practices 2.57 7. Community Identity & Leadership 2.47 8. Condition of City Streets  2.05    MEAN COMMUNITY SERVICE FAVORABILITY SCORES  COMPOSITE MEAN FAVORABILITY SCORES BY ZIP CODE AND 17 Composite mean data suggests that those respondents at furthest from the city  center tend to have lower levels of overall favorability than those closer to the  city center.  OTHER INFORMATION TO KEEP IN MIND Favorability scores on the 2018 Corpus Christi Community Survey exceeded the national benchmark  high favorability scores by the combined margin of error for: ▪How the CC (the city) plans for and handles growth. ▪The City of Corpus Christi (the city) welcomes citizen involvement. ▪Code enforcement of high weeds in your neighborhood. ▪City efforts on litter prevention and clean up in your neighborhood. Although not representative of the community as a whole, the exceptionally low favorability scores  in the Final Data Pool suggest that there is segment of the Corpus Christi community that have  intensely negative perceptionsand opinionstowardsa majority of community services they receive.   Community surveys to track changing community demographics; evaluate quality of life within a  community and the quality of community services are best when done using a periodic schedule  and a rigorous sampling methodology.  It is highly recommended that the City adopt a periodic  timetable and use rigorous probabilitysampling methods to assure the data gathered from those  surveys is suitable for programingand budget decision‐making.     18 053 7 ▪Questions?  ▪Comments? ▪Concerns? 19 054