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Agenda Packet City Council - 02/12/2019
City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, February 12, 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 Deacon Jesse Hinojosa, Diocese of Corpus Christi. C.Pledge of Allegiance to the Flag of the United States to be led by John Byrum, Assistant Director of Utilities for Wastewater. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.Proclamations / Commendations 1.19-0229 Proclamation declaring February 17-23, 2019, "National Engineers' Week". Proclamation declaring March 10-16, 2019, "Girl Scout Week and 107th Anniversary of Girl Scouts of the USA". Commendation for the 84th Annual Nueces County Junior Livestock Show Queen's Contest. Check Presentation from Thunder Riders M/C Corpus Christi Chapter. Swearing-In Ceremony for Newly Appointed Board, Commission, Page 1 City of Corpus Christi Printed on 2/11/2019 February 12, 2019City Council Meeting Agenda - Final-revised Committee and Corporation Members. F.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.UTILITY BILLING UPDATE b.19-0172 BOND STREET PROGRAM UPDATE Agenda Memo - Bond Program Update 02-12-2019.docx Council Meeting Bond Status Update (02-12-2019) REV.pptx Attachments: c.OTHER G.MINUTES: 2.19-0235 Regular Meeting of January 22, 2019. Minutes - January 22, 2019Attachments: H.BOARD & COMMITTEE APPOINTMENTS: 3.19-0257 Citizens Advisory Health Board Community Youth Development (78415) Program Steering Committee Landmark Commission Library Board Retired and Senior Volunteer Program Advisory Committee CITIZENS ADVISORY HEALTH BOARD COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE LANDMARK COMMISSION LIBRARY BOARD RETIRED AND SENIOR VOLUNTEER PROGRAM 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. Page 2 City of Corpus Christi Printed on 2/11/2019 February 12, 2019City Council Meeting Agenda - Final-revised 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. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1.MAKE A STATEMENT OF FACTUAL INFORMATION. 2.RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3.ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN’S FIRST AMENDMENT RIGHTS. K.CONSENT AGENDA: (ITEMS 4 - 10) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4.19-0082 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. Page 3 City of Corpus Christi Printed on 2/11/2019 February 12, 2019City Council Meeting Agenda - Final-revised Agenda Memo - Liquid Aluminum Sulfate Bid Tab -Liquid Aluminum Sulfate Supply Agreement - Liquid Aluminum Sulfate Attachments: 5.19-0085 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: 6.19-0061 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 South Bluff to be developed by Avanti at South Bluff, LP. Agenda Memo - Avanti at South Bluff Resolution - Avanti at South Bluff Presentation-HCD Affordable Housing Resolutions Attachments: 7.19-0066 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. Agenda Memo - Casa De Manana Resolution - Casa De Manana Attachments: 8.19-0073 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. Agenda memo - Casa de Manana concerted revitilization 2019 Resolution - Casa de Manana Attachments: Page 4 City of Corpus Christi Printed on 2/11/2019 February 12, 2019City Council Meeting Agenda - Final-revised Existing Conditions Report for La Molina-Near West - Casa de Manana 9.19-0046 Second Reading Ordinance - Purchase of Impel Pumper and Impel Rescue Truck for Fire Department (1st Reading 1/22/19) 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: 10.19-0081 Second 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: L.FUTURE AGENDA ITEMS: (ITEMS 11 - 22) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 11.19-0080 Lease Purchase of Vehicles for Police Department Motion authorizing the lease purchase of four Ford F-150 crew cab trucks from Silsbee Ford Inc. of Silsbee, Texas, plus two Nissan Rogue SUVs and three Altima sedans from Gunn Chevrolet Ltd of Selma, Texas for the Police Department for a total amount not to exceed $219,991.30. Agenda Memo - Lease Purchase of Vehicles for Police Dept Price Sheet - Lease Purchase of Vehicles for Police Dept. Attachments: 12.19-0180 Service Agreement for Battery Replacements for Corpus Christi Fire Department Page 5 City of Corpus Christi Printed on 2/11/2019 February 12, 2019City Council Meeting Agenda - Final-revised Motion authorizing a one-year service agreement for battery replacements with Noyesmen, Inc., dba Interstate Batteries of South Texas, of Corpus Christi, Texas, for an amount not to exceed $27,618.70, with two one-year options for a total potential multi-year amount of $82,856.10. Agenda Memo-Battery Replacement for CCFD Bid Tabulation - Battery Replacement for CCFD Service Agreement - Battery Replacement for CCFD Attachments: 13.19-0058 Service Agreement for HEB Tennis Center Management and Program Services for Parks and Recreation Motion authorizing a five-year service agreement for HEB Tennis Center Management and Program Services with Sweet Spot Tennis, LLC of Corpus Christi, Texas for a management fee of $4,250 per month for a not to exceed five-year total amount of $255,000, plus the Contractor keeps 100% of all revenue earned in return for the management and operation of the tennis center. Agenda Memo - HEB Tennis Center Management and Program Services Service Agreement - HEB Tennis Center Management Evaluation Matrix - RFP 1867 After Receiving BAFOs Presentation - Tennis Center Management Attachments: 14.19-0059 Service Agreement for Al Kruse Tennis Center Management Services for Parks and Recreation Motion authorizing a five-year service agreement for Al Kruse Tennis Center Management and Program Services with Love Tennis & Education of Corpus Christi, Texas for a management fee of $1,900 per month for a not to exceed five-year total amount of $114,000, plus the Contractor keeps 100% of all revenue earned in return for the management and operation of the tennis center. Agenda Memo - Al Kruse Tennis Center Management RFP 1868 Evaluation Matrix - RFP 1868 After Receiving BAFOs Service Agreement No. 1868 Al Kruse Attachments: 15.19-0260 Service Agreement Amendment for Subscription and Maintenance of Customer Engagement Software for Utilities Department Motion authorizing an amendment for a one-year service agreement for subscription and maintenance of customer engagement software with WaterSmart Software, Inc of San Francisco , California for an amount not to exceed $112,500. Agenda Memo - Subcription and Maintenance of Customer Engagement Software Amendment 1 - Subcription and Maintenance of Customer Engagement Software Attachments: Page 6 City of Corpus Christi Printed on 2/11/2019 February 12, 2019City Council Meeting Agenda - Final-revised Executed Agreement 16.19-0177 Service Agreement for Generator Preventive Maintenance and Repair Services Motion authorizing a one-year service agreement for generator preventive maintenance and repair services, including rentals with Holt Texas Ltd, of San Antonio, TX for an amount not to exceed $100,875, with two one-year options for a total potential multi-year amount not to exceed $302,625. Agenda Memo - Generator Repairs & PM Service Bid Tabulation- Generator Repair Service Agreement - Generator Repairs & PM Service Attachments: 17.19-0116 Supply Agreement for Emulsified Polymerized Asphalt (HFRS-2P) for Street Operations Motion authorizing a three-year supply agreement for the purchase of emulsified polymerized asphalt with Ergon Asphalt & Emulsions, Inc. of Austin, Texas for the not to exceed amount of $2,250,000. Agenda Memo - Emulsified Polymerized Asphalt (HFRS-2P). Bid Tabulation - Emulsified Polymerized Asphalt Supply Agreement - Emulsified Polymerized Asphalt (HFRS-2P). Attachments: 18.19-0160 Service Agreement for Offsite Repairs of Ford Vehicles for Asset Management Motion authorizing a one-year service agreement for offsite repairs of Ford vehicles with Crosstown Partners Inc., dba Sames Ford of Corpus Christi, Texas for an amount not to exceed $478,500, with a one-year option for a total potential multi-year amount of $957,000. Agenda Memo Offsite Repairs of Ford Vehicles Bid Tab-Offsite Repairs of Ford Vehicles Service Agreement - Offsite Repairs of Ford Vehicles Attachments: 19.19-0214 Resolution identifying Avanti at South Bluff as a development which will contribute to revitalization efforts Resolution of the City Council of the City of Corpus Christi, Texas identifying the project known as Avanti at South Bluff as a development that will contribute most significantly to the concerted revitalization efforts of the City in the Downtown Area Development Plan; and providing for an effective date. Agenda Memo - Avanti at South Bluff Revitalization Resolution - Avanti at South Bluff concerted revitalization 2019 Attachments: Page 7 City of Corpus Christi Printed on 2/11/2019 February 12, 2019City Council Meeting Agenda - Final-revised 20.19-0247 Appointing Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation Motion appointing Council Members Joe McComb, Roland Barrera, Rudy Garza, Paulette Guajardo, Gil Hernandez, Michael Hunter, Ben Molina, Everett Roy and Greg Smith as Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. Agenda Memo - CCHFC and CCIDCAttachments: 21.19-0245 Appointing Board Members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation Motion appointing Council Members Joe McComb, Roland Barrera, Rudy Garza, Paulette Guajardo, Gil Hernandez, Michael Hunter, Ben Molina, Everett Roy and Greg Smith as Board Members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation . Agenda Memo - CBHFDC & CBCEFFCAttachments: 22.19-0185 Service Agreement for InCode Software for Municipal Court Resolution authorizing a five-year service agreement for InCode software maintenance and support with Tyler Technologies of Plano, Texas for an amount not to exceed $864,818. Agenda Memo - InCode Software 2019 Resolution - InCode Software HB 89 Verification Addendum - Tyler Technologies Maintenance and Support Agreement - 01.03.19 Corpus Christi TX - Maint. and Support Serv. Agmt. (LGD) - 1.23.19 Attachments: M.FUTURE CORPORATION MEETING: (ITEM 23) 23.19-0226 Special Meeting of the North Padre Island Development Corporation Council Agenda Memo - NPDIC Meeting 2-19-2019 NPIDC Agenda - February 19, 2019 August 21st Meeting Minutes NPIDC Financial Update for meeting on February 19th EXHIBIT H NPIDC Meeting Resolution - February 19, 2019 Attachments: N.RECESS FOR LUNCH Page 8 City of Corpus Christi Printed on 2/11/2019 February 12, 2019City Council Meeting Agenda - Final-revised The City Council will take a lunch break at approximately 1:30 p.m. O.PUBLIC HEARINGS: (ITEMS 24 - 26) 24.19-0161 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 6001 Crosstown Expressway (State Highway 286) Case No. 1118-02 Charles L. Kosarek, Jr and Dane Casey Holdings, LLC: Request for rezoning a property at or near 6001 Crosstown Expressway (State Highway 286) from the “RS-6” Single-Family 6 District and “ON” Neighborhood Office District to the “ON” Neighborhood Office District, the “CN-1” Neighborhood Commercial District, and the “CC” Commercial Compatible District. Planning Commission and Staff Recommendation (January 9, 2019): Approval of the change of zoning from the “RS-6” Single-Family 6 District and “ON” Neighborhood Office District to the “ON” Neighborhood Office District, the “CN-1” Neighborhood Commercial District, and the “CC” Commercial Compatible District. Ordinance rezoning property at or near 6001 Crosstown Expressway (State Highway 286) from the “RS-6” Single-Family 6 District and “ON” Neighborhood Office District to the “ON” Neighborhood Office District, the “CN-1” Neighborhood Commercial District, and the “CC” Commercial Compatible District. Agenda Memo_1118-02 Charles L. Kosarek, Jr and Dane Casey Holdings, LLC Ordinance_1118-02 Charles L. Kosarek, Jr and Dane Casey Holdings, LLC CC Report_1118-02 Charles L. Kosarek, Jr and Dane Casey Holdings, LLC Presentation_1118-02 Charles L. Kosarek, Jr and Dane Casey Holdings, LLC Attachments: 25.19-0162 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 0 Enterprize Parkway. Case No. 0119-01 Devary Durrill Foundation: Request for rezoning a property at or near 0 Enterprize Parkway from the “IL” Light Industrial District to the “CG-2” General Commercial District. Planning Commission and Staff Recommendation (January 9, 2019): Approval of the change of zoning from the “IL” Light Industrial District to the “CG-2” General Commercial District. Ordinance rezoning property at or near 0 Enterprize Parkway from the “IL” Light Industrial District to the “CG-2” General Commercial District. Agenda Memo_0119-01 Devary Durrill Foundation Ordinance_0119-01 Devary Durrill Foundation Attachments: Page 9 City of Corpus Christi Printed on 2/11/2019 February 12, 2019City Council Meeting Agenda - Final-revised CC Report_0119-01 Devary Durrill Foundation Presentation_0119-01 Devary Durrill Foundation 26.19-0163 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 1752 Rand Morgan Road Case No. 0119-02 NP Homes, LLC: Request for rezoning a property at or near 1752 Rand Morgan Road from the “RS-6” Single-Family 6 District to the “RS-4.5” Single-Family 4.5 District. Planning Commission Recommendation (January 9, 2019): Approval of the change of zoning from the “RS-6” Single-Family 6 District to the “RS-4.5” Single-Family 4.5 District. Staff Recommendation: Denial of the change of zoning from the “RS-6” Single-Family 6 District to the “RS-4.5” Single-Family 4.5 District. Ordinance rezoning property at or near 1752 Rand Morgan Road from the “RS-6” Single-Family 6 District to the “RS-4.5” Single-Family 4.5 District. Agenda Memo_0119-02 NP Homes, LLC Ordinance_0119-02 NP Homes, LLC CC Report_0119-02 NP Homes, LLC Presentation_0119-02 NP Homes, LLC Attachments: P.REGULAR AGENDA: (ITEMS 27 - 29) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 27.19-0072 First Reading Ordinance - Rezoning for a Property located at or near 4130 South Alameda Street (Public Hearing held 1/22/19) 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 Ordinance_Split_Zoning_1218-01 Carmelite Sisters.Alternate_Proposal Attachments: Page 10 City of Corpus Christi Printed on 2/11/2019 February 12, 2019City Council Meeting Agenda - Final-revised Split Zoning Map CC Report_1218-01 Carmelite Sisters Presentation_1218-01 Carmelite Sisters REV 28.19-0219 Resolution to Adopt the City Council Vision Elements for 2019-2020 Agenda Memo - Council Vision Elements Resolution Adoption of Council Vision Elements for 2019-2020 Presentation Attachments: 29.19-0242 Discussion with possible action regarding the process for City Charter Review. Agenda Memo - Process for City Charter Review 2019-02-12 Presentation - Charter Review Process - 02-12-19 Attachments: Q.FIRST READING ORDINANCES: (ITEMS 30 - 39) 30.19-0208 First Reading Ordinance - Accepting and appropriating Victims of Crime Act (VOCA) Outreach Program Grant Ordinance authorizing execution of all documents necessary to accept $216,469.70 grant from State of Texas, Criminal Justice Division for Victims of Crime Act Outreach Program with City match of $13,637.43 and in-kind match of $40,480 from Police Grant Fund; appropriating the $216,469.70 in Police Grants Fund for the VOCA Outreach program; and authorizing transfer of $13,637.43 from the General Fund to the Police Grants Fund and appropriating the same for total project cost of $270,587.13. Agenda memo VOCA outreach approp 02.12.2019 Ordinance - VOCA outreach 02.12.2019 Award letter 2677105 Attachments: 31.19-0174 First Reading Ordinance - Accepting and appropriating funds from the Hurricane Public Health Crisis Response Cooperative Services grant Ordinance accepting and appropriating grant from the Texas Department of State Health Services for the 2017 Hurricane Public Health Crisis Response Cooperative Agreement Grant in the amount of $420,842. Agenda Memo-2017 Hurricane Public Health Crisis Response Cooperative Agreement Grant 2017 Ordinance - DSHS Grant No. HHS000371500016 2017 Hurricane Public Health Crisis Response Cooperative Agreement Grant Attachments: 32.18-1350 First Reading Ordinance - Type A Grant for the Del Mar College Small Business Development Center (SBDC) Page 11 City of Corpus Christi Printed on 2/11/2019 February 12, 2019City Council Meeting Agenda - Final-revised Ordinance approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College to provide grant up to $300,000 for their Small Business Development Center program over two years; appropriating $300,000 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. Agenda Memo - Del Mar SBDC.docx Ordinance Del Mar SBDC.docx Del Mar SBDC Contract.docx DMC Small Business Development Center.pdf Attachments: 33.18-1351 First Reading Ordinance - Type A Grant for the Del Mar College Contract Resource Center (CRC) Ordinance approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College to provide grant up to $133,000 for their Contractor Resource Center program; appropriating $133,000 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. Agenda Memo - Del Mar CRC.docx Ordinance Del Mar CRC.docx DMC Creation of Contractor Resources Center.pdf Del Mar CRC Contract.docx Attachments: 34.19-0167 First Reading Ordinance - Partial Easement Closure located at 13982 Binnacle Street Ordinance abandoning and vacating 62.9 square feet of an existing utility easement on Lot 1, Block 712, Padre Island-Corpus Christi, Barataria Bay Unit 3, located at 13982 Binnacle Street. Agenda MemoR Ordinance with Exhibits Presentation Attachments: 35.19-0127 First Reading Ordinance - Easement Closure for property located at 1649 Amber Drive Ordinance abandoning and vacating a 0.02-acre (780 sq. ft.) existing utility easement on, Lot 3, Block 2, Perry’s Estates, located at 1649 Amber Dr. Agenda MemoaR Ordinanace with Exhibits Presentation Attachments: Page 12 City of Corpus Christi Printed on 2/11/2019 February 12, 2019City Council Meeting Agenda - Final-revised 36.19-0168 First Reading Ordinance - Exempting Heines Substation from Wastewater Lot Acreage Fee Ordinance exempting Heines Substation located at the Northwest corner of Holly Road and Ennis Joslin alignment from the payment of wastewater acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring a sanitary sewer connection agreement. Agenda MemoR Ordinance with contract - Heines Substation WW Exemption Presentation - Heines Substation Wastewater Exemption Attachments: 37.19-0169 First Reading Ordinance - Exempting Swan Village Unit 1 from Wastewater Lot Acreage Fee Ordinance exempting Swan Village Unit 1 located on FM 2444, between CR 41 and CR 43, from the payment of wastewater acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring a sanitary sewer connection agreement. Agenda MemoR Ordinance with Contract Presentation - Swan Village Unit 1 Wastewater Exemption Attachments: 38.19-0227 First Reading Ordinance - Approving Amendments to the Tax Increment Reinvestment Zone #2 amended Project & Financing Plans Ordinance approving the amendment to the Tax Increment Reinvestment Zone #2 amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas. Agenda Memo - January 22, 2019 Project Plan Amendment Ordinance - TIRZ 2 Project Plan 01.25.19 Exhibit A - Revised TIRZ 2 Project and Financing Plan EXHIBIT H Attachments: 39.19-0149 First Reading Ordinance - Approving the Resale of 13 Foreclosed Properties Ordinance authorizing the resale of 13 properties for $183,553.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $32,475.02 plus $38,933.42 for partial payment of City paving and demolition liens. Agenda Memo for Tax Foreclosure Properties - 13 revised2 Ordinance for Tax Resale of 13 Properties Exhibit A - Property for Tax Resale January 2019 Attachments: Page 13 City of Corpus Christi Printed on 2/11/2019 February 12, 2019City Council Meeting Agenda - Final-revised Exhibit B - City of CC Letter 13 bids revised 2119 Presentation - Tax Resale Properties R.BRIEFINGS: (ITEMS 40 - 42) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 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. 40.19-0243 Corpus Christi Regional Transportation Authority (CCRTA) 2018 Year in Review Agenda Memo - CCRTA 2018 Year in Review Presentation - CCRTA Year in Review Attachments: 41.19-0228 2018 Year in Review - Art Museum of South Texas Agenda Memo for Art Museum City Council Presentation Presentation - Art Museum 2019 City Council Meeting Attachments: 42.19-0190 SQH Sports & Entertainment, Inc. A Regional Sports Complex for Corpus Christi Agenda Memo - SQH Presentation Presentation - SQH Attachments: S.EXECUTIVE SESSION: (ITEMS 43 - 47) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in “Executive Sessions” constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 43.19-0267 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, Page 14 City of Corpus Christi Printed on 2/11/2019 February 12, 2019City Council Meeting Agenda - Final-revised 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 and proposed industrial facilities in San Patricio County and Nueces County) that are and/or will be consumers of water and/or wastewater services and connections to the Mary Rhodes Pipeline for facilities to supply water thereto and provision of water and/or wastewater services related to the Harbor Bridge construction project 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). 44.19-0234 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning litigation including, but not limited to, the cases of City of Ingleside 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. 45.19-0264 Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to contractual obligations pursuant to the lease of property to SQH Sports & Entertainment, Inc. near the intersection of State Highway 286 and Weber Road and areas adjacent thereto and pursuant to Texas Government Code § 551.072 to discuss and deliberate the lease and value of the aforementioned real property owned by the City when deliberation in open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 46.19-0271 Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of judges of the Municipal Court. 47.19-0280 Executive Session pursuant to Texas Government Code § 551.071 to consult with attorneys concerning litigation including, but not limited to, the bankruptcy case of In re Sam Kane Beef Processors, LLC. T.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 Page 15 City of Corpus Christi Printed on 2/11/2019 February 12, 2019City Council Meeting Agenda - Final-revised agenda, but no other action will be taken, and no public comment solicited. U.ADJOURNMENT Page 16 City of Corpus Christi Printed on 2/11/2019 AGENDA MEMORANDUM for the City Council Meeting of 02/12/2019 DATE: January 30, 2019 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager FROM: Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com 361-826-3729 Jeff Edmonds, P.E., Director of Engineering Services JeffreyE@cctexas.com 361-826-3500 Charlie Cardenas, P.E., Interim Director of Street Operations CharlieC2@cctexas.com 361-826-1870 UPDATE TO CITY COUNCIL Bond Street Program STAFF PRESENTER(S): Name Title/Position Department 1. Valerie H. Gray, P.E. Executive Director Public Works 2. Jeff Edmonds, P.E. Director Engineering Services BACKGROUND: This is an update on the status of the Bond Street Program. LIST OF SUPPORTING DOCUMENTS: Presentation ProjectNo.: N/A 1 VG/ASG Legistar No.: 19-0172 Rev. 0, 01-30-19 W W W.CCTEXA5.COM Street Project Status Update Council Presentation February 12, 2019 Bond Summary B WWW.CCTEXAS.COM D STREET PROPOSITIONS PROGRAMS BUDGET (Millions) # PROJECTS STATUS PROPOSITION 1 Bond 2004 $ 68.40 25 24 Complete 1 Bid (PR 22) 46.10 28 27 1 Bond 2008 $ 104.60 31 31 Complete $ $ 55.00 21 13 Complete Construction Bid Pending add'I funding 4 Construction Bond 2012 $ 22.00 1 Redesign (Holly Rd.) RFQ TOTAL $ 105.00 3 Coordinate w/ Others Complete (68%) Construction (4%) Other (28%) $ 55.00 16 7 Complete Bond 2014 8 Construction 1 Coordinate w/ Spohn Hosp. Bond 2016 $ 18.35 4 1 Construction 3 Ongoing $ 52.00 23 6 Design Bond 2018 (A) 12 RFQ 5 Ongoing PROPOSITION 2 $ 44.50 13 4 Complete 5 Construction Bond 2014 2 Bid / Rebid 1 On Hold 1 Coordinate w/ HBRP Bond 2018 (B) $ 22.00 14 13 RFQ 1 Ongoing $ 419.85 147 79 Complete (54%) TOTAL 18 Construction (12%) 50 Other (34%) # STREET PROJECTS % COMPLETE & CONSTRUCTION 147 97 66% # NON -STREET PROJECTS % COMPLETE & CONSTRUCTION 82 59 72% As of November 29, 2018 2 NON -STREET PROPOSITIONS (Parks & Recreation, Public Safety, Public Health, Eco. Dev., etc.) PROGRAMS I BUDGET (Millions) I # PROJECTS I STATUS PROPOSITIONS 2, 3, 4 & 5 Bond 2004 $ 26.70 12 12 Complete PROPOSITIONS 2, 3, 4, 5, 6 & 7 Bond 2008 $ 46.10 28 27 1 Complete Pending cancellation PROPOSITIONS 3, 4, 5, 6, 7 & 8 Bond 2012 $ 32.20 23 17 3 1 2 Complete Construction Bid Pending add'I funding PROPOSITIONS C, D, E, F & G Bond 2018 $ 22.00 19 19 RFQ TOTAL $ 105.00 82 56 3 23 Complete (68%) Construction (4%) Other (28%) # NON -STREET PROJECTS % COMPLETE & CONSTRUCTION 82 59 72% As of November 29, 2018 2 Bond Street Project Summary B WWW.CCTEXAS.COM D STREET PROPOSITIONS PROGRAMS BUDGET (Millions) # PROJECTS STATUS PROPOSITION 1 Bond 2004 $ 68.40 25 24 Complete 1 Bid (PR 22) 2 Construction Bond 2008 $ 104.60 31 31 Complete $ 55.00 21 13 Complete 4 Construction Bond 2012 1 Redesign (Holly Rd.) 3 Coordinate w/ Others $ 55.00 16 7 Complete Bond 2014 8 Construction 1 Coordinate w/ Spohn Hosp. Bond 2016 $ 18.35 4 1 Construction 3 Ongoing $ 52.00 23 6 Design Bond 2018 (A) 12 RFQ 5 Ongoing PROPOSITION 2 $ 44.50 13 4 Complete 5 Construction Bond 2014 2 Bid / Rebid 1 On Hold 1 Coordinate w/ HBRP Bond 2018 (B) $ 22.00 14 13 RFQ 1 Ongoing $ 419.85 147 79 Complete (54%) TOTAL 18 Construction (12%) 50 Other (34%) # STREET PROJECTS % COMPLETE & CONSTRUCTION 147 97 66% PROGRAMS BUDGET (Millions) 5 PROJECTS STATUS PROPOSITION 8 (Economic Development) $ 8.40 6 3 Complete Bond 2012 2 Construction 1 Bid As of November 29, 2018 (Ongoing = ADA, Traffic Signals, Street Lights, TxDOT, etc.) Street Projects Implementation (By Calendar Year) B W W W.CCfEXAS.COM D 100 90 80 70 60 50 40 30 20 10 0 Bond 2012, 2014 & 2016 Bond 2012 Prop. 1- 21 Projects Prop. 8 - 6 Projects Bond 2014 Prop. 1- 16 Projects Prop. 2 - 13 Projects Bond 2016 Prop. 1- 4 Projects 51 6 2015 40 12 2016 Bond 2018 29 17 2017 ■ Complete ■ Under Constr. • Other r +37 16 18 2018 Other = Request for Qualifications (RFQ),Design, Bid, Deferred, Pending, etc. Bond 2012 & 2014 Projects Under Construction W W W.CCTEXAS.COM BOND 2012 1 1 8 8 2014 1 1 1 1 1 1 1 2 2 2 S. Alameda St CONSTR START Ayers to Louisiana May 2017 S. Staples St Brawner to Kostoryz N. Beach Area Rd Imp & Beautification Mar 2018 Dec 2018 N. Beach Area Ped Imp & Enhancements Yorktown Blvd Yorktown Blvd Corona Dr Gollihar Rd Old Robstown Rd Gollihar Rd Carroll Ln Downtown Traffic Signal & Area Imp Rodd Field Rd Expansion Flato Rd Houston to McArdle Lake Travis to Everhart Everhart to Staples Dec 2018 Mar 2018 Jul 2017 Flynn to Everhart Mar 2018 S Staples to Weber Hwy 44 to Leopard Carroll to Kostoryz May 2017 Mar 2018 May 2018 Aug 2017 May 2018 Saratoga to Yorktown Agnes to Bates Nov 2018 Dec 2018 COMPLETION PLANNED Jul 2018 Oct 2019 PROJECTED Feb 2019 Oct 2019 Apr 2019 Apr 2019 Apr 2019 Oct 2018 Jan 2019 Nov 2018 Apr 2019 Feb 2019 Apr 2019 Aug 2018 Mar 2019 Apr 2019 Jan 2019 Apr 2019 Mar 2019 Apr 2019 Apr 2019 Apr 2019 Oct 2019 Mar 2019 Dec 2020 Dec 2020 Mar 2020 Mar 2020 Bond 2012 — 27 Projects; Bond 2014 — 29 Projects Bond 2012 & 2014 Remaining Projects BOND 2012 a 0 cc a 1 1 1 1 8 2014 1 2 PROJECT Morgan Ave Twigg St Leopard St Holly Rd Sea Town Ped Imp Morgan Ave Ayers St Ped Imp & Turn Lane LIMITS Staples to Crosstown Shoreline to Lower Broadway Crosstown to Palm Crosstown to Greenwood Staples to Ocean SPID to Gollihar COMMENT Coord. w/ Spohn Harbor Bridge Proj. Harbor Bridge Proj. Coord. w/ TxDOT Coord. w/ TxDOT Coord. w/ Spohn Currently Rebidding SCHEDULE Bid Mar 201 Deferred Bid May 2019 Redesign Jun, Bid Jul 2019 Bid Feb 2019 Bid Mar 2019 Const. Award May 2019 Bond 2012 — 27 Projects; Bond 2014 — 29 Projects Bond 2016 Under Construction BGOPP� �y9 a u�ND W W W.CCTEXAS.COM OJE STATUS Residential Street Rebuild Project • $11 M Project • Streets that dropped from SPMP due to condition • 32 Streets in Work Plan (Approved 11/7/2017) • 2 IDIQ Contracts (J Carroll Weaver & A. Ortiz Construction) • Construction Contracts awarded - (Appr. 7/24/2018) • 5 Delivery Orders (DOs) PART 1 PART 2 DO 1 (6 Streets) DO 1 (6 Streets) DO 2 (# Streets TBD) DO 2 (7 Streets) DO 3 (# Streets TBD) • 8 Streets Complete • 5 Streets in Construction • Project completion anticipated end of Summer 2019 Bond 2018 B W W W.CCTEXAS.COM D V) z o g o `_ m w m o' 0 a O Q CC a Slough Rd Holly Rd Everhart Rd Leopard St S. Staples St Swantner Dr Frio/Dorado/Hacala Sts Laguna Shores Rd Lipes Blvd Remaining 17 Projects 14 Projects ei„ Rodd Field Rd to East Dead End Rodd Field Rd to Paul Jones Ave SPID to Holly Rd Nueces Bay Blvd to Palm Dr Kostoryz Rd to Baldwin Blvd Texan Tr to Indiana Ave Greenwood Dr to Martin St Caribbean Dr to Hustlin' Hornet Dr Yorktown Blvd to Sun Wood Dr Detour/Alt Route Design Working on redundant Wtr line Construction sequencing Bid — Apr 2019 May 2019 Jun 2019 Const. Award — July 2019 Bid — Fall 2019 Bid — Fall 2019 itEr Bid 2/19 Bid 3/19 Bid 3/19 Design Design Design Design Design Design RFQ RFQ Bond 2020 Key Actions B N W W W.CCTEXAS.COM D > Identify candidate streets > Workshops w/ Council > Review Propositions > Approve Program > Feasibility Reports > Final approval of Bond language (August 2020) > November 2020 Election B WWW.CCTEXAS.COM D Questions? "Continuing to Build Our Future" City of Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, January 22, 2019 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:32 a.m. B. Invocation to be given by Pastor Jerry Ward, Lighthouse Tabernacle. Pastor Jerry Ward gave the invocation. 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. Ms. Tammy Franklin led the Pledge of Alliance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Interim City Manager Keith Selman, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 2/7/2019 City Council Meeting Minutes January 22, 2019 Present: 9 - 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 E. Proclamations / Commendations 1. Proclamation declaring February 5, 2019, "City -Wide Bluesday Tuesday". Mayor McComb presented the proclamation. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: b. OTHER Mayor McComb referred to City Manager's Comments. Interim City Manager Keith Selman reported on the following topics: 1) The Utilities Department is hosting the Xeriscape Symposium on Saturday, January 26, 2019 from 8:00 a.m. to 12:00 p.m. at Del Mar College, Center for Economic Development, located at 3209 Staples Street. 2) The Parks and Recreation Department recently received the Champions Award from Texas Children in Natures for equitable access to outdoor opportunities and opportunities for children to learn about wildlife and ecosystems at Oso Bay Wetlands Preserve Learning Center, Hans and Pat Suter Wildlife Refuge and Blucher Park. 3) Staff at the Owen R. Hopkins Public Library is recognizing Youth Librarian Chloe Jean Meadors who has been reading storybooks to children for 30 years. Ms. Meadors will have her final storytime reading on Saturday, January 26, 2019 at 11:00 a.m. 4) Interim City Manager Selman recognized Assistant City Manager Sylvia Carrillo -Trevino for receiving the Credentialed Manager designation from the International City/County Management Association (ICMA) and Assistant Director of Water Quality and Treatment Gabriel Ramirez for earning a "AA" license for water operations in the State of Texas. a. UTILITY BILLING UPDATE Interim City Manager Selman introduced Interim IT Director Peter Collins who provided the following information regarding the City's utility billing system: the Development Services portal, including streamlining the permit process, payments, and document imaging; testing related to missed utility bills; the external audit; issues related to the Infor, Hanson and Lawson software systems; and the meter transmission units (MTU). Mr. Collins and a council member discussed upgrading to the lastest version of Infor. Mayor McComb provided an update regarding the City Manager search. Q. BRIEFINGS: (ITEM 27) City of Corpus Christi Page 2 Printed on 2/7/2019 City Council Meeting Minutes January 22, 2019 27. 2018 Community Survey Results Mayor McComb deviated from the agenda and referred to Item 27. Assistant Director of Strategic Management Saundra Thaxton stated that the purpose of this item is to present the results of the 2018 Community Survey that was conducted in May and June 2018. The survey was conducted to determine the following objectives: the general perception and overall satisfaction with city services in all categories; overall satisfaction of city services by service area and geographically; to compare the survey results to the 2011 and 2013 community survey; and to benchmark satisfaction with other U.S. cities and Texas cities. The City engaged the services of Dr. Dan Jorgensen with Texas A&M University - Corpus Christi, Department of Social Sciences Research Center. Dr. Jorgensen provided the following information: the two reporting groups for the data, QR Code Data (Probability Sample) and Final Data Pool (Non -probability sample of convenience); that the Public Safety and Security, City Utilities Services and Parks and Libraries received the highest level of favorability with no statistically significant change in favorability scores; specific responses regarding Public Safety and Security, City Utilities, and Parks and Libraries; strides made in Community Identity and Leadership, Citizen Involvement, Customer Service and Business Practices, Neighborhood Services and Appearance, and Condition of City Streets; specific responses to Citizen Involvement, Customer Service and Business Practices, Neighborhood Services and Appearance and Condition of City Streets; data related to how respondents receive information about the City of Corpus Christi; city services ranked by favorability scoring and by zip code; and recommendations. Council members discussed the following information: areas for improvement; QR Code Data; the areas in the City where results were received; that results from out-of-town were culled out of the pool and results had to be from residents of the City; the number of Final Data Pool respondents; ways to improve survey participation; and the demographics of respondents. 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. Mayor McComb deviated from the agenda and 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. Raymond Ames, 7 Virginia Hills, spoke regarding his meeting with City of Corpus Christi Page 3 Printed on 2/7/2019 City Council Meeting Minutes January 22, 2019 Interim City Manager Selman regarding wastewater rates. Bill Sisson, Red Roof Inn Hotel, 3030 Buffalo, spoke regarding how the closure of Nueces Bay Boulevard, as part of the new Harbor Bridge Project, has impacted business at the Red Roof Inn Hotel. Lori Jackson, Red Roof Inn Hotel, 3030 Buffalo, spoke regarding vagrants and guest and staff safety at the Red Roof Inn Hotel. Brian Watson, 5813 Hugo, spoke in opposition to renaming Naval Air Station - Corpus Christi after late U.S. President George Herbert Walker Bush. Errol Summerlin, member of the Coastal Alliance to Protect Our Environment (CAPE), spoke regarding industrial build -out at the Port of Corpus Christi and the Port of Corpus Christi board appointment. Jack Gordy, 4118 Bray, spoke regarding illegal signs. Susie Luna Saldana, 4710 Hake!, spoke regarding the status of the regional sports complex. G. MINUTES: 2. Regular Meeting of January 15, 2019. Mayor McComb referred to approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Barrera and passed unanimously. H. BOARD & COMMITTEE APPOINTMENTS: 3. 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 Mayor McComb referred to board and committee appointments. The following appointments were made: Corpus Christi Regional Economic Development Corporation Council Member Barrera made a motion to reappoint Toby Hammett Futrell and William Goldston, seconded by Council Member Hunter and passed unanimously. Crime Control and Prevention District City Secretary Rebecca L. Huerta announced that Council Member Hunter was abstaining on the appointment of Donald Clark. Council Member Smith made a motion to confirm the appointment/reappointment of the following members: Bill Bonilla (Council Member Ben Molina's Rep.); Donald Clark (Council Member Everett Roy's Rep.); Fred E. Edler (Council Member Greg Smith's Rep.); Lori Garcia (Council Member Rudy Garza's Rep.); Jim Kaelin (Council Member Gil Hernandez's Rep.); R. Scott Leeton (Council Member Paulette M. Guajardo's Rep.); Rene Saenz (Council Member Roland Barrera's Rep.); Susie Saldana (Mayor Joe McComb's Rep.); and Joan Veith (Council Member Michael T. Hunter's Rep.), seconded by Council Member Molina and passed unanimously (Council Member Hunter abstained on the appointment of Donald Clark). City of Corpus Christi Page 4 Printed on 2/7/2019 City Council Meeting Minutes January 22, 2019 Marina Advisory Committee Council Member Garza made a motion to reappoint Martha A. Avery (Restaurant), seconded by Council Member Molina and passed unanimously. Council Member Smith nominated Richard E. Bell (Community At -Large). Council Member Hernandez nominated Charles G. Giffin, Jr. (Community At -Large). Council Member Roy nominated Donnell (Don) H. Laux (Community At -Large). Richard E. Bell (Community At -Large) and Donnell (Don) H. Laux (Community At -Large) were appointed with Mayor McComb and Council Members Hunter, Barrera, Garza, Guajardo, Smith, Molina, Roy and Hernandez voting for Richard E. Bell; Mayor McComb and Council Members Barrera, Garza, Guajardo, Smith, Molina, and Roy voting for Donnell (Don) H. Laux; and Council Members Hunter and Hernandez voting for Charles G. Giffin, Jr. Council Member Hernandez made a motion to appoint Robyn A. Cobb (Scientist), seconded by Council Member Garza and passed unanimously. Port of Corpus Christi Authority of Nueces County, Texas Council Member Guajardo made a motion to reappoint Richard R. Valls, Jr., seconded by Council Member Barrera and passed unanimously. Watershore and Beach Advisory Committee Council Member Guajardo made a motion to reappoint Terry A. Palmer (Regular Member), Jyoti Patel (Hotel/Condo Owner), and Carrie R. Meyer (Regular Member), seconded by Council Member Molina and passed unanimously. Council Member Hernandez nominated Sarah Tominack (Scientist). Council Member Smith nominated Lauren M. Hutchinson (Scientist). Lauren M. Hutchinson (Scientist) was appointed with Council Members Roy, Molina, Smith, Barrera, and Hunter voting for Lauren M. Hutchinson and Mayor McComb and Council Members Hernandez, Guajardo, and Garza voting for Sarah Tominack. Q. BRIEFINGS: (ITEM 25) 25. Seawater Desalination Siting and Permitting Project - Update Mayor McComb deviated from the agenda and referred to Item 25. John Wolfhope, Vice President and Principal of Freese and Nichols, stated that the purpose of this item is to provide an update on the progress of the Seawater Desalination Siting and Permitting project. Mr. Wolfhope presented the following information: a diagram of the basic components of desalination; photographs of example projects; the objectives of the update; overall goals and major tasks; a history of the project; schedule of current phase; project definitions; the process followed for site selection; critical factors for screening sites; data collection; map of the Inner Harbor including power grids, existing city water grids, and existing discharge; outreach to stakeholders and interest City of Corpus Christi Page 5 Printed on 2/7/2019 City Council Meeting Minutes January 22, 2019 groups; and next steps. Council members discussed the following information: communication to stakeholders and interest groups; that Harbor Island is not a site; consideration for sites at North Bay Plant and Inner Harbor; wastewater reuse and ground water; costs associated with securing additional water; and if plants can be used to reclaim effluent water. I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 17) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. City Secretary Rebecca L. Huerta announced that Council Member Molina was abstaining on Item 8 and Council Member Guajardo was abstaining on Item 17. There were no comments from the public. Council Member Garza made a motion to approve the Consent Agenda, seconded by Council Member Hernandez. The consent agenda items were passed and approved by one vote as follows: Aye: 9 - 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 Abstained: 0 4. 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. This Resolution was passed on the consent agenda. Enactment No: 031653 5. 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. City of Corpus Christi Page 6 Printed on 2/7/2019 City Council Meeting Minutes January 22, 2019 This Motion was passed on the consent agenda. Enactment No: M2019-015 6. 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 passed on the consent agenda. Enactment No: M2019-016 7. 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 passed on the consent agenda. Enactment No: M2019-017 9. Second Reading Ordinance - Rezoning for a Property located at or near 6402 Holly Road (1st Reading 1/15/19) 10. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031655 Second Reading Ordinance - Interlocal Agreement for reimbursement for MetroCom Dispatch Center Enhancements (1st Reading 1/15/19) City of Corpus Christi Page 7 Printed on 2/7/2019 City Council Meeting Minutes January 22, 2019 11. 12. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031656 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031657 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031658 13. Second Reading Ordinance - Purchase of Ten Chevrolet Tahoe Vehicles for the Fire Department (1st Reading 1/15/19) 14. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031659 Second Reading Ordinance - Amending membership and expanding duties of the Corpus Christi Museum of Science and History Advisory Board (1st Reading 1/15/19) City of Corpus Christi Page 8 Printed on 2/7/2019 City Council Meeting Minutes January 22, 2019 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031660 15. Second Reading Ordinance - Authorizing an Airline Use and Lease Agreement with United Airlines (1st Reading 1/15/19) 16. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031661 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031662 8. 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. Mayor McComb referred to Item 8. Council Member Molina abstained from this item. There were no comments from the Council or the public. City of Corpus Christi Page 9 Printed on 2/7/2019 City Council Meeting Minutes January 22, 2019 Council Member Garza made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Roy and Council Member Smith Abstained: 1 - Council Member Molina Enactment No: 031654 17. 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. Mayor McComb referred to Item 17. Council Member Guajardo abstained from this item. There were no comments from the Council or the public. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on second reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 1 - Council Member Guajardo Enactment No: 031663 L. FUTURE AGENDA ITEMS: (ITEMS 18 - 20) Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman discussed changes that will be made to Items 18 and 20 at the next meeting. Mayor McComb requested information on Item 20. 18. 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. This Motion was recommended to the consent agenda. 19. Supply Agreement for Liquid Chlorine in Railcar for O.N. Stevens Water Treatment Plant City of Corpus Christi Page 10 Printed on 2/7/2019 City Council Meeting Minutes January 22, 2019 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. This Motion was recommended to the consent agenda. 20. 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. This Motion was recommended to the consent agenda. R. EXECUTIVE SESSION: (ITEM 29) Mayor McComb deviated from the agenda and referred to Item 29. The Council went into executive session at 1:43 p.m. The Council returned from executive session at 2:31 p.m. 29. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning 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). This E -Session Item was discussed in executive session. M. RECESS FOR LUNCH: The recess for lunch was held during Executive Session Item 29. City of Corpus Christi Page 11 Printed on 2/7/2019 City Council Meeting Minutes January 22, 2019 Q. BRIEFINGS: (ITEM 26) 26. Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (Q4 2018) Mayor McComb deviated from the agenda and referred to Item 26. lain Vasey, Corpus Christi Regional Economic Development Corporation (EDC), stated that the purpose of this item is to provide the EDC quarterly update. Mr. Vasey presented the following information: employment by sector; key economic indicators; business development; and business retention including: visits, total company sales, community strengths, and weaknesses. N. PUBLIC HEARINGS: (ITEM 21) 21. 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. Mayor McComb referred to Item 21. Director of Development Services Nina Nixon -Mendez stated that the purpose of this item is to rezone the subject property to allow for a future commercial use and reuse of the building. Ms. Nixon -Mendez presented the following information: an aerial overview of the subject property; the zoning pattern; the types of uses allowed in "CN -1: Neighborhood Commercial District; and opposition to the zoning change. Ms. Nixon -Mendez stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. Rebecca Lawhon, 420 Carmel; Mary Margaret Hebert, 613 Miramar; Darrin Aldrich, 426 Carmel; and Jackie Hannebaum, 482 Carmel, spoke in opposition to the zoning change. Mark Adame, 1819 W. Upper Broadway, representative for the applicant, spoke regarding the following information: a history of the subject property; the current allowable uses for the property; the zoning pattern; the "CN -1" zoning; interested groups considering the purchase of the property; and in support of the zoning change. Nancy Grace, 314 Catalina, asked Mr. Adame questions regarding the price of homes per acre. Alfred Hook, 466 Carmel, stated that he was not opposed to rezoning the subject property to commercial and requested that he be kept aware of what happens with the property. Mayor McComb closed the public hearing. City of Corpus Christi Page 12 Printed on 2/7/2019 City Council Meeting Minutes January 22, 2019 Council members, staff and Mr. Adame discussed the following topics: that the Carmelite Sisters still own the property; that there is no contract currently on the property; that the property has lost its non -conforming status; communication with the community regarding the use of the property; allowable uses in "CN -1" District; a traffic impact analysis; ingress and egress from the subject property; consideration of a Special Permit once a use for the property is determined; best use of the property; concern by council members regarding rezoning to "CN -1"; Planned Unit Development (PUD) zoning; what the impact would be should the City Council consider denial of the requested zoning; the estimated costs to make the building compliant with building codes; and tabling the zoning case to allow the applicant to meet with neighbors. Council Member Smith made a motion to table the ordinance to the meeting of February 12, 2019, seconded by Council Member Hernandez. This Ordinance was tabled to the meeting of February 12, 2019 by the following vote: Aye: 9 - 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 Abstained: 0 0. REGULAR AGENDA: (ITEM 22) 22. 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. Mayor McComb referred to Item 22. Director of Water Utilities Kevin Norton stated that the purpose of this item is to execute a professional services contract with Frank Brogan Consulting for the Alternative Water Supplies Technical Support project. A council member requested a financial analysis of all alterative water supplies. There were no comments from the public. Council Member Smith made a motion to approve the motion, seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: M2019-018 City of Corpus Christi Page 13 Printed on 2/7/2019 City Council Meeting Minutes January 22, 2019 P. FIRST READING ORDINANCES: (ITEMS 23 - 24) 23. 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. Mayor McComb referred to Item 23. Fire Chief Robert Rocha stated that the purpose of this item is to purchase an impel pumper and impel rescue truck in the amount of $1,580,000. There were no comments from the public. A council member asked questions regarding the funding for the purchase and the procurement process. Council Member Barrera 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: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 24. 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. Mayor McComb referred to Item 24. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to execute a contract with LNV Inc. for the restoration of SEA District water features project. The presentation team included: Interim Director of Parks and Recreation Becky Perrin and Dan Leyendecker, LNV Inc. Mr. Edmonds presented the following information: problems associated with The Water Garden equipment and underground vault; the legal opinion that the Water Garden and Bayfront Park Fountain projects could be funded by Type A Seawall funds; the project location; the project scope for The Water Garden and Bayfront Park Fountain; and project schedule. There were no comments from the public. City of Corpus Christi Page 14 Printed on 2/7/2019 City Council Meeting Minutes January 22, 2019 Council members and the presentation team discussed the following topics: that the projects should be on a recurring maintenance schedule prior to investing funds on the project; the number of days the Water Garden and Bayfront Park Fountain have worked; a maintenance program for all City assets; damage to the Water Garden due to flooding events; issues regarding the Water Garden equipment and underground vault; that the underground vault requires a confined space permit to enter; that LNV Inc. will provide an operation and maintenance schedule; the department that will be responsible for the Water Garden and Bayfront Park Fountain; if Parks and Recreation currently uses the Maximo system; using Maximo to schedule preventive maintenance; including the Maximo system in the project scope; Agenda Item 20, a service agreement for the Water Garden pump; a council member questioned the reasons for approving both repairs to the Water Garden and restoration of water features; that Agenda Item 20 is being funded by the Federal Emergency Management Agency (FEMA) as a result of Hurricane Harvey; the company that designed the Bayfront Park Fountain; the project schedule; the legal opinion that the project can be funded by Type A seawall funds; that the seawall fund expires in 2026; the balance of the seawall fund; and if the maintenance pumps approved in Agenda Item 20 could be relocated later to the new above -ground building. Council Member Hernandez made a motion to amend the ordinance by including a maintenance schedule, to be entered into Maximo, as part of the project's scope, seconded by Council Member Barrera and passed unanimously. Council Member Barrera made a motion to approve the ordinance as amended, seconded by Council Member Hernandez. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 6 - Mayor McComb, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Roy Nay: 3 - Council Member Garza, Council Member Guajardo and Council Member Smith Abstained: 0 R. EXECUTIVE SESSION: (ITEMS 28 AND 30) Mayor McComb referred to Executive Session Items 28 and 30. City Attorney Miles K. Risley stated that Item 28 was withdrawn. The Council went into executive session at 4:39 p.m. The Council returned from executive session at 5:33 p.m. 28. 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 City of Corpus Christi Page 15 Printed on 2/7/2019 City Council Meeting Minutes January 22, 2019 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 withdrawn. 30. 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. This E -Session Item was discussed in executive session. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS T. ADJOURNMENT Mayor McComb referred to Identify Council Future Agenda Items. The following items were identified: information regarding the costs associated with adding Martin Luther King observance day to the City employees' holiday schedule; an update regarding Bond projects; and information regarding the utilization of Maximo by City departments, including a plan of action. The meeting was adjourned at 5:40 p.m. City of Corpus Christi Page 16 Printed on 2/7/2019 CITIZENS ADVISORY HEALTH BOARD *Two (2) vacancies with the terms to 11/11/19 and 11/11/21, representing the City. Composition Eleven (11) members, five (5) members appointed by the City Council for three-year terms, five (5) by the Nueces County Commissioner's Court for two-year terms; and one member appointed jointly by the City and the County. The board elects its own President and Vice -President. The City Manager and Nueces County Judge will meet to make a recommendation to both entities on the Joint appointment. Name Term Appt. date End date Appointing Authority Position Status Not seeking Category *Tracy Davis 1 11/7/2017 11/11/2018 City Council reappointment City *Micah DeBenedetto Partial 12/12/2017 11/11/2019 City Council Resigned City City Council and Aislynn E. Campbell 1 2/21/2017 11/11/2020 Nueces County Active Joint Hannah M Chipman 1 11/17/2015 11/11/2020 City Council Active City Raymond Martin Johnson 1 9/20/2016 11/11/2020 City Council Active City Elizabeth Sefcik 3 11/8/2011 11/11/2020 City Council President Active City CITIZEN ADVISORY HEALTH BOARD Applications Name Jonathan L Garison District District 5 Tosha James District 4 Vida Alvarez Mason District 4 Krista C Ramirez 'District 4 CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Nov 07, 2018 Profile Jonathan First Name Email Address 7434 Stampede Dr. Street Address Corpus Christi City What district do you live in? * p District 5 Current resident of the city? `' Yes r No 12 If yes, how many years? L Garison Middle Initial Last Name Home: (361) 742-5949 Business: (361) 878-4270 Primary Phone Alternate Phone CCISD Employer 4301 Schanen St. Work Address - Street Address and Suite Number 78413 Work Address - Zip Code 361-878-4270 Work Phone jonathan.garison@ccisd.us Work E-mail address Preferred Mailing Address 17 Home/Primary Address Assistant Principal Browne Middle School Job Title TX State 78414 Postal Code Jonathan L Garison Page 1 of 4 Which Boards would you like to apply for? BUILDING CODE BOARD OF APPEALS: Submitted CITIZENS ADVISORY HEALTH BOARD: 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) Assistant Principal at Browne Middle School: 2012 to present Teacher/Coach at Cullen Middle School: 2006 - 2012 B.A. in History from TAMUCC: 2005 M.S. in Educational Administration from TAMUCC: 2008 Corpus Christi 40 Under 40 Class of 2017 Why are you interested in serving on a City board, commission or committee? I have always had a interest in serving my community. I believe that serving on a board, commission, or committee will provide an opportunity to work for the betterment of the city. Upload 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? c Yes No Do you, your spouse, your business or your spouse's business have a City contract? r Yes c No Does your employer or your spouse's employer have a City contract? rYes aNo Jonathan L Garison 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 (7 No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes t: 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 BUILDING CODE BOARD OF APPEALS The Building Code Board of Appeals must include representatives from certain categories. Do you qualify for any of the following categories? * W Not Connected with Building Industry Jonathan L Garison 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. 1;7 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. I 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 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. 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 Jonathan L Garison Page 4 of 4 Jonathan L. Garison Objective Summary of Experience Education Professional Experience 7434 Stampede Dr. Corpus Christi, TX 78414 (361) 742-5949 To join a city board, commission, or committee - Fourteen years in education. - Currently in my seventh year as an assistant principal. - Data Analysis and Action Plan Implementation - Instructional leadership - Budgeting, record keeping, and purchase of materials Jan. 2009 — Dec. 2009 TAMUCC, Corpus Christi, TX M.S. Educational Administration - ILD and PDAS completion - Passed Principal's Certification Exam - Courses in personnel management and campus finance. - Internship at Cullen Middle School - 4.00 G.P.A. May 2008 — Oct. 2008 Lamar University, Beaumont, TX Coursework for M.S. in Educational Administration - 12 hours - Courses in teacher leadership and technology in schools. - 4.00 G.P.A. Aug. 2003 — Dec. 2005 TAMUCC, Corpus Christi, TX B.A. History - Graduated Magna Cum Laude. - Obtained teacher certification. Aug. 2012 — Present Browne Middle School CCISD Assistant Principal - In charge of testing, textbooks, emergency response, etc... - Data analysis and action plan implementation - Partial budget management - Administrative duties calendar coordinator Nov. 2006 — 2012 Cullen Middle School CCISD Teacher/Coach - Taught Texas History, Social Studies, and Reading. - Worked as head 7`'' grade boys' coach CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Jan 22, 2019 Profile Tosha James First Name Last Name 'Email Address 3202 Azores Dr Street Address Corpus Christi TX City State What district do you live in? * 17 District 4 Current resident of the city? r Yes r No 3 If yes, how many years? Mobile: (806) 236-6517 Primary Phone Business: (361) 761-3639 Alternate Phone Corpus Christi Medical Center Sr. IT Director Employer Job Title 7101 S. Padre Island Drive Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78412 Work Address - Zip Code 361-761-3639 Work Phone tosha.james@hcahealthcare.com Work E-mail address 78418 Postal Code Tosha James Page 1 of 5 Preferred Mailing Address 6T Home/Primary Address Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD: Submitted COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted ETHICS COMMISSION: Submitted REGIONAL HEALTH AWARENESS BOARD: 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) Master of Arts in Management Currently serving as President of Tropic Isles HOA Board of Directors Currently Assistant Ethics and Compliance Officer for Corpus Christi Medical Center If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Regional Health Awareness Board Citizens Advisory Health Board Community Youth Development Program Steering Committee Why are you interested in serving on a City board, commission or committee? Recently moved to Corpus Christi and want to become more involved in and serve the community. Additionally, serving in this capacity will broaden my professional network. Previously in Amarillo, I served as a CASA volunteer and was involved in community outreach through the United Way. Upload a Resume Demographics Gender pr Female Code of Ethics - Rules of Conduct/Conflicts of Interest Tosha James 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 6. 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 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 6' 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. NA Board -specific questions (if applicable) Tosha James 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 1 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 Tosha James Page 4 of 5 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. 1 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 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 Tosha James Page 5 of 5 Tosha James Core Competencies • Attain and leverage strategic relationships • Communicate with impact • Drive execution and financial results • Effective decision making Professional Experience • Lead and develop others • Service quality and excellence • Honor organization mission and values • Achieve success through effective leadership Senior IT&S Director /Asst. Ethics and Compliance Officer HCA Healthcare - Corpus Christi Medical Center Corpus Christi, TX Responsible for IT Operations and resource management for multiple acute care IP facilities, freestanding emergency departments, IP psychiatric facility, cancer center, and ambulatory clinics comprising 631 total IP beds. Conduct ethics and compliance investigations and audits; manage Facility Ethics and Compliance Committee; and ensure facility compliance with all policies and regulations. Serve as Facility Information Security Officer ensuring mitigation of system risks. Develop plans for facility technical environment in cooperation with Division technical leaders. Manage biomedical operations and staff. Develop and manage capital and operating budgets aligned with enterprise budget directives. Responsible for development and implementation of policies and procedures within a corporate framework. Facilitate contract negotiations with vendors. Serve as Project Manager on facility IT projects. Work with Executive Leadership on strategic planning for facility growth. Promote and coordinate management of compliance issues and projects. Serve as chair for Employee Action Committee, Team Leader in ICS process and facility disaster preparation, and General Support Process Improvement Team Leader. Understand future changes / trends in the Healthcare & Technology industries and how they relate to the organization. 2015 - Present President T James Management Services, LLC 2014-2018 Management Consultant Company served as Clinic Administrator for medical and surgical clinics and General Contractor for residential home construction. Managed daily to day and financial operations, strategic planning, permitting, and regulatory compliance. Conducted internal audits and developed action plans. Responsible for implementation and maintenance of technological infrastructure. Developed policies and procedures for multiple clinics, managed HR functions, and served as Project Manager for construction and IT projects. Facilitated marketing and social media for clinics. Responsible for implementation, maintenance, and training for multiple EHR Systems. IT Application Manager BSA Health Systems (Siemens Managed Care) /Amarillo, TX 2012-2014 Transitioned from Siemens to BSA due to buyout. Provided leadership to IT staff and managed end user support of hospital systems. Responsible for development and implementation of application enhancement 3202 Azores Dr, Corpus Christi, TX 78418 •806-236-6517• Tosha James strategy. Managed regimented application maintenance schedule to ensure healthy operating systems. Ensured compliance with Ardent/BSA policies, procedures and standards. Facilitate vendor contracting and negotiations. Develop departmental capital and operational budgets. Responsible for resource management to appropriate staffing levels and ensure optimal productivity. Successful completion of enterprise defined directives within facility while mitigating risks between business units & application team. Served as Project Manager on multiple projects ensuring successful implementation. Administrator Texas Tech University Health Science Center — Correctional Managed Healthcare / Amarillo, TX 2005-2012 Responsible for daily healthcare operations in a correctional setting. Management of 300+ medical, dental, psychiatric and ancillary professionals. Ensured implementation of Texas Department of Criminal Justice (TDCJ) and Texas Tech University Health Service policies within TDCJ William P. Clements, Jr. Unit. Established systems for the coordination of care among multi -disciplinary healthcare providers and provide quality and accessibility of all healthcare services provided to TDCJ inmates. Facilitated implementation of EMR system. Conducted investigations of ethic and compliance complaints. Daily engagement in unusually difficult or involved work requiring substantial and frequent use of judgment and independent decision- making. Maximized operating efficiencies through sound management practices and utilization review procedures. Ensured operational objective in accordance with facility needs for multiple service lines. Prepared surveys and conducted routine audits to ensure compliance with all regulatory agencies and policies. Obtained national accreditation. Responsible for all facets of financial management, project management, IT management, public health outreach, contract development, regulatory compliance, risk management, and quality control. HR facilitation inclusive of payroll, benefits, resource staffing, discipline, training, and professional recruiting. Education Master of Arts in Management Bachelor of Science in HR Management Training/Associations • American College of Healthcare Executives (pursuing FACHE) — Current Member • Disaster Preparedness for Hospitals and Healthcare Organizations — FEMA Training Volunteer/Community Involvement Wayland Baptist University Wayland Baptist University • 2018 President, Board of Directors — Tropic Isle Homeowners Association • CASA (Court Appointed Special Advocate) volunteer • United Way of Amarillo & Canyon — Team Leader Tosha James CITY OF CORPUS CHRISTI Submit Date: Aug 11, 2018 Application for a City Board, Commission, Committee or Corporation Profile Vida First Name vmason@islander.tamucc.edu Email Address 709 Saint Agatha Drive Street Address Corpus Christi City What district do you live in? * R District 4 Current resident of the city? Yes r No 21 If yes, how many years? Home: (361) 510-7699 Primary Phone 709 Saint Agatha Drive Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78418 Work Address - Zip Code vmason@islander.tamucc.edu Work E-mail address Preferred Mailing Address P Home/Primary Address Alvarez Mason Last Name Home: (361) 462-5821 Alternate Phone TX 78418 State 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? 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 W 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 (7 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 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 O'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? 1 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? * W 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? * Fl 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. 17 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 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 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. p 1 Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. FT I Agree Vida Alvarez Mason Page 5 of 5 VIDA ALVAREZ-MASON 709 Saint Agatha Drivel Corpus Christi, TX 78418 1(361) 510-7699 1 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 '16 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 Application for a City Board, Commission, Committee or Corporation Submit Date: Jan 19, 2019 Profile Mrs Krista Prefix First Name Email Address 7930 Todd Hunter Dr Street Address C Ramirez Rn,bsn Middle Initial Last Name Suffix Corpus Christi TX 78414 City State Postal Code What district do you live in? * Fl District 4 Current resident of the city? c Yes r No 30 If yes, how many years? Mobile: (361) 549-9004 Primary Phone Business: (361) 985-5355 Alternate Phone Christus Spohn Clinical Director Employer Job Title 5950 Saratoga Blvd Work Address - Street Address and Suite Number Corpus Christi Work Address - City Tx Work Address - State 78414 Work Address - Zip Code 3619855355 Work Phone Krista.ramirez@christushealth.org Work E-mail address Mrs Krista C Ramirez Rn,bsn Page 1 of 4 Preferred Mailing Address pi Home/Primary Address Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD: 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) BSN from TAMUCC in 2010, practicing RN in corpus Christi with ICU and now Administration experience. Currently getting my Masters in Healthcare Administration will graduate this Summer Why are you interested in serving on a City board, commission or committee? I have a passion for serving our community and improving healthcare processes Demographics Gender f7 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? rYes 6.No Does your employer or your spouse's employer have a City contract? c Yes 6' No Mrs Krista C Ramirez Rn,bsn 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. Not applicable Board -specific questions (if applicable) Verification Mrs Krista C Ramirez Rn,bsn 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. Fl 1 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. pr 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 1 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. p I Agree Mrs Krista C Ramirez Rn,bsn Page 4 of 4 COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE *Seven (7) vacancies with terms to 08/31/2019 and 08/31/20. (Note: The Community Youth Development (78415) Program Steering Committee is recommending the reappointment of Ricardo Pimentel and Simone Sanders (78415 Residents), and the new appointments of Velma Lozano, Rene Gutierrez, Christi Ortiz, Deborah Sherrill and Marlena Asocar Wilson.) Composition Nine (9) voting members with two-year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area. City guidelines require that at least 51% of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers. City guidelines also require that no members of the committee may be related to each other. Name Term Appt. date End date Appointing Authority Position Status Category Attendance **Velma G Lozano 1 9/27/2016 8/31/2018 City Council Seeking reinstatement 78415 Resident *Janelle Mata 1 9/27/2016 8/31/2018 City Council Not seeking reappointment 78415 Resident *Ricardo Pimentel Sr. 1 9/27/2016 8/31/2018 City Council Seeking reappointment 78415 Resident 7/7 meetings 100% *Simone Sanders 1 9/27/2016 8/31/2018 City Council Seeking reappointment 78415 Resident 5/7 meetings 71% *Gracie Solano 1 9/27/2016 8/31/2018 City Council Not seeking reappointment 78415 Resident *Rick Barrera 1 9/27/2016 8/31/2019 City Council Resigned *Odelia Soto 1 8/8/2017 8/31/2019 City Council Resigned Carlos A Barrera 1 9/27/2016 8/31/2019 City Council Active 78415 Resident Lisa Torres 1 9/27/2016 8/31/2019 City Council Chair Active 78415 Resident **Exceeded number of absences allowed by ordinance due to communication issues with previous staff liaison. Is now attending meetings and committee is recommending for appointment. COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE Applications Name District Category Rene R Gutierrez District 3 78415 Resident Tosha James District 4 Regular Member Christi Ortiz District 5 Regular Member Deborah Sherrill District 2 78415 Resident Marlena L Asocar Wilson District 4 Regular Member CITY OF CORPUS CHRISTI Submit Date: Dec 19, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr Rene R Gutierrez Prefix First Name Middle Initial Last Name Email Address 5322 Bowie St. Street Address Corpus Christi City What district do you live in? * IV District 3 Current resident of the city? Yes r No 40 If yes, how many years? Mobile: (361) 561-6087 Business: (361) 561-6087 Primary Phone Alternate Phone Nueces County Juvenile Probation Officer Employer Job Title 2310 Gollihar Rd Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78415 Work Address - Zip Code 3615616087 Work Phone Rene.Gutierrez@nuecesco.com Work E-mail address TX State 78415 Postal Code Mr Rene R Gutierrez Page 1 of 4 Preferred Mailing Address I Home/Primary Address Which Boards would you like to apply for? COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: 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) MPA & BS, TAMUCC, 1999 AA, Del Mar College, 1995 If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? I live in the 78415 zip code and the majority of my career I have worked with at -risk kids. I would like to use my education and work related experience to improve the quality of life in our community. Demographics Gender 7 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? rYes (7No Do you, your spouse, your business or your spouse's business have a City contract? r Yes Cr No Mr Rene R Gutierrez Page 2 of 4 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 t•' 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 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) Mr Rene R Gutierrez 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. 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. 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. 17 I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Mr Rene R Gutierrez Page 4 of 4 CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Jan 22, 2019 Profile Tosha First Name Email Address 3202 Azores Dr Street Address Corpus Christi City What district do you live in? * 17 District 4 Current resident of the city? t: Yes r No 3 If yes, how many years? James Last Name Mobile: (806) 236-6517 Business: (361) 761-3639 Primary Phone Alternate Phone Corpus Christi Medical Center Sr. IT Director Employer Job Title 7101 S. Padre Island Drive Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78412 Work Address - Zip Code 361-761-3639 Work Phone tosha.james@hcahealthcare.com Work E-mail address TX State 78418 Postal Code Tosha James Page 1 of 5 Preferred Mailing Address F7 Home/Primary Address Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD: Submitted COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted ETHICS COMMISSION: Submitted REGIONAL HEALTH AWARENESS BOARD: Submitted Interests & Experiences Are you a registered voter? C' Yes C 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) Master of Arts in Management Currently serving as President of Tropic Isles HOA Board of Directors Currently Assistant Ethics and Compliance Officer for Corpus Christi Medical Center If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Regional Health Awareness Board Citizens Advisory Health Board Community Youth Development Program Steering Committee Why are you interested in serving on a City board, commission or committee? Recently moved to Corpus Christi and want to become more involved in and serve the community. Additionally, serving in this capacity will broaden my professional network. Previously in Amarillo, I served as a CASA volunteer and was involved in community outreach through the United Way. Upload a Resume Demographics Gender pr Female Code of Ethics - Rules of Conduct/Conflicts of Interest Tosha James Page 2 of 5 Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes cr No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes No Does your employer or your spouse's employer have a City contract? ✓ Yes 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 c' No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes (7No 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) Tosha James 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 thecity 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 Tosha James Page 4 of 5 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. 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. Fir I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. pr 1 Agree Tosha James Page 5 of 5 Tosha James Core Competencies • Attain and leverage strategic relationships • Communicate with impact • Drive execution and financial results • Effective decision making Professional Experience • Lead and develop others • Service quality and excellence • Honor organization mission and values • Achieve success through effective leadership Senior IT&S Director/Asst. Ethics and Compliance Officer HCA Healthcare - Corpus Christi Medical Center Corpus Christi, TX Responsible for IT Operations and resource management for multiple acute care IP facilities, freestanding emergency departments, IP psychiatric facility, cancer center, and ambulatory clinics comprising 631 total IP beds. Conduct ethics and compliance investigations and audits; manage Facility Ethics and Compliance Committee; and ensure facility compliance with all policies and regulations. Serve as Facility Information Security Officer ensuring mitigation of system risks. Develop plans for facility technical environment in cooperation with Division technical leaders. Manage biomedical operations and staff. Develop and manage capital and operating budgets aligned with enterprise budget directives. Responsible for development and implementation of policies and procedures within a corporate framework. Facilitate contract negotiations with vendors. Serve as Project Manager on facility IT projects. Work with Executive Leadership on strategic planning for facility growth. Promote and coordinate management of compliance issues and projects. Serve as chair for Employee Action Committee, Team Leader in ICS process and facility disaster preparation, and General Support Process Improvement Team Leader. Understand future changes / trends in the Healthcare & Technology industries and how they relate to the organization. 2015 - Present President T James Management Services, LLC 2014-2018 Management Consultant Company served as Clinic Administrator for medical and surgical clinics and General Contractor for residential home construction. Managed daily to day and financial operations, strategic planning, permitting, and regulatory compliance. Conducted internal audits and developed action plans. Responsible for implementation and maintenance of technological infrastructure. Developed policies and procedures for multiple clinics, managed HR functions, and served as Project Manager for construction and IT projects. Facilitated marketing and social media for clinics. Responsible for implementation, maintenance, and training for multiple EHR Systems. IT Application Manager BSA Health Systems (Siemens Managed Care) /Amarillo, TX 2012-2014 Transitioned from Siemens to BSA due to buyout. Provided leadership to IT staff and managed end user support of hospital systems. Responsible for development and implementation of application enhancement 3202 Azores Dr, Corpus Christi, TX 78418 •806-236-6517• Tosha James strategy. Managed regimented application maintenance schedule to ensure healthy operating systems. Ensured compliance with Ardent/BSA policies, procedures and standards. Facilitate vendor contracting and negotiations. Develop departmental capital and operational budgets. Responsible for resource management to appropriate staffing levels and ensure optimal productivity. Successful completion of enterprise defined directives within facility while mitigating risks between business units & application team. Served as Project Manager on multiple projects ensuring successful implementation. Administrator Texas Tech University Health Science Center — Correctional Managed Healthcare /Amarillo, TX 2005-2012 Responsible for daily healthcare operations in a correctional setting. Management of 300+ medical, dental, psychiatric and ancillary professionals. Ensured implementation of Texas Department of Criminal Justice (TDCJ) and Texas Tech University Health Service policies within TDCJ William P. Clements, Jr. Unit. Established systems for the coordination of care among multi -disciplinary healthcare providers and provide quality and accessibility of all healthcare services provided to 1'DCJ inmates. Facilitated implementation of EMR system. Conducted investigations of ethic and compliance complaints. Daily engagement in unusually difficult or involved work requiring substantial and frequent use of judgment and independent decision- making. Maximized operating efficiencies through sound management practices and utilization review procedures. Ensured operational objective in accordance with facility needs for multiple service lines. Prepared surveys and conducted routine audits to ensure compliance with all regulatory agencies and policies. Obtained national accreditation. Responsible for all facets of financial management, project management, IT management, public health outreach, contract development, regulatory compliance, risk management, and quality control. HR facilitation inclusive of payroll, benefits, resource staffing, discipline, training, and professional recruiting. Education Master of Arts in Management Bachelor of Science in HR Management Training/Associations • American College of Healthcare Executives (pursuing FACHE) — Current Member • Disaster Preparedness for Hospitals and Healthcare Organizations — FEMA Training Volunteer/Community Involvement Wayland Baptist University Wayland Baptist University • 2018 President, Board of Directors — Tropic Isle Homeowners Association • CASA (Court Appointed Special Advocate) volunteer • United Way of Amarillo & Canyon — Team Leader Tosha James CITY OF CORPUS CHRISTI Submit Date: Jul 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile Christi Ortiz First Name Last Name Email Address 6826 Windvane Street Address Corpus Christi City What district do you live in? * fJ District 5 Current resident of the city? rz Yes r No 16 If yes, how many years? Mobile: (361) 815-9613 Primary Phone Mobile: (361) 585-5403 Alternate Phone Texas A&M University Corpus Christi Registered Nurse Employer Job Title 6300 Ocean Unit 5715 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78412 Work Address - Zip Code 361-825-3701 Work Phone christi.ortiz@tamucc.edu Work E-mail address TX 78414 State Postal Code Christi Ortiz Page 1 of 4 Preferred Mailing Address F7 Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI COMMISSION ON CHILDREN & YOUTH: Submitted COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any other City board. Education, Professional and/or Community Activity (Present) Currently pursuing Master's of Nursing Science Degree- Family Nurse Practitioner. Have obtained Associate's degree in Nursing from Del Mar College 2006, Bachelor's degree in Psychology from Texas A&M Corpus Christi 2003, and Associate's degree in Biology from Cisco college 2001. Currently a parent volunteer for Girl Scouts of Greater South Texas Troop 96037. Why are you interested in serving on a City board, commission or committee? Corpus Christi is a wonderful place to live. As a mother of two young children, I would be honored to act as a source of information and referrals concerning the children and youth of our community. The City of Corpus Christi has many good programs for children. I would like to the opportunity to help support and shape those programs, as well as assisting to pioneer new programs in the future. I believe that the children are our future, and that our community as a whole has a responsibility to help guide them in the right direction. Upload a Resume Demographics Gender IJ 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 Christi Ortiz Page 2 of 4 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. Board -specific questions (if applicable) Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN & YOUTH The Commission on Children & Youth must include representatives from certain categories. Do you qualify for any of the following categories? * 17 Health and Human Services J7 Youth and Family Services Christi Ortiz 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. FT 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. r✓ 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 Christi Ortiz Page 4 of 4 Christi Ortiz 6826 Wind Vane 1 Corpus Christi, TX 1 361-815-9613 Education Texas A&M University -Corpus Christi Currently pursuing MSN degree Fall of 2016 to present Del Mar College Associate Degree Nursing Graduated December 2006 Texas A&M University -Corpus Christi Bachelor of Arts Degree -Psychology Graduated August 2003 Cisco Junior College Associate Degree -Biology Graduated May 2001 Also attended Angelo State University Fall 2000 to Summer 2001 Professional Licensures and Certifications Registered Nurse, licensed through Texas Board of Nursing License valid through March 2019 Basic Life Support Certification valid through March 2019 Vision screener in the State of Texas Certification valid through December 2020 Registered to use audiometric equipment in the State of Texas Certification valid through December 2020 Experience August 2014 to Present Staff RN 1 Texas A&M University -Corpus Christi 1 University Health Center Registered nurse serving a diverse student population of over 11,000 students with the goal of keeping them well so they may attend classes and complete their education. Responsible for assessment, triage, treatment by protocol, venipuncture, and immunizations. Provide health education through outreach events on the University campus. Responsible for promotion and distribution for online college health magazine Student Health 101. October 2007 to August 2014 Registered Nurse 1 Christus Spohn Shoreline 1 Endoscopy Unit Administered moderate sedation and monitored patients during endoscopic procedures. Assisted physicians with biopsies, polypectomies, and hemostasis. Chairperson for the Unit Based Council. December 2006 to October 2007 Registered Nurse Christus Spohn South Surgical Telemetry Unit Utilized strong assessment skills to determine necessary patient care. Actively involved in Unit Based Council. Utilized the nursing process to care for post-surgical patients. Awards & Acknowledgements • Awarded Dorothy Yeater Scholarship from TAMUCC Professional membership Member of American College Health Association 2 CITY OF CORPUS CHRISTI Submit Date: Jul 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile Deborah Sherrill First Name Last Name Email Address 4530 Townsend. Street Street Address Corpus Christi City._.. What district do you live in? * 17 District 2 Current resident of the city? Yes r No 46 If yes, how many years? Home: (361) 232-9994 Primary Phone Work Address - Street Address and Suite Number Work E-mail address Home: (361) 23.2-9.994 Alternate Phone TX State 78415 Postal Code Preferred Mailing Address 17 Home/Primary Address Which Boards would you like to apply for? COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted Interests & Experiences Are you a registered voter? Yes r No Deborah Sherrill Page 1 of 4 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) Please see resume. Also, I am a member of the South Park Knights PTA. Why are you interested in serving on a City board, commission or committee? I am interested in working with our community members to help make our City a better place for our youth to develop into mature, smart young adults that would choose to remain in the work force in the Corpus Christi area. Upload a Resume Demographics Gender 17 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? CYes (7No Does your employer or your spouse's employer have a City contract? ✓ 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? ✓ 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 Deborah Sherrill Page 2 of 4 Do you or your spouse have a pending claim, lawsuit or proceeding against the City? c 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) 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. I Agree Deborah Sherrill Page 3 of 4 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 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. Pr I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. pr I Agree Deborah Sherrill Page 4 of 4 Deborah Sherrill • 4530 Townsend Street ♦ Corpus Christi, Texas 78415 • 361-232-9994 PROFESSIONAL SUMMARY Results -oriented Project Executive with forward thinking and resourceful approach to managing complex projects in the Housing and Community Development Industry from project inception to completion. Quality -driven and deadline focused coordinator. Successful in establishing project procedures and conducting budget and proforma reviews. A detail -oriented and methodical worker adept at initiating documents revisions, project reviews, and processing change orders. Demonstrated talents in areas of development, renovations, contract administration, procurement, accounting, finance and budgeting, and all phases of Housing and Community Development. Offering thirteen (13) years of experience and strong organizational skills. SKILLS • Team Liaison • Project Management • Budget and Finance • Government Contracting • Procurement, i.e. All bidding processes WORK EXPERIENCE Skilled in Microsoft Office Subcontractor oversight Internet research Start to finish multifamily construction Dependable and reliable 06/25/05 to 12/07/18 Corpus Christi Housing Authority, Texas Sr. Vice President Housing/Community Development • Manage individual projects for product lifecycle development. • Assisted various business groups with document organizations dissemination during acquisitions • Analyze the financial and feasibility of complex housing development proposals to develop affordable and mixed income housing. • Prepare and analyze financial proformas, including tax credits, tax-exempt bonds, and public and private funds. Submit and code purchases orders in Yardi system. • Negotiate development transactions with developers that involve Agency agreements including land acquisition, loan grant agreements and other legal documents. • Prepare inter departmental correspondence and regulatory reports and letters. • Prepare Procurement Items as needed i.e. Request for Qualifications, Request for Quotes, and Invitation for Bids. Review contracts, write contracts, and review /approve change orders as needed. • Interact with legal staff and outside legal counsel to generate development agreements, ground lease, loan agreements, regulatory agreements and other legal related documents. • Work in partnership with the Construction Department/Team to determine project budgets, construction schedule/timeline, and schedule monthly payment draws. Procure and select architect, and general contractor. Execute and reviews contracts, construction draws, inspection reports, and monitor construction activities. • Worked directly with Sr. Vice President Staff, Legal Firms, Lenders, Syndicators, U.S. Department of Housing and Urban Development, Texas Department of Housing and Community Affairs, Local City Staff, Architects/Engineers, Contractors, and all Third Party vendors to achieve project development completion. • Process general contractor/subcontractor's payment applications. Keep files up to date with performance and payment bonds, insurance requirements, and weekly payrolls. • Engage third party reports for each project as needed. Provide customer service to internal and external customers. • Engage Bahia Properties Inc. to develop management plans and agreements, occupancy standards, and asset management activities. • Respond to financial, operational, and technical questions on an ongoing basis throughout the application cycle as well as the compliance period. • Establish and supervise the maintenance of a variety of standard and computer files, and files for each project. Maintains confidential data and information. • Ensure compliance with Federal, State, and Local regulations. WORK EXPERIENCE (CONTINUED) 01/10/04 to 06/24/05 Corpus Christi Housing Authority, Texas Capital Fund and Creative Finance Coordinator • All job duties of the Capital Fund Coordinator. • Project financing, project leveraging, acquisition of real properties and the development process of single and multi -family housing. • Project Coordinator for Tax Credit Elderly development. • Project Coordinator for Federal Home Loan Bank Grant Application and City of Corpus Christi "HOME" Grant. • Analyze the financial and feasibility of complex housing development proposals to develop affordable and mixed income housing. • Prepare and analyze financial proformas, including tax credits, tax-exempt bonds, and public and private funds. • Negotiate development transactions with developers that involve Agency agreements including land acquisition, loan grant agreements and other legal documents. • Analyzed departmental documents for appropriate distribution and filing. • Researched and updated all required documentation needed for each project. • Entered details such as payments, account information and call logs into the computer system. • Obtained documents, clearances, certifications, licenses, bonding, for each project as needed. • Copied, logged, and scanned supporting documentation 09/01 to 01/04 Corpus Christi Housing Authority, Texas Capital Fund Coordinator • Made arrangement for regular and specials meeting for the Construction Department, Capital Fund Division. • Receive correspondence and reports submitted to the Director of Construction. • Establish and maintain a variety of standard and computer files for letter, memorandums, reports, and other documentation. • Review progress payment request for Section 3 Compliance, Davis -Bacon Prevailing Wage Determination, and evaluates over all project contract compliance. • Prepare advertisements for invitations for bid, prepare solicitations in accordance to contract/procurement regulations and appropriate terms, clauses and conditions/regulations, prepare pre-bid meeting agendas and assist in pre-bid meetings, assists in bid opening, evaluate responses to solicitations for compliance of terms, clauses and conditions, review and compare cost analysis to determine cost reasonableness and compliance with terms and conditions of the solicitation. • Update Performance and Evaluation Report monthly. Provide month end grant totals to accounting, total expenditures and total obligations. • Maintain a continuous voucher register of total expenditures for each capital fund grant. • Prepare all HUD and PHAS required reports. WORK EXPERIENCE (CONTINUED) 09/00 to 09/01 The Housing Authority of the City of Corpus Christi, TX Accounting Technician • Prepare bi-weekly payroll for 95 employees. • Prepare quarterly payroll taxes, W -2's and 941's. • Maintain vacation and sick leave records. • Reconcile various accounts; i.e. retirement, child support, and health and life insurance. • Back up for Accounts Payable • Management of salary allocations for fiscal year budget. • Maintain strong communications with all managers, directors, and executive office. • Set up and updated customer accounts with interactions, payments and personal information. 10/99 to 09/00 C.C.I.S.D., Mary Carroll High School, TX Media Specialist • Assist students with research; check in/out library books, TV's, VCR's, and tape recorders. • Collect late fees, shelve books, and provide assistance as needed. 09/98 to 07/99 Association of Texas Professional Educators (ATPE), TX Accounting Assistant • Process batch shortages and overages. Code invoices for accounting purposes using chart of accounts for coding invoices. • Prepare and precess ISD, local, member, membership application batch and GL payments for deposit. • Maintain manual posting ledger, control reports, and advertising accounts. • Maintain return checks, write journal entries, and reply to all correspondence. • Maintain ledger of deposit accounts with the post office. • Maintain files, file indexes, and filing systems. • Reconcile local and member accounts at month end. Prepare monthly Texas Sales & Use & MTA Tax Report. • Back up personnel and payroll. EDUCATION Texas A&M University Corpus Christi -Bachelors of Science 2003 Mary Carroll High School -Diploma 1986 ACCOMPLISHMENTS • October 2018 Received 1.7 million in disaster recovery grant funds for the Housing Choice Voucher Program for the Corpus Christi Housing Authority • October 2018 Received Mainstream Voucher Grant for the Corpus Christi Housing Authority, approximately $360,621.00 • 2017 Completion of the Demolition/Disposition Application for D.N. Leathers II Property for the Corpus Christi Housing Authority. • 2017 Received Operating Fund Finance Program Funds in the amount of $ 3,355,000 for the Corpus Christi Housing Authority. • December 2016 -May 2018 Completion of the Rental Assistance Demonstration (RAD) Conversion of the entire portfolio of the Corpus Christi Housing Authority, 1,714 public housing units converted to Project Base Voucher Program. • August 2014 Community Development Block Grant -New Construction of a Playground at La Armada II • October 2014 Community Development Block Grant -Construction of concrete drive at Navarro Place • November 2011 New Construction Tax Credit development completed, Corban Townhomes, 128 units • December 2008 Rehabilitation of a Tax Credit development completed, Hampton Port Apartments, 110 units • May 2008 New Construction Tax Credit development completed, Sea Breeze Senior Apartments, 200 units PROFESSIONAL AFFILIATIONS • Dec 2016 -May 2018 Completion of the Rental Assistance Demonstration (RAD) Conversion of the entire portfolio of the Corpus Christi Housing Authority, 1,714 public housing units converted to Project Base Voucher Program. • 2015-2017 Served as Vice President of Commissioners for the Texas Chapter of the National Association of Housing and Redevelopment Officials (TX NAHRO) • 2013-2015 Served as Vice President of Community Revitalization and Development for the Texas Chapter of the National Association of Housing and Redevelopment Officials (TX NAHRO) • 2013-2018 Served on the Southwest NAHRO and National NAHRO Community Revitalization and Development as a Committee Member. • 2011-2013 Served as a Board of Director for the Texas Chapter of the National Association of Housing and Redevelopment Officials (TX NAHRO) • 2009-2011 Served as a Board of Director for the Texas Chapter of the National Association of Housing and Redevelopment Officials (TX NAHRO) • 2007-2009 Served as Vice President of Community Revitalization and Development for the Texas Chapter of the National Association of Housing and Redevelopment Officials (TX NAHRO) CITY OF CORPUS CHRISTI Submit Date: Oct 08, 2018 Application for a City Board, Commission, Committee or Corporation Profile Marlena First Name Email Address 14842 DasMarinas Dr. Street Address Corpus Christi City What district do you live in? * FJ District 4 Current resident of the city? t: Yes r No 55 If yes, how many years? Home: (361) 949-3349 Primary Phone self Employer 14725 S Padre Island Dr Work Address - Street Address and Suite Number Corpus Christi Work Address - City TEXAS Work Address - State 78418 Work Address - Zip Code Work E-mail address Marlena LAsocar Wilson L Middle Initial Asocar Wilson Last Name Mobile: (361) 442-0749 Alternate Phone Realtor Job Title TN State 78418 Postal Code Page 1 of 5 Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted BUILDING CODE BOARD OF APPEALS: Submitted CIVIL SERVICE BOARD: Submitted COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted ETHICS COMMISSION: Submitted HOUSING AUTHORITY: Submitted NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted Interests & Experiences Are you a registered voter? ? Yes r No Education, Professional and/or Community Activity (Present) Gracehouse - Teacher/Mentor STCHM - Speaker Victorious Women of GOD -SRC Why are you interested in serving on a City board, commission or committee? I am interested in Public Service Upload a Resume Demographics Gender W 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 0 No 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 0 No Marlena LAsocar Wilson Page 2 of 5 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 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) 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? Fl None of the above Question applies to BUILDING CODE BOARD OF APPEALS The Building Code Board of Appeals must include representatives from certain categories. Do you qualify for any of the following categories? * 17 None of the above Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided in the City for at least 3 years? r Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? ✓ Yes Pr No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? Yes r No Marlena LAsocar Wilson 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? * Pr None of the above Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (For NCAD) Are you a resident and qualified elector* of the District (Nueces County)? 6' Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (NCAD) Have you resided in the District for at least 2 years? 6. Yes r No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? 6* Yes r No Verification Marlena LAsocar Wilson 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. p 1 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. 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 1 Agree Marlena LAsocar Wilson Page 5 of 5 Marlena L. Asocar-Wilson. 14842 Dasmarinas Dr. 1 361 442-0749 Objective: To obtain an Administrative position with a focus on Project Management and career growth. Personal Statement: I possess a very strong work ethic, take pride in the work I complete, and I have an ability and eagerness to learn new skills, methods, and techniques in many environments. Summary of Qualifications: • Possess over 8 years of administrative, sales and customer service experience. • Administrative Support for multiple Sr. Project Managers, Engineers or company Directors. • Versatile and motivated and can perform diverse tasks and respond to needed changes in high volume situations • Can handle correspondence/calls and responds with recommendations, general responses or routing. Prepares correspondence with the use of appropriate shipping methods • Excellent interpersonal communication and relationship building skills. Listens attentively and can communicate persuasively. Can interact effectively with all levels of management, co-workers, and customers. • Expertise in troubleshooting and promptly resolving routine and complex problems according to company standards and procedures. • Maintenance and management of multiple calendars consisting of internal and external meetings, speaking engagements, travel arrangements and other events • Preparation, assembly, review, and verification of various documents and/or forms including composing routine reports and/or maintaining highly confidential files, report, or drawings • Maintains and updates office files, records, logs or data bases including suspense systems and a wide variety of automated systems in support of personnel, inventory, archiving, contracts and correspondence. • Assist in development of meeting materials for internal and external use • Skilled in training new employees, the hiring process, and the Interview process • Performs research, and distributes information through the use of telephones, mail and e-mail. • Computer proficiencies include: Microsoft Word, Excel, Power Point and Outlook skills are above average. Beginning Microsoft Publisher skills. Proficient knowledge of SharePoint and Oracle • Excellent oral communication skills • Competent in the use of the rules of Standard English grammar, including spelling, capitalization, punctuation • Orders, stocks, and/or distributes office supplies. • Bilingual, Self- Starter and Self -motivated Works under minimal supervision and is well versed in the importance of confidentiality. • Highly experienced in the cataloging of documentation of files for Archiving and closeout procedures. • Prepare and edit detailed information for the company newsletter to publish on the intranet. Certifications: Notary Public State of Texas Commission Expires: 01/25/2019 Education: South Texas School for Christian Studies Corpus Christi, Texas 2009 Job History: CH2MHILL, INC. - August 2012 - May 2016 Facilities Operations which includes any maintenance or repair to lease space and documentation of AP invoicing and all company credit card transactions. Report office issues to building management and apply the appropriate action. Answer phones and correspondence and respond with appropriate recommendation or response. Greet visitors, other engineers, sub -contractors and alert proper party. Maintain and order supplies for office and remote offices. Assist staff with project related documents and clerical duties, compile reports and project Request for Proposals, Requests for Information, submittals, and Statement of Qualifications. All files are highly confidential and contain sensitive materials and drawings. Assist firm wide lead with the Engineers application for TXDOT. Archive and retrieve project information. Facilitate events and coordinate with caterers and or vendors, including preparation and clean up. Organize emergency materials and power point presentation to facilitate drills. Maintain lobby and kitchen in presentable, efficient, clean and safe manner including appliances and greenery. Upload all payments in Oracle, process and approve. Administrative support tasks for several engineers and project assistant. Expense management for myself and others. Facilitate and coordinate all client meetings both internally and with subcontractors or clients. Organize and coordinate agendas, attendees, and logistics for meetings proactively manage a complex calendar of internal and external meetings, speaking engagements and other events including travel arrangements. New employee orientation including 19 online support and processing new hire paperwork and route to correct internal departments Gather information and create articles for quarterly newsletter in publisher. TRG Field Solutions -Business Administrator Nov, 2008 - April, 2009 Responsible for assisting the City Manager in the market to ensure the office is fully staffed, documented and effective in this region. Multiple spreadsheet dead -Tines, and payroll, reporting, internal auditing, new Hire process and training of all new employees, recruiting, Report office issues to building management and apply the appropriate action Knowledge and expertise of all company policies and procedure, Tracking and maintain records and reports for employee hours, absences, and all personal information. Worked closely with Texas Work Source, organized job fairs to recruit new applicants, and searched resume data base such as monster, yahoo for new applicants. Abbtech Staffing - Trusted Agent Nov 2007 - May 2008 Responsible for opening and setting policies and procedures for a new program under the Department of Homeland Security - Transportation Security Administration. Including set up of all computers, biometric machines, and the office floor plan. Data entry all personal information and verify identity of the applicant with the knowledge of legitimate legal documents. Obtain biometric information such as fingerprinting and iris scans. Position and photograph the applicant digitally. Process payments and troubleshoot any technical issues regarding machinery or computer information. Inventory and maintenance of all TWIC cards. Maintain logs of distribution and any problems regarding the distribution and pick up of the new cards. Card Issuance and card revocation. Knowledge and explanation to new applicants regarding the federal laws prescribed to obtain the TWIC card. Self - Realtor October 2005 - present Assist in buying, selling and renting of Real Estate, Negotiate pricing and navigation of the property market. Read and analyze all inspection reports with explanation to other agent and client, forward to loan officer and closing officer. Prepare and provide comparative market analysis on properties in the area.. Maintain and manage a website. Produce flyers, email notifications and greeting cards. Advertising and marketing of myself and listed properties. Familiarize myself thru continuing education and research the neighborhoods, new policies current and new builders. Knowledge of zoning, expansions and districts of the area. Excellent problem solving skills are required throughout the process of a purchase. Contract negotiation expertise. SBC -Service Representative November 1999 - April 2002 Monitoring and Distributing Funds that are available to all School Districts and Libraries in the five state area. Responsible for issuing and calculating the exact amount of credit for up to 100 - 150 accounts. Assist the client in preparing all paperwork and documentation needed for this government project. Instrumental in developing new spreadsheets to balance and verify each phone, dsl, t1 or t3 line was being credited properly each month. Maintain records of the following balances and credits. Answer and troubleshoot any and all questions regarding this credit or process to obtain credit. Provided technical support and billing adjustments to all DSL customers AWARDS: 2013 and 2014 - Reward and Recognition / Above and beyond Client and employer expectations - CH2MHILL, INC TOOLS AND MATERIALS: Microsoft Word, Excel, and Outlook. 10 key by touch, Zip Forms, MLXchange data base, Oracle, lexpense, abacus, copier, stamp machines, typewriter, calculator, fax machine, credit bureaus, legal contracts for real estate and personal injury, maps, voicemail systems, websites for appraisal districts and criminal backgrounds Use of my own website maintaining and updating. ADDITIONAL SKILLS: Data Entry, Expense reports, Spanish Fluency, Schedule Management, Problem Solving, Adaptability, Collaboration, Strong Work Ethic, Time Management, Critical Thinking, Self - Confidence, Handling Pressure, Leadership, Creativity, Meeting preparation, vendor procurement, and travel and expense arrangements. REFERENCES: Sidney A. Faas Bill Portwood Amanda Patterson Pauline Rangel CH2M Hill, INC CH2M Hill, INC Guild Mortgage Nueces Title Vice President Sr. Project Engineer Sr. Loan Officer Branch Manager 361 947-1318, 361 888-8100 361 815-1406, 361 792-2021 972 375-2452, 361 949 0203 361 480-8608, 361 992 1213 LANDMARK COMMISSION *Four (4) vacancies with terms to 11/20/2021, representing the following categories: 1 - Regular Member, 1 - Real Estate. 1 - Historian and 1 - Title Search (Note: Staff is recommending the postponement of 1 - Real Estate for further recruitment.) Composition Eleven (11) members nominated by individual City Council Members and appointed by a majority vote of the Council. Insofar as possible, the numerical composition shall correspond to the ethnic, gender, and economic distribution of the City according to the last Federal Census report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. Representation of the following competencies shall be appointed as members to the commission: Two (2) historians, one (1) licensed real estate salesperson, (1) registered architect, one (1) structural or civil engineer, one (1) person knowledgeable in title search and/or property surveyor and five (5) other members. No one profession will constitute a majority of the membership. All terms for three years. Name Term Appt. date End date Appointing Authority Position Status Category Attendance *Randy J. Dees Sr. 1 4/19/2016 11/20/2018 City Council Seeking reappointment Regular Member 4/5 meetings 80% *Denise Gallimore 1 4/19/2016 11/20/2018 City Council Not seeking reappointment Real Estate *Matt Martini 1 N/A 11/20/2018 City Council Resigned Title Search *Christine Reiser Robbins 1 5/10/2016 11/20/2018 City Council Seeking reappointment Historian 4/5 meetings 80% Ira J Freeman AIA 1 2/14/2017 11/20/2019 City Council Architect Lisa A. Garza 1 2/14/2017 11/20/2019 City Council Regular Member Jillian Becquet Partial 3/24/2015 11/20/2020 City Council Chair Historian Kathleen de la Garza 1 7/17/2018 11/20/2020 City Council Regular Member Bert Rucker Jr. 1 9/9/2014 11/20/2020 City Council Regular Member Bryan E. Stone 1 7/17/2018 11/20/2020 City Council Regular Member Craig Thompson 1 9/9/2014 11/20/2020 City Council Engineer LANDMARK COMMISSION Application List Name District Category Kelly Ellis District 2 Regular Member Rachel P Gomez District 5 Regluar Member Monica Rawlings District 5 Title Search CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Feb 04, 2018 Profile Kelly First Name Email Address 442 Del Mar Blvd Street Address Ellis Last Name Corpus Christi TX 78404 City Slat.; Postal Gyre What district do you live in? V District 2 Current resident of the city? a Yes r No 19 yes- how many years? Mobile: (361) 779-5955 Primary Phone Edward Jones 5830 McArdle #5 baark Address Strem Addressrd Saae aoE Corpus Christi Work Address - Texas Work Address Stare 78412 WorAddress - Zip Code 361-992-5301 Work Phone kelly.ellis@edwardjones.com Work, E -maid address Business: (361) 992-5301 A.it_rrtra Pi•nl,e. Financial Advisor Kelly Ellis Page 1 of 4 Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? LANDMARK 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: Not at this time Education, Professional and/or Community Activity (Present) Master's Degree in Clinical Psychology Why are you interested in serving on a City board, commission or committee? Now that my children have grown, I would like to spend my spare time giving back to this community. I worked on the Board for the Texas Museum of Asian Culture for about 5 years and loved the experience. Due to kids getting to sports and social activities, I had to take a step back Demographics Gender rJ 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 Does your employer or your spouse's employer have a City contract? r Yes r: No Kelly Ellis 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 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? ✓ 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. NA Board -specific questions (if applicable) Question applies ,c LANDMARK COi',1NMIISSION The Landmark Commission must include representatives from certain categories. Do you qualify for any of the following categories? IV None of the above Kelly Ellis 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. 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. 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. 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 Kelly Ellis Page 4 of 4 CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: May 13, 2018 Profile Mrs Prefix Email Address Rachel Firs: Name 6010 Oriental Ave Street Address Corpus Christi Gay What district do you live in? * 17 District 5 Current resident of the city? 6- Yes r No 28 years I! yes. poen many year? P Gomez iMrddle Initial Las: Name Home: (361) 331-1433 Business: (361) 500-6800 Primary Phone Alternate Phone Caliber Home Loans Sales Manager r plsyer Jos Title 802 N Carancahua Ste.1850 Work. Address - Street Address 1ii e Nuineet Corpus Christi Work Address - City Texas Work Address - State 78401 Work Address - Zip Code 361-500-6800 Work Phone rachel.gomez@caliberhomeloans.com Work E-mail address TX 78414 Postal Code Mrs Rachel P Gomez Page 1 of 5 Preferred Mailing Address F? 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? a Yes C' 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. Demographics Gender tq 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 c No 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 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 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 c 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 auphos to LANDMARK COMMISSION The Landmark Commission must include representatives from certain categories. Do you qualify for any of the following categories? * IW 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? * IJ 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? c: 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? a• 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. 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. IW 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. IJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. IV 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 close sales. Utilized knowledge of staffing industry to work directly with key clients in the Medical, Technological, Telecommunications, and Software industries. Successfully ran office through meeting and exceeding monthly budgets by analyzing market trends as well as profit and loss statements Howroyd Group -AppleOne Employment Services 8/03 - 8/05 Account Executive/Branch Manager Austin, TX/Atlanta, GA Promoted from Account Executive to Manager in less than a year for efforts in recruiting and sales. Effectively led teams of Account Executives to excel in various regions with one becoming the highest producing branch. Trained and assisted in operating an efficient, profitable branch in accordance with projections, policies and procedures developed. Successfully drove two separate non-profitable branches to profitability through cold calling, sales and recruiting texhniques. Recognized for recruiting efforts and highest amount of permanent placements per quarter in the region. Recognized company wide for various achievements in sales and recruiting and attended CEO's annual reward trip at highest level of recognition. Managed payroll for staff, Analyzed profit and loss statements of branch and provided leadership to all employees. Texas Legislature - House of Representatives 8/01 - 08/02 Intern/Legislative Aide to the Honorable Vilma Luna Austin, TX Took temporary internship to learn from and assist member of the Texas House of Representatives. Provided direct support to the Representative. Handled all correspondence between the Representative and constituents, researching and addressing concerns. Issued press releases for the Representative and composed quarterly newsletter for the district. Updated and briefed Representative on current events and re -districting of state legislative territories. Formulated 41101041111001461001111104111***6 Statistics for 6010 ORIENTAL AVE CORPUS CHRISTI, 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 Application for a City Board, Commission, Committee or Corporation Submit Date: Aug 06, 2018 Profile Monica First Name. Ei ail Address 6210 Lago Vista Drive Street Address Corpus Christi City What district do you live in? * iJ District 5 Current resident of the city? r Yes r No 38 II yes. Pont: Many years? Home: (361) 688-6351 Primary Phone Rawlings Land Services LLC 6210 Lago Vista Drive Work Address - Street Address and tuber Corpus Christi Work Address - C=ty Texas Work Address - State 78414 Work Address - Zip Code Work E-mail address Preferred Mailing Address Home/Primary Address Rawlings Last Name Home: (361) 548-2009 ,aternate Phone Professional Landman Lcitt ?did TX State 78414 Postal Code Monica Rawlings Page 1 of 5 Which Boards would you like to apply for? LANDMARK COMMISSION: Submitted OIL AND GAS 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 not. Education, Professional and/or Community Activity (Present) I have a Bachelor Degree in English from Texas A&M University Corpus Christi. I have been a Professional Landman for 10 years in the oil and gas industry. I am also a licensed Life, Accident and Health Insurance agent currently contracted with United Healthcare. Why are you interested in serving on a City board, commission or committee? I grew up in Corpus Christi and so did my husband. I want good things for my city and for it to continue to flourish. Hopefully, I will get the opportunity to sit on the commission or committee that I am applying for so that I may utilize my business skills towards the betterment of Corpus Christi and make a difference. Upload a Resume Demographics Gender I" 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 r. No Monica Rawlings Page 2 of 5 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 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 r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. NA Board -specific questions (if applicable) Question applies to LANDMARK COMMISSION The Landmark Commission must include representatives from certain categories. Do you qualify for any of the following categories? * IW Title Search and/or Property Surveyor Question applies to OIL AND GAS ADVISORY COMMITTEE The Oil & Gas Advisory Committee must include representatives from certain categories. Do you qualify for any of the following categories? * IV Oil and Gas Well Industry Nominee Monica Rawlings 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. IW 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. IW 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. IV I Agree Monica Rawlings 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. IV I Agree Monica Rawlings Page 5 of 5 Monica M. Rawlings Phone: 361-688-6351 E -mai 6210 Lago Vista Drive Corpus Christi, Texas 78414 EDUCATION AND ACCOMPLISHMENT • Texas A&M Corpus Christi, 2008 Bachelor of Arts in English • Richard King High School, 1998 • AAPL Member #87887 • Texas Notary Public • Texas Life, Accident and Health Insurance License #2036022 EXPERIENCE Byrd Land Services, Inc. — January 2011 to Present Professional Landman • Mineral/Surface/Leasehold/Royalty courthouse title research in oil & gas fields including the Eagle Ford Shale, the Barnett Shale, and the Permian Basin • Prepared and examined sovereignty runsheets and abstracts • Examined Unit Wide Title Opinions in order to complete curative requirements • Prepared and acquired Oil, Gas and Mineral Leases, Stipulations of Interest/Cross Conveyance, Joint Operating Agreements, Division Orders, Production Sharing Agreements, Affidavits of Heirship, Affidavits of Identity, Affidavits of Use, Possession and Non -Production, amongst many other documents • Due Diligence and HBP research • Right -of -Way acquisitions • Generated Google Earth/Tobin maps and utilized Net Deed Plotter • Created Mineral/Surface/Royalty flowcharts • Conducted leasechecks • Lease analysis • Drafted Lease Purchase Reports and Mineral, Leasehold and Royalty Ownership Repo • Texas Railroad Commission research Premier Insurance Solutions USA — October 2015 to Present Insurance Agent/Broker • Meet with clients to explain and if they choose, enroll in Medicare Advantage Plans or Supplements • Present Medicare options at educational seminars • Coordinate and develop Medicare marketing events • Community Outreach with Catholic Charities, Metro Ministries, and the City of Corpus Christi, Community Action Agency • Develop working relationships with non-profit organizations such as the Food Bank of Corpus Christi Graymar Land Services — June 2010 to December 2010 Professional Landman • Surface title examination for seismic acquisition • Prepared surface ownership reports for numerous projects in the Eagle Ford Shale Posey Land Services — June 2009 to May 2010 Professional Landman • Researched, examined and prepared sovereignty runsheets/abstracts Generated Mineral/Surface/Royalty flowcharts Google Earth/Tobin maps Independent Landman — June 2008 to May 2009 • Oil, Gas & Mineral Title Research in natural gas plays in South Texas Jan L. Shephard, P.C. — January 2005 to January 2006 Legal Assistant • Data Entry • General File Clerk Duties • Secretarial Skills • Customer Service SKILLS • Capable in all Microsoft Suite applications; Google Earth, Quorum Land, and ACS Land Research Software. • Extensive experience in the use online title research sites such as Countyrecords.com, texasfile.com, Etitlesearch.com, and TitleX.com • Outstanding interpersonal skills • Vast experience in utilizing writing and analytical skills • Proficient in mineral, surface, leasehold and royalty title research • Use of software such as Smart Draw and Net Deed Plotter • Legal background • Superior internet research skills • Well -organized, efficient and thorough • Works well in a team environment and equally adept independently • Hard-working, dedicated, loyal and ethical REFERENCES • Beau Johnson of Cinco Energy Management Group, LLC — 713-419-1704 • James H. Byrd of Byrd Land Services, Inc. — 281-358-4240 • Thomas V. Yarnell of Byrd Land Services, Inc. — 832-767-8715 • Kathy Fleming of Fleming Land Services — 210-846-7201 • Kevin Harrison of Graymar Land Services — 512-263-7584 • Priscilla Wolf of Premier Insurance Solutions USA — 361-232-0101 LIBRARY BOARD * Four (4) vacancies with term to 11/05/2020 representing the following categories: 1 - La Retama Club and 1- Friends of Corpus Christi Public Libraries Board and 2 - Regular Members (Note: Staff is recommending the postponement of the Friends of the Libraries Board position for further recruitment.) Composition Nine (9) members of which seven (7) members shall be appointed for two-year terms by the City Council, one (1) member shall be nominated by the La Retama Club, and one (1) shall be nominated by the Friends of the Corpus Christi Public Libraries Board for a term of two -years. Each nominee must be confirmed by a majority of City Council Members. Name *Tom Krepel Term 1 Appt. date 1/24/2017 End date 11/5/2018 Appointing Authority City Council Position Status Seeking reappointment Category Regular Member Attendance 11/11 meetings 100% *Alice Nixon 1 6/14/2016 11/5/2018 City Council Seeking reappointment La Retama Club 11/11 meetings 100% Harris M. Worchel 1 N/A 11/5/2018 City Council Resigned Friends of the Libraries Board *Janis G. Wood 1 11/6/2018 11/5/2020 City Council Not seeking reappointment Regular Member Nicole Carroll 1 11/7/2017 11/5/2019 City Council Active Candace S Hart 1 9/20/2016 11/5/2019 City Council Active Vickie C. Natale 1 8/28/2018 11/5/2019 City Council Active Julie T Rogers 1 11/7/2017 11/5/2019 City Council Active Brian Solarek 3 11/12/2013 11/5/2019 City Council Chair Active Regular Member Name Sharron K Hines LIBRARY BOARD Application List District Category District 4 Ida A Hobbs District 5 1Regular Member CITY OF CORPUS CHRISTI Submit Date: Feb 02, 2018 Application for a City Board, Commission, Committee or Corporation Profile Ida A Hobbs First Name Middle Initial Last Name AlleiliMOOMMONI Email Address 15933 San Felipe Dr Street Address Corpus Christi Cy What district do you live in? * District 5 Current resident of the city? 6- Yes r No 12 yes bow many years? Home: (361) 867-1286 Primary Pidome Corpus Christi Medical Center 7101 SPID AcidrE,ss Street Address ad Saba Number Corpus Christi Address c,th TX Wort, Addrettdr3 - State 78412 Wm', Address - Zip Code ida.hobbsghcahealthcare.com Work E mad address Preferred Mailing Address IV Home/Primary Address Mobile: (361) 658-0784 .Ahd,-,,,Ad phone RN - Performance Improvement Reviewer Jdh TX 78418 State-. Postal Code Ida A Hobbs Page 1 of 4 Which Boards would you like to apply for? LIBRARY BOARD: Submitted PARK AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? f Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Previously served on Leadership Committee for Senior Services - 2 yrs as Chair. Termed out Education, Professional and/or Community Activity (Present) RN/BSN Volunteer in Dental Clinic of Timmon's Ministries Member Padre Island Baptist Church CASA Why are you interested in serving on a City board, commission or committee? Enjoyed my previous service on LCSS. Helps to be more in touch with city government Demographics Gender i 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 IdaA Hobbs 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? c Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r 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) Question applies to LIBRARY BOARD The Library Board must include representatives from certain categories. Do you qualify for any of the following categories? F.0 None of the above Verification Ida A Hobbs 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. • 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. ✓ 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, ✓ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree IdaA Hobbs Page 4 of 4 CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Apr 24, 2018 Profile Sharron First Name Email Address 3402 Ocean Dr. Unit 12 Street Address Corpus Christi Gay What district do you live in? * V District 4 Current resident of the city? r• Yes No less than a year IF yas. how many years? Home: (361) 687-7696 Primary Phone Retired retired Work Address - Street Add.., 5 ..n_r retired Work E-mail address K Hines Middle Initial Last Name Home: (361) 687-7696 Alternate Phase Engineering Technican Joie T tie Preferred Mailing Address IV Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted TX 78411 Male Postal code Interests & Experiences Sharron K Hines Page 1 of 4 Are you a registered voter? o. Yes r No Education, Professional and/or Community Activity (Present) Some College, Military Training Why are you interested in serving on a City board, commission or committee? To give back which I have been given so much. Demographics Gender iW 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 6. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r• No Sharron K Hines Page 2 of 4 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 LIBRARY BOARD The Library Board must include representatives from certain categories. Do you qualify for any of the following categories? V None of the above Verification Sharron K Hines 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. IJ 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. IV 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 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. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. IV I Agree Sharron K Hines Page 4 of 4 RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE *Seven (7) vacancies with terms to 06/16/2019, representing the fllowing categories: 1 - RSVP Volunteer, 1 - RSVP Volunteer Workstation representative and 5 - At -Large. (Note: Staff is recommending the postponement of 1 - RSVP Volunteer Workstation representative for further recruitment.) Composition The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1- RSVP Volunteer (active volunteer/ one (1) hour per month at a registered RSVP Volunteer Station), 1 - [RSVP Volunteer Workstation representative (executive, director or similar leadership position at a non-profit agency that operates a RSVP Volunteer Station), and 5 - At -Large. All terms shall be two (2) years. Name *Renee Hundley Term 1 Appt. date 9/30/2014 End date 6/16/2016 Appointing Authority City Council Position Status Seeking reappointment Category At -Large Attendance No meetings in 2018 *Sylvia Portales 2 1/8/2013 6/16/2017 City Council Seeking reappointment At -Large No meetings in 2018 *Abel A. Sanchez 2 9/11/2012 6/16/2017 City Council Not seeking reappointment At -Large *Dale D Berry 2 9/11/2012 6/16/2017 City Council Vice -Chair Resigned At -Large *Anne Bauman 2 9/11/2012 6/16/2016 City Council Chair Resigned At -Large *Rita Sonia Herrera- Padron 1 8/25/2015 6/16/2017 City Council Resigned RSVP Volunteer *Vacancy 1 N/A 6/16/2016 City Council RSVP Vol. Station RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE Applications Name District Category Connie Aaron District 3 RSVP Volunteer and At -Large Patti Anderson District 5 RSVP Volunteer and At -Large Joann Arevalo District 2 At -Large Mary Lou Cano District 2 RSVP Volunteer and At -Large Ruby C. Martinez District 4 RSVP Volunteer and At -Large CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Jan 23, 2019 Profile Ms Prefix Email Address 4017 Capri Street Address Connie First Name Corpus Christi City .. What district do you live in? * R District 3 Current resident of the city? l: Yes r No 66 If yes, how many years? Home: (361) 442-6027 Primary Phone 321 John Sartain St Work Address - Street Address and Suite Number Retired Work E-mail address Aaron Last Name Home: (361) 774-2576 Alternate Phone Which Boards would you like to apply for? TX 78411 State Postal Code RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? 6' Yes r No Ms Connie Aaron Page 1 of 4 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 If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Retired and Senior Volunteer Program Why are you interested in serving on a City board, commission or committee? I have seen the retired and senior volunteer program and want to be apart of this program as a volunteer and more Demographics Gender 17 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 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 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 Ms Connie Aaron Page 2 of 4 Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes 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 the questions Board -specific questions (if applicable) Question applies to RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE The RSVP Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? * l" RSVP Volunteer (Active Volunteer/one hour per month at a registered RSVP Volunteer Station) Verification Ms Connie Aaron 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. F7 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. 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. 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 Ms Connie Aaron Page 4 of 4 CITY OF CORPUS CHRISTI Submit Date: Aug 06, 2018 Application for a City Board, Commission, Committee or Corporation Profile Patti First Name Email Address 7734 Fox Drive Street Address Corpus Christi City What district do you live in? * p District 5 Current resident of the city? r Yes r No 25 If yes, how many years? Mobile: (361) 537-5901 Primary Phone retired Work Address - Street Address and Suite Number retired Work E-mail address Anderson Last Name Mobile: (361) 549-4562 Alternate Phone TX State Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE: Submitted 78414 Postal Code Interests & Experiences Are you a registered voter? rz Yes r No Patti Anderson Page 1 of 4 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) RSVP Volunteer: 8 hours per week at Veterans Clinic Why are you interested in serving on a City board, commission or committee? Now that I am retired, I am seeking ways to give back to my community. I have found the RSVP to be a worthwhile program. Upload a Resume Demographics Gender R 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 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 6' 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 (7 No Patti Anderson Page 2 of 4 Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r 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 answered No to all questions. Board -specific questions (if applicable) Question applies to RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE The RSVP Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? * rJ RSVP Volunteer (Active Volunteer/one hour per month at a registered RSVP Volunteer Station) Verification Patti Anderson 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. Fl 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 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 swear that all of the statements included in my application and attached documents, if any, are true and correct. R I Agree Patti Anderson Page 4 of 4 Pat Anderson Retired Person Giving Back, Loving Life 361-537-5901 Christi, Tx. 78414 Looking Forward, 7734 Fox Drive, Corpus Summary As a retired person, I am now seeking an opportunity to give back to my community through volunteer work. I welcome any opportunity to directly assist those in need or contribute to the success of charitable organizations as needed. Availability - 8 to 15 hours per week - Prefer Monday through Friday Skills & Abilities In my 47 years in the convenience store business, I developed skills in the areas of management, training and compliance. My greatest joy came from helping others to overcome obstacles and develop their skills. - managed teams of 2 to 20 employees - conducted classroom training sessions - extensive experience developing adult learning materials - proficient in Word, Excel and Power Point - built a reputation for reliability and professionalism Experience March 1993 - August 2016 SSP Partners/Stripes (now Sunoco), Corpus Christi, Tx - 2 years: Human Resources Compliance Manager - 19 years: Member of Training Team Trainer, Coordinator, Developer - 1 year: Credit Card Sales Manager - 1 year: Store Manager February 1971 - March 1993: Employed in the Convenience Store Business - Circle K in Phoenix and El Paso for 13 years - 7 -Eleven in El Paso and Austin for 10 years - Held positions as Store Manager (15 years), Auditor (5 years) and Area Manager (2 years) References Otis Peaks Otis.peaks@outlook.com; Phone: 361-244-0359 Former VP of Human Resources for SSP/Stripes Sam L Susser saml@susser.us; 361-883-6007 Former President of SSP/Stripes Anne Cooper Anne@susser.us; 361-883-6007 Administrative Assistant for Sam L Susser Page 2 CITY OF CORPUS CHRISTI Submit Date: Jan 09, 2018 Application for a City Board, Commission, Committee or Corporation Profile Joann Arevalo First Name Last Name Email Address 4437 Moravian Drive Street Address Corpus Christi City What district do you live in? * FJ District 2 Current resident of the city? c Yes r No 3 If yes, how many years? Home: (361) 271-9221 Primary Phone Business: (361) 8.54-4000 Alternate Phone Senior Outreach & Event La Costa Dental Center Coordinator Employer Job Title 4506 Kostoryz Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78415 Work Address - Zip Code 361-854-4000 Work Phone Joan narevalo@lacostadentalcc. net Work E-mail address TX State 78411 Postal Code Joann Arevalo Page 1 of 5 Preferred Mailing Address R Home/Primary Address Which Boards would you like to apply for? RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE: 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) Current active outreach work and planning with all City of Corpus Christi Senior Centers Why are you interested in serving on a City board, commission or committee? To make a difference for the senior and retired community of Corpus Christi area, to assist with all changes and help make it a better program. Provide my knowledge and experience. Upload a Resume Demographics Gender 17 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 Do you, your spouse, your business or your spouse's business have a City contract? r Yes No Joann Arevalo Page 2 of 5 Does your employer or your spouse's employer have a City contract? ✓ Yes 6' 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 cNo 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 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) Question applies to RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE The RSVP Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? * fq None of the above Joann Arevalo 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 1 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 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 Joann Arevalo 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. FT I Agree Joann Arevalo Page 5 of 5 JOANN LERMA AREVALO 4437 Moravian Dr. 1 Corpus Christi Texas 78415 1 361 271 9221 OBJECTIVE Obtain a position in Community Outreach/ Marketing with success. SKILLS & ABILITIES Customer Service, Marketing, Community Outreach, Sales, Bilingual Communication, Computer skills, Microsoft, outlook, other. EXPERIENCE Senior Community Outreach Coordinator, La Costa Dental July 2016 - Present Corpus Christi, Texas - Communicate with other community outreach programs, set up events for Seniors, work with Seniors on their needs for health, assist at all senior center for any community events, schedule all our marketing team for the events, maintain communicate with 3 office managers to better service the needs for the office, reports, office spreadsheets, other office needs, manage all other team members. Promo Event Supervisor, Dracko Merchandising Dallas, Texas - Maintain the communication with various clients to promote the clients merchandise, foods, and drinks. I hire all ambassadors for events, and schedule events with vendors and event locations, other various duties, including reports, and spreadsheets, all other duties as needed. 12/16 - Present Data Entry (Temp) , Humpal Physical Therapy Corpus Christi, Texas - Data Entry, enter all charges for 6 clinics, request information from clinics for billing, communication, customer services, organization of records, filing, and other duties as needed. 07/2016 - 12/2016 Benefit Specialist, Valence Health 04/2014 - 4/2016 Corpus Christi, Texas - Respond to members, provider, agent, broker inquiries, via telephone regarding health insurance benefits, eligibility and claims, analyze problems and provide correct information and solutions. Communicate monthly messages to providers on a specific needs basis. Deal tactfully and empathetically with customers. Patient Service Representative, Lone Star Circle of Care 5/2013 4/2011 - Austin, Texas - Provide Scheduling, assist with verification of patient insurance, scanning all patient information, verify all appointments, confirmation, cancellations, and reschedules. Maintain all medical records for all 28 clinics. Other duties as needed. Administrative Assistant III , Texas Real Estate Commission 06/2008 - 4/2011 Austin, Texas - Answer all inquiries from all agents, brokers, and public to provide accurate information to the public and licensees, assist in navigating through the website, respond to email inquiries within 24 hours and maintain a log of all calls received on the survey data sheet. Maintain a notebook to use as reference for all TREC and TALCB rules, laws, contracts, forms and procedures. Perform other duties as needed. EDUCATION Winford High School - Georgetown KY - Basic Courses University of Texas - Austin. TX - Health Information Technology Certification Program REFERENCES Joe Munoz Texas State University 512-423-0291 Lori Deanda Texas Real Estate Commission 512-797-3213 Tanya Lara Zavala Senior Center 361-793-1067 2 CITY OF CORPUS CHRISTI Submit Date: Apr 26, 2018 Application for a City Board, Commission, Committee or Corporation Profile Ms. Mary Lou Cano Prefix First Name Last Name 4610001161.1.111.06 Email Address 909 Campbell St. Street Address Corpus Christi City......... .. ...... _...... What district do you live in? * F7 District 2 Current resident of the city? Yes r No 70 If yes, how many years? Mobile: (361) 510-7535 Primary Phone N /A Work Address - Street Address and Suite Number N/A Work E-mail address Mobile: (361) 510-7535 Alternate Phone TX State Preferred Mailing Address pr Home/Primary Address Which Boards would you like to apply for? RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE: Submitted 78411 Postal Code Interests & Experiences Are you a registered voter? c: Yes c No Ms. Mary Lou Cano Page 1 of 4 Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) High School Graduate RSVP Church Activities Why are you interested in serving on a City board, commission or committee? I am hoping to enrich my life as well as those I serve in my community. Demographics Gender W 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 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 (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 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 o• No Ms. Mary Lou Cano Page 2 of 4 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 RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE The RSVP Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? * 17 RSVP Volunteer (Active Volunteer/one hour per month at a registered RSVP Volunteer Station) Verification Ms. Mary Lou Cano 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 1 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 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. W I Agree Ms. Mary Lou Cano Page 4 of 4 CITY OF CORPUS CHRISTI Submit Date: May 31, 2018 Application for a City Board, Commission, Committee or Corporation Profile Ruby First Name Email Address 210 Juniper Dr. Street Address Corpus Christi City What district do you live in? * FJ District 4 Current resident of the city? r-' Yes r No 65 If yes, how many years? Mobile: (361) 533-0627 Primary Phone n/a Work Address - Street Address and Suite Number n/a Work E-mail address C. Martinez Middle Initial Last Name Home: (361) 937-5338 Alternate Phone TX Stale Preferred Mailing Address R Home/Primary Address Which Boards would you like to apply for? RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE: Submitted 78418 Postal Code Interests & Experiences Are you a registered voter? e Yes r No Ruby C. Martinez Page 1 of 4 Education, Professional and/or Community Activity (Present) Ethel Eyerly Senior Center Flour Bluff School District AARP St. Paul's Catholic Church Why are you interested in serving on a City board, commission or committee? I enjoy serving and helping others especially seniors. In the 4 years that I have been in the Site Council I have planned fundraisers, special events, parties and helping those in need of assistants in paying for food, utilities, etc. Being there for emotional support and I love the smiles and hugs I receive back because of the hard work and dedication and long horns I put in. Upload a Resume Demographics Gender W 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? CYes 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? CYes 6.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 Ruby C. Martinez Page 2 of 4 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 RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE The RSVP Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? * Iv RSVP Volunteer (Active Volunteer/one hour per month at a registered RSVP Volunteer Station) Verification Ruby C. Martinez 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. pr 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. F7 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 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Ruby C. Martinez Page 4 of 4 210 Juniper dr. Corpus Christi, Tx 78418 361- 533-0627 RUBY MARTINEZ OBJECTIVE Being a caregiver for my disabled parents and in-laws along with long term care for my disabled and loving son for 29 years. PROFESSIONA ETHEL EYERLY SITE COUNCIL COMMITTEE PRESIDENT (2 YEARS) L VICE PRES. (2 YEARS) ACHIEVEMENT Food Bank - help started at EESC 2 years S Ambassador - for EESC 1 year Coordinated events such as our monthly senior dances, parties, and events for the senior center. Flour Bluff School District Shop with a Senior - I started the program for our seniors to interact with the Flour Bluff community 4 years up to this date. Flour Bluff Early Childhood Reading Program - 12-21 senior participants, 3-4 sessions 3 times a week. F.B. 4 - H Club - Pen Pal Program 17 senior participants 2 years Adopt a Class - Distribute food and goodies during the holidays AARP AT ETHEL EYERLY 2 years president and 2 years vice pres. Member of the National AARP lobbying Committee for Senior rights at the capitol. Shred Day and Health Fair VOLUNTEER ETHEL EYERLY SENIOR CENTER HISTORY 5 years FLOUR BLUFF SCHOOL 3 YEARS ST. PAUL'S CATHOLIC CHURCH 6 YEARS EDUCATION FLOUR BLUFF HIGH SCHOOL REFERENCES DEBORAH HENRY Retired Sr. Center Lead Ethel Eyerly (310) 463-6562 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 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 15, 2019 Action Item for City Council Meeting February 12, 2019 DATE: 12/18/2018 TO: Keith Selman, Interim City Manager KeithSe@cctexas.com 361-826-3898 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyBcctexas.com 361-826-3021 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Avanti at South Bluff to be developed by Avanti at South Bluff, LP. PURPOSE: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs' 2019 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi's Housing and Community Development Department has received a request for a Resolution to support the application and development of a development for affordable rental housing. The development is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs' (TDHCA) 2019 Qualified Allocation Plan's Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. Avanti at South Bluff, once constructed, will be an Affordable Housing Development located at 509 S. Carancahua St., Corpus Christi, TX 78401. Avanti at South Bluff, LP., proposes the construction of approximately 72 apartments which would serve families at or below 60% of the Area Median Income. The developer will be available to answer any questions to the City Council regarding their proposed application and project. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize one applicant over the other applicants competing in the Corpus Christi Region 10 Urban Category, but does acknowledge their application of support. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable 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: N/A RECOMMENDATION: Staff recommends that the City Council recognize the applicant's application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution — Avanti at South Bluff Presentation Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Avanti at South Bluff to be developed by Avanti at South Bluff, LP. Whereas, Avanti at South Bluff, LP. (the "Applicant") has proposed a development project to construct approximately 72 apartments to provide affordable housing that is located at 509 S. Carancahua St. and named Avanti at South Bluff ("Avanti at South Bluff Project"); and Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for 2019 Housing Tax Credits for the Avanti at South Bluff Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Avanti at South Bluff Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the proposed Avanti at South Bluff Project located at 509 Carancahua St., Corpus Christi, Texas 78401. PASSED AND APPROVED this day of , 2019 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas Joe McComb Mayor day of , 20 The above resolution was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith Affordable Housing Resolutions Council Presentation January 15, 2019 Housing Tax Credits • Administered by TDHCA • Competitive application process • Region 10 • Resolution of Support • Up to 17 points for a resolution(s) voted on and adopted by the governing body Overview Region 10 — Urban • Avanti at South Bluff At -Risk Category • Casa De Manana Apartments Avanti at South Bluff Developer — Avanti at South Bluff, LP. Units — 72 (demolition/reconstruction) Address — 509 S. Carancahua St. Corpus Christi, TX 78401 Population served —Seniors Avanti at South Bluff Up R� er Navigation ^ U 415dus1rua1 CiinaI (15 509 S Carancahua Sr Bear E 5 Casa De Manana Apartments Developer — TG 110 Units — 99 (demolition/reconstruction) Address — 4702 Old Brownsville Rd. Corpus Christi, TX 78405 Population served —Multifamily Casa De Manana Apartments s LL (4702 Old Brownsville Rd • r & 7 Questions AGENDA MEMORANDUM Future Item for the City Council Meeting of January 15, 2019 Action Item for City Council Meeting February 12, 2019 DATE: 12/18/2018 TO: Keith Selman, Interim City Manager KeithSe@cctexas.com 361-826-3898 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyBcctexas.com 361-826-3021 Resolution in support of an Affordable Housing development to satisfy the requirement set forth by the Texas Department of Housing and Community Affairs (TDHCA) CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Casa De Manana Apartments to be developed by TG 110. PURPOSE: The purpose of the Resolution is to satisfy a requirement set forth by the Texas Department of Housing and Community Affairs' 2019 Qualified Allocation Plan Section 11.9(d)(1) for Housing Tax Credits, which indicates that maximum points are given for a resolution from the Governing Body of a municipality (City of Corpus Christi) supporting the application for development. BACKGROUND AND FINDINGS: The City of Corpus Christi's Housing and Community Development Department has received a request for a Resolution to support the application and development of a development for affordable rental housing. The development is hereby requesting a resolution of support for their individual proposed development. The Texas Department of Housing and Community Affairs' (TDHCA) 2019 Qualified Allocation Plan's Section 11.9(d)(1) for Housing Tax Credits indicates that in order to receive maximum points for the application, a Resolution of Local Support must be provided by the Governing Body of the municipality supporting the application or development. Casa De Manana Apartments, once demolished and reconstructed, will be an Affordable Housing Development located at 4702 Old Brownsville Rd., Corpus Christi, TX 78405. TG 110., proposes the demolition and reconstruction of 99 apartments serving families at or below 60% of the Area Median Income. The developer will be available to answer any questions to the City Council regarding their proposed application and project. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not be competing with any project in the Corpus Christi Region 10 Category as it is solely competing in the At -Risk Category alongside other state project. The resolution acknowledges their application of support. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable 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: N/A RECOMMENDATION: Staff recommends that the City Council recognize the applicant's application for the TDHCA Housing Tax Credit Program and to support the proposed Affordable Housing Projects. LIST OF SUPPORTING DOCUMENTS: Resolution — Casa De Manana Apartments Presentation Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Casa De Manana Apartments to be developed by TG 110, Inc. Whereas, TG 110, Inc. (the "Applicant") has proposed a development project to demolish and reconstruct 99 apartments to provide affordable housing that is located at 4702 Old Brownsville Rd., Corpus Christi, Texas 78405 and named Casa De Manana Apartments ("Casa De Manana Apartment Project"); and Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for 2019 Housing Tax Credits for the Casa De Manana Apartment Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Casa De Manana Apartment Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges the support for the proposed Casa De Manana Apartment Project located at 4702 Old Brownsville Rd., Corpus Christi, Texas 78405. PASSED AND APPROVED this day of , 2019 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas Joe McComb Mayor day of , 20 The above resolution was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith 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: FROM: December 21, 2018 Keith Selman, Interim City Manager Daniel McGinn, AICP, CFM, Director, Planning and ESI DanielMc@cctexas.com (361) 826-7011 Rudy Betancourt, Director of Housing and Community Development RudyB@cctexas.com (361) 826- 3021 Resolution identifying a development in the La Molina — Near West Existing Conditions Report which will contribute to revitalization efforts. CAPTION: 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 PURPOSE: The purpose of the Resolution is to identify the proposed development of Casa de Manana Apartments as contributing most significantly to the concerted revitalization efforts of the La Molina — Near West Existing Conditions Report. BACKGROUND AND FINDINGS: On September 11, 2018 the City Council passed a Resolution approving the La Molina — Near West Existing Conditions Report for an area which is bordered by SH 358 and Saratoga Boulevard to the West, SH 286 to the East, Agnes Street to the North, and SH 286 to the South. In 2019, TG 110 Casa de Manana, LP is proposing a Housing Tax Credit project for Casa de Manana Apartments. Casa de Manana Apartments is located within the boundaries of the La Molina — Near West Area Existing Conditions Report. Per the Texas Department of Housing and Community Affairs (TDHCA) 2019 Qualified Allocation Plan guidelines, the proposed development could earn a maximum of two (2) points if the proposed development is explicitly identified by the Governing Body as contributing most significantly to the concerted revitalization efforts. The Casa de Manana Apartment development does contribute to the revitalization efforts in the La Molina — Near West area. ALTERNATIVES: None OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: Council approval is required for the passing of the resolution EMERGENCY /NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Housing and Community Development, Planning and ESI, Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital lip 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 RECOMMENDATION: Staff recommends adoption of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution La Molina — Near West Existing Conditions Report 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 Whereas, the City of Corpus Christi has considered the revitalization needs of the La Molina — Near West Area (the "Designated Area") and approved a Community Revitalization Plan (the "Plan") for the Designated Area on September 11, 2018; and Whereas, in furtherance of the community revitalization activities noted in the Plan, TG 110 Casa de Manana, LP and its affiliates (the "Applicant") propose to renovate an affordable housing development with up to 99 residential units (the "Affordable Housing") in the Designated Area, to be known as Casa de Manana Apartments; and Whereas, the Applicant proposes to apply for financing for the Affordable Housing, including Low Income Housing Tax Credits ("Tax Credits") from the Texas Department of Housing and Community Affairs ("TDHCA") pursuant to TDHCA's 2019 Qualified Allocation Plan (the "QAP"); and Whereas, the City supports the development of the Affordable Housing because of its experienced and anticipated community revitalization impact for the Designated Area; and Whereas, the Affordable Housing is the only applicant for Tax Credits in the 2019 competitive round that the City wishes to identify as contributing most significantly to the City's revitalization efforts in the Designated area pursuant to Section 11.9(d)(7)(A)(iv)(II) of the QAP. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the development of the Affordable Housing and has selected the Affordable Housing as the only proposed Tax Credit application for 2019 that contributes most significantly to the City's concerted revitalization efforts in the Designated Area. Section 2. This resolution shall become effective immediately upon its passage. The above resolution was passed 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 City Secretary Corpus Christi, Texas Joe McComb Mayor day of , 2019 EXHIBIT A La Molina -Near West Existing Conditions Report EXHIBIT A LA MOLINA-NEAR WEST EXISTING CONDITIONS REPORT INTRODUCTION The City of Corpus Christi is a beautiful bayfront community with a population of over 325,000 and one of the largest ports in the nation. As the City grows and continues to develop, it becomes increasingly important to ensure that certain older areas are not left behind to become blighted and detrimental to our residents. Over the past fifteen years, the City, school districts, and others have been planning and investing in the area referred to as La Molina -Near West, which is identified by the maps shown in FIGURES 1 and 2. These plans and investments have been intended to revitalize a deteriorating area of Corpus Christi. Despite a revitalization effort and a general understanding of the desired goals, a separate written report for the La Molina -Near West area has never been formally adopted. The purpose of this document is to identify the City's efforts to date along with additional recommended efforts needed to provide a framework for continued revitalization of the area referred to in this report as La Molina -Near West. Sources for investment in this area began with the Corpus Christi and West Oso Independent School Districts, which have provided quality education services in the area for decades. However, some schools in the area have struggled to achieve a met standard rating through the Texas Education Agency, which is what prompted the School District to increase school investments in the Revitalization Area. The City and School District utilized bond financing approved by voters in 2004, 2008, 2012, 2014, and 2018 for various improvement projects, including school improvements. These capital improvement investments are expected to continue for at least ten more years (until 2028) or until all current and future bond projects are complete. Other investments have been made from federal and state sources, such as the Texas Department of Transportation and the U.S. Department of Housing Urban Development (HUD). As the improvements have taken hold, the private sector has made increasing investments in the area as well. The infrastructure investments in schools and roadways planned or completed in the Area represent a concerted effort to revitalize the La Molina -Near West Area that has yet to be formalized through an official revitalization plan. The problems identified in this report have been identified through various citizen workshops related to the municipal bonds in which affected local residents had an opportunity to express their views on problems facing the area. Based on the nature of the revitalization occurring in the community, and to increase the potential for future investment, the adoption of this existing conditions report supports ongoing efforts by various entities to revitalize the La Molina -Near West Area. DESCRIPTION OF AREA The La Molina -Near West Area, otherwise referred to in this document as the "Revitalization Area", is represented by the map shown on FIGURE 1. The area is bounded by SH 358 (South Padre Island Drive) and Saratoga Blvd. to the West, SH 286 (Crosstown Expressway) to the East, Agnes Street to the North, and SH 286 (Crosstown Expressway) to the South. All or a portion of 1 EXHIBIT A seven different census tracts are included within the area, and it is comprised of three zip codes, 78405, 78416, and 78417. The La Molina -Near West Area has experienced a slight decrease in population within the last 18 years. In 2000, the population was 36,722, then in 2010 it was 36,551, and in 2016 it was 35,792, according to the U.S. Census Bureau. The racial and ethnic composition of the Revitalization Area is 85.7% White, 7.7% African American, 10% other race, and 2% two or more races. A majority of the population (89.5%) is of Hispanic or Latino origin of any race while only 10.5% of the population is non-Hispanic.1 The Revitalization Area includes all or parts of census tracts 8, 9, 10, 16.01, 16.02, 17.01, and 18.01. The median age in the Area is 35.4 years and 75.4% of the population is over the age of 18. The median household income is $35,152 and 29% of the population in the Revitalization Area has income below the poverty level according to the U.S. Census Bureau 2016 American Community Survey 5 -Year Estimates. Furthermore, the Revitalization Area encompasses the La Molina neighborhood (see FIGURE 1), which was the childhood home to the late Tejano music legend Selena Quintanilla. Thus, the area has significant cultural and historic value that is in the City's interest to revitalize. By adopting this document, the City of Corpus Christi is providing continued support for improvements in this historic neighborhood, to enhance quality of life in the area for current and future residents. CONSIDERATIONS IN IDENTIFYING THE AREA The Revitalization Area for this report has been identified based on several factors, including physical boundaries such as expressways or major thoroughfares, other boundaries such as zip codes and census tracts, the concentration of recently completed or planned development projects, and a desire to improve and/or revitalize the following areas: • • Infrastructure — Transportation, Drainage and Sewer. Several roads in the Revitalization Area are main arteries to the central business district of Corpus Christi. Streets such as Agnes Street, Old Brownsville Road/Morgan Avenue, Navigation Blvd., and Greenwood Drive connect the Revitalization Area to the central city. Each of these roads had fallen into disrepair, but received substantial improvements within the last ten years, including new asphalt, curb and gutters, sidewalks with ADA compliant ramps, RTA bus pads, utility improvements for storm water mitigation, and new signage and pavement markings. Other roads and side streets in the area will require similar improvements to prevent flooding and improve transportation within the Area. Social and Recreational Facilities. Many social and recreational facilities in the Area are older and have fallen into a state of disrepair; however, there has been an ongoing effort to revitalize many facilities. The largest recreational facility in the Area is the Gabe Lozano Golf Center, a 225 -acre public golf course that sits along the South side of Old Brownsville Road. The course received bond financing in 2004 for various improvements. Also, several 1 The U.S. Census Bureau considers race and ethnicity to be two separate and distinct concepts. Race is a person's self -identification with one or more social groups. An individual can be report as White, Black, or African American, Asian, American Indian and Alaska Native, Native Hawaiian and Other Pacific Islander, or some other race. Respondents may report multiple races. Ethnicity determines whether a person is of Hispanic origin or not. For this reason, ethnicity is broken out in two categories, Hispanic or Latino and Non -Hispanic or Latino. Hispanics may report as any race. 2 EXHIBIT A neighborhood parks identified in this report have received improvements within the last five years, but additional facility improvements are needed within the Revitalization Area to improve quality of life. ❖ Public Safety. Crime rates in the Revitalization Area vary depending on the neighborhood or corridor, but they are generally lower than the average crime rate for the City. The average crime rate for the City of Corpus Christi is 13% higher than the State average, which is 31.94% (per 1,000 residents). The La Molina -Near West Area is a relatively safe, family -friendly community, but several improvements have been made in recent years to increase public safety within the Revitalization Area. Improved lighting has been added along major thoroughfares, safe exchange places for online purchases have been established, and police patrols have increased in neighborhoods and parks. Continued revitalization of the Area and additional public safety improvements or programs is recommended to further enhance public safety in the Area. •:• •:• Housing & Blight. Many homes and businesses in the area are vacant, deteriorated, or have noticeable depreciation. Much of the housing stock and commercial structures are greater than fifty years old and are in significant disrepair. Many vacant properties have high grass, illegal encampments, broken windows and various other potential building/zoning code violations. In addition, nearly half (44.7%) of the total housing units in the Area are occupied by renters, which coupled with low incomes in the area, implies a demand for additional affordable rental housing. There has been an ongoing effort by the City to mitigate this issue, including in 2018 the City provided written support for the construction of three new proposed affordable housing developments in the Revitalization Area to receive Low -Income Housing Tax Credits worth approximately $16 million. Existing multi -family developments in the area may also be eligible to receive Low -Income Housing Tax Credits in the future, which would significantly contribute to revitalizing the area. Schools. There has been a significant emphasis on school quality in the Revitalization Area. The community has centered on improving the school system and schools, which include, Del Mar College's West Campus, West Oso High School, Moody High School, Cunningham Middle School, Garcia and Los Encinos Elementary Schools. Many of the schools in the Revitalization Area were old and in need of renovation when revitalization first began. Some improvements have been made, such as the roof replacement to Moody High School and the addition of Los Encinos Elementary, but additional work needs to be done to meet the educational needs of residents in the area. Access to quality schools is a critical component of community revitalization; therefore, the emphasis on school quality is critical to revitalizing this area. ❖ Public Services. The Revitalization Area is in need of improvements to Public Services, such as police and fire. Some improvements have been made to facilities outside of the Revitalization Area over the years, but there are a limited number of police and fire stations directly within the Revitalization Area. There are three nearby fire stations, one of which is within the area, and two nearby law enforcement facilities that are intended to serve the area (see FIGURE 1). However, area residents would benefit greatly from an additional police and/or fire station. The proposed 2018 bond allocates approximately $22 million for public facilities that may be used for an additional facility or upgrades to existing facilities. 3 • EXHIBIT A The provision of additional services would likely reduce crime and property loss in the Revitalization Area while also improving quality of life. Business Development. The economy in Corpus Christi is largely driven by oil and gas and tourism. However, access to retail and other employment is vital to improving economic opportunities for residents in the area. One of the largest employers in the area, a payment processing company called First Data, permanently closed in 2015, resulting in a loss of around 300 jobs according to media reports. The new Del Mar College Workforce Development Center and Emerging Technology building planned for the College's West Campus will contribute to economic development of the area, through workforce training, and is expected to support existing businesses in the area. By focusing on business development and workforce training for emerging technologies, the area will see a significant impact to economic and community development. TARGETED COMMERCIAL AND RESIDENTIAL REVITALIZATION The La Molina -Near West Revitalization Area has many residential and commercial properties in various levels of disrepair. These structures are in need of renovations or need to be completely demolished and reconstructed. Although the Revitalization Area desires to attract new commercial businesses and housing projects, the emphasis of this report is also concentrated on the renovation or demolition/reconstruction of existing older buildings and improvements to surrounding streets, sidewalks, and other public spaces. The opportunities for targeted commercial and residential revitalization are as follows: 1. Commercial — Attract new businesses and expand or improve existing businesses. 2. Residential — Because of the extent of the affordable housing portfolio resulting from previously depressed economic circumstances, the focus going forward is for continued rehabilitation and redevelopment of the existing housing stock, both multi -family and single-family, along with attracting and promoting market-based housing to the area. 3. Vacant properties — Working with property owners to maintain their properties and restore pride of ownership in residential neighborhoods. IMPROVEMENT PROJECTS AND PROGRAMS ALREADY COMPLETED IN THE REVITALIZATION AREA The following improvements and programs have already been completed or implemented in the Revitalization Area. The City and other entities have been working to improve the Revitalization Area over the last fifteen years and the projects listed below reflect more than $55 million of completed improvements. See FIGURE 2 for project locations. I. Infrastructure 4 Project #1: Street improvements to Cliff Maus Road from Old Brownsville Road to Bear Lane, and SH 358 to Rockford Drive. New sidewalks, pavement markings, and storm water drainage. Completed as of November 2017. Source of Funding: City of Corpus Christi 2004 Bond Funding Amount: $1,858,000 EXHIBIT A Completed Street Improvements to Cliff Maus Rd (Google Images) Project #2: Reconstruction of Greenwood Drive (phase 1) from Gollihar Rd to South Padre Island Drive. Included reconstruction with new asphalt, curb and gutters, sidewalks with ADA ramps, RTA bus pads, and underground utility for storm water mitigation, new signage and pavement markings. Completed as of November 2017. Source of Funding: City of Corpus Christi 2004 Bond Funding Amount: $2,760,000 Project Location (Photo from Corpus Christi City Council Presentation) Project #3: Street Improvements to Bear Lane from Old Brownsville Road to South Padre Island Dr. (SH 358). Complete as of November 2017. Source of Funding: City of Corpus Christi 2008 Bond Funding Amount: $4,200,000 Completed Improvements to Bear Lane (Google Images) 5 Project #4: Reconstruction of Greenwood Drive (phase 2) from Gollihar to Horne Road. This phase involved the reconstruction of the western portion of Greenwood Drive to a five -lane road with four travel lanes and a continuous left turn lane. Completed in April 2018. Source of Funding: City of Corpus Christi 2012 Bond Funding Amount: $4,808,000 EXHIBIT A Completed Greenwood Drive Reconstruction (Photo from City of Corpus Christi) II. Recreational Project #5: Facility and grounds improvements to Gabe Lozano Golf Course. Work completed as of November 2017. Source of Funding: City of Corpus Christi 2004 Bond Funding Amount: $2,756,000 Gabe Lozano Golf Course After Renovation (Photo from lozanogolfcenter.com) Project #6: Construction of Greenwood Softball Complex. Includes a clubhouse and four softball fields. Completed as of November 2017. Source of Funding: City of Corpus Christi 2008 Bond Funding Amount: $2,450,000 Completed Greenwood Softball Complex (Google Images) 6 EXHIBIT A Project #7: Addition of new hike and bike trails at Dr. Hector P. Garcia Park (Greenwood Park) to increase health and mobility in the Area. Improvements completed in May 2017. Source of Funding: Corpus Christi Metropolitan Planning Organization Funding Amount: $310,500 Map of Hike/Bike Trails (Photo from Corpus Christi City Council Presentation) Project #8: Improvements to Westhaven Park on Cliff Maus Drive were completed in September 2017. Improvements included a new walking trail, a multipurpose sports field, new exercise equipment, new lighting, and a new park sign. Source of Funding: Nueces County and City of Corpus Christi Parks and Recreation Dept. Funding Amount: $300,000 New ADA compliant playground at Westhaven Park (Photo from Caller -Times) III. Public Facilities Project #9: Greenwood "Ben F. McDonald" Library remodel & facilities improvement. Construction completed as of November 2017. Source of Funding: City of Corpus Christi 2008 Bond Funding Amount: $1,500,000 BEN P. McDONALD PUBLIC LIBRARY CORPUS CHRISTI LITERACY COUNCIL Remodeled Ben F. McDonald Public Library (Photo from www.cclibraries.com) 7 EXHIBIT A Project #10: Greenwood Wastewater Treatment Plant improvements to reduce nuisance odors and risk of flooding, including the purchase of an Eco - Filter system for odor control and an ultraviolet (UV) electrical system to maintain TCEQ compliance standards. Construction began July 2016 and completed in October 2017. Source of Funding: City of Corpus Christi Capital Improvement Program (CIP) Funding Amount: $2,204,800 Greenwood Wastewater Treatment Plant Eco -Filter (Photo from City of Corpus Christi) Project #11: Construction of new wastewater lift station near the intersection of West Point Road and Old Brownsville Road to serve development in the area. Project was completed in 2017. Source of Funding: City of Corpus Christi Capital Improvement Program (CIP) Funding Amount: $1,200,000 W Point Rd Wastewater Lift Station (Google Maps) IV. Housing Project #12: Construction of Buena Vida Senior Village apartments located at 4650 Old Brownsville Rd. The apartments have 100 affordable units funded by Low -Income Housing Tax Credits awarded in 2008. Construction completed in 2010. 8 Source of Funding: Texas Department of Housing and Community Affairs (TDHCA)/Private Funding Amount: $9,462,975 EXHIBIT A Buena Vida Senior Village Residences (Photo from www. buenavidaseniorvillage.com) V. Schools Project #13: Construction of new Los Encinos Elementary School on Frio Street East of Greenwood Drive. Completed in September 2017. Source of Funding: Corpus Christi Independent School District 2014 Bond Funding Amount: $22,800,000 RESENEV PAMAIMG Completed Front Entrance (Photo from CCISD 2014 Bond Update Presentation) Project #14: Moody High School Roof Replacement. Project completed December 2017. Source of Funding: Corpus Christi Independent School District 2014 Bond Funding Amount: $2,851,798 Moody High School Completed Roof Replacement (Google Images) IMPROVEMENTS AND PROGRAMS PLANNED FOR THE REVITALIZATION AREA 9 EXHIBIT A The following improvements and programs are proposed or planned for the Revitalization Area. Over $54 million of improvements are expected to be implemented in the next three to five years. See FIGURE 2 for project locations. I. Infrastructure — Street & Highway Improvements Project #15: Source of Funding: Funding Amount: Project #16: Source of Funding: Funding Amount: Project #17: Source of Funding: Funding Amount: II. Schools Project #18: Source of Funding: Funding Amount: Street and sidewalk reconstruction and improvements to Gollihar Road between Greenwood Drive and SH 286 (crosstown expressway). Improvements include resurfacing, painting, and increased storm water management. Construction is targeted for completion by December 2021. City of Corpus Christi Proposed 2018 Bond $3,750,000 Street and sidewalk reconstruction and improvements to Frio Street/Dorado Street/Hacala Corridor between Greenwood Drive and Martin Street. Resurfacing and storm water management. Construction is targeted for completion by December 2021. City of Corpus Christi Proposed 2018 Bond $1,600,000 Reconstruction of SH 358 (South Padre Island Drive) to enhance safety and increase mobility, including ramp and signage improvements. The project encompasses a 5 -mile stretch of SH 358 from Leopard Street to SH 286 (crosstown expressway). Construction is targeted for completion by the fall of 2021. Texas Department of Transportation (TX DOT) $8,900,000 Del Mar College West Campus Improvements. Improvements include a new Workforce Development Center building, which will provide specialized training for employment in Coastal Bend industries, and an expansion of the West Campus Emerging Technology Building. The facilities will provide 24,000 square feet of additional instruction space to the campus. The project is currently under construction. Dell Mar College 2014 Capital Improvements Bond $23,400,000 10 EXHIBIT A Del Mar College West Campus New Workforce Development Center Front Entrance Rendering (Turner 1 Ramirez Architects) Del Mar College West Campus New Emerging Technology Building Expansion Rendering (GIGNAC 1 Architects) IH. Business Development Project #19: Source of funding: Funding Amount: IV. Housing Project #20: Construction of new Fairfield Inn & Suites at the corner of S. Padre Island Dr. and Old Brownsville Rd. (522 S. Padre Island Dr.). Based on the building permit filed with the City' Development Services Department, the hotel is targeted for completion by September 2018. Private Not identified The City of Corpus Christi determined a need for more affordable housing within the Revitalization Area. As a result, the City Council provided written support for three Low -Income Housing Tax Credit developments in the La Molina -Near West Area. TDHCA typically awards at least one project per year in Corpus Christi and Avanti at 11 EXHIBIT A Greenwood is the project which received a tax credit award on July 26, 2018. • Village at Greenwood, 81 -unit new construction located on Greenwood Dr. between Holly Rd. and Saratoga Blvd. • Avanti at Greenwood, 81 -unit new construction located on Greenwood Dr. between Holly Rd. and Saratoga Blvd. • Casa De Manana Apartments, 99 -unit reconstruction. Source of funding: Texas Department of Housing and Community Affairs (TDHCA) Funding Amount: $16,162,600 (avg. development cost per housing project) 12 EXHIBIT A CONTINUED PLANNING FOR THE REVITALIZATION AREA The improvements and programs described in this report are examples of previous and current activities implemented to revitalize Corpus Christi's La Molina -Near West community. However, the City will continue to create opportunities to establish programs, identify funding sources, or provide improvements that will revitalize the area, uplift the neighborhood and supporting area businesses to continue the cycle of improvement and avoid future deterioration. The City Planning Department will be working with the community to update the Westside Area Development Plan in Fiscal Year 2018-2019. ANTICIPATED RESULTS The initiatives described in this report will work towards reversing existing deterioration in the neighborhoods of the Revitalization Area, improve the aesthetics of the area, provide additional infrastructure for accessibility and development, increase the tax base, support existing businesses, and attract additional businesses, which will lead to increased economic opportunity for those living and working in the Revitalization Area. Each initiative in the Revitalization Area, whether already completed or planned for the future, supports a framework that will improve this area. By combining resources from the City, County, Federal, School District, and the private sector, the Revitalization Area will achieve major economic infusion. Because many of these resources have already been spent or allocated, the City is confident that the projects and programs will continue to be fully implemented as intended. 13 EXHIBIT A FIGURE 1 LA MOLINA-NEAR WEST REVITALIZATION AREA 14 EXHIBIT A FIGURE 2 LA MOLINA-NEAR WEST REVITALIZATION PROJECTS . rr F_ti vrp..11 Jro Miivu Rd DE -44.0, 8 i,41-ariizus Christi nyrtp s' N N 4 6. m b M of., Morgan Av r N 18 `4 rY • a 4 It r. o 12 a a �8 I x N y� 3 a _'' II P T. ��, �, % N19 ti s � 84 e.va: ,i6`, - ',,,,t,. 4 ‘ Ai a te•e 11 �,` ti � 15 17 %� 14 A 4gd4 d". . Ra 16 13 0 0.45 a.9 Aif 27 ae r.rIs •"Al J°r•�n Completed Improvements 1. Street improvements to Cliff Maus Rd. ($1,858,000) 2. Reconstruction of Greenwood Drive Phase 1 ($2,760,000) 3. Street improvements to Bear Ln. ($4,200, 000) 4. Reconstruction of Greenwood Drive Phase 2 ($4,808,000) 5. Improvements to Lozano Golf Course ($2,756,000) 6. Construction of Greenwood Softball Complex ($2,450,000) 7. Construction of new hike/bike trails ($310,500) 8. Improvements to Westhaven Park ($300, 000) 9. Greenwood "Ben F. McDonald" Library Remodel & Improvement ($1,500,000) 10. Greenwood Wastewater Treatment Plant Improvements ($2,204,800) 11. Construction of Wastewater Lift Station at W Point Rd. ($1,200,000) 12. Construction of Buena Vida Senior Village Apartments ($9,462,975) 13. New Los Encinos Elementary School ($22,800,000) 14. Moody High School Roof Replacement ($2,851,798) Planned Improvements 15. Street and Sidewalk Improvements to Gollihar Rd. ($3,750,000) 16. Street and Sidewalk Improvements to Frio/Dorado/Hacala Street Corridor ($1,600,000) 17. SH 358 (South Padre Island Drive) Reconstruction (TX DOT) ($8,900,000) 18. Del Mar College West Campus Workforce Dev. Center & Emerging Tech. ($23,400,000) 19. Construction of New Fairfield Inn & Suites (funding amount not identified) 20. Proposed new multi -family affordable housing ($/6,162,600) 15 AGENDA MEMORANDUM First Reading for the City Council Meeting of January 22, 2019 Second Reading for the City Council Meeting of February 12, 2019 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 Purchase of Impel Pumper and Impel Rescue Truck for Fire Department 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. 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 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 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 City Secretary Joe McComb Mayor Page 2 of 2 City of Corpus Christi Purchasing Division Buyer: Minerva Alvarado Price Sheet Impel Pumper and Impel Rescue Truck TLGPC 571-18 Purchase Cost: $1,580,000.00 Siddons-Martin Emergency Group Denton, TX ITEM DESCRIPTION QTY. UNIT UNIT PRICE EXTENDED 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 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: TO: November 26, 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 Becky Perrin, Interim Director of Parks and Recreation beckyp@cctexas.com (361) 826-3042 Professional Services Contract Restoration of SEA District Water Features (CIP - Type A) 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, Project No: E16458 (Page 1) 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 2) EP/CJ Legistar No.: 19-0017 REV:2 FINANCIAL IMPACT: ❑ Operatin ❑ 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 Project No: E16458 (Page 3) EP/CJ Legistar No.: 19-0017 REV:2 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 PROJECT BUDGET ESTIMATE Restoration of SEA District Water Features (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 a `► Gregory SCALE: N.T.S. Doyle ortland Ingleside NUECES BAY PROJECT LOCATION 0 4 -Op CORPUS CHRISTI INTERNATIO AIRPORT CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI 43 2444 36 FA EL kAAnor ,Project Number: E16458 Restoration of SEA District Water Features CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Restoration of SEA District Water Features (CIP -Type A) Corpus Chr sti Engineering City Council Presentation January 22, 2019 Project Location 1.40 Corpus Chrsti Engineering N SCALE: N.T.S. RESTORATION OF SEA DISTRICT WATER FEATURES CORPUS CHRISTI Bar Ta. woo WilveRSITY CORPUS cillarsn 2 Project Vicinity Corpus Chr sti Engineering RESTORATION OF SEA DISTRICT WATER FEATURES Project Vicinity 116.0% Corpus Chr sti Engineering RESTORATION OF S.E.A. DISTRICT WATER FEATURES WATER GARDEN FOUNTAIN FUTURE ABOVE GROUND PUMP HOUSE SCALE: N.T.S. Project Vicinity Corpus chr sti Enginr'ing Project Scope Corpus Chr sti Engineering 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 Corpus CYtr sti Engineering 2019 2020 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Design Bid / Award Construction Projected Schedule reflects City Council award in January 2019 with anticipated completion in February 2020. Corpus Chr sti Engineering Questions? 8 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 1 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 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 $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 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 - - _ _ _ - •- �_ _ 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 approvcd 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 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 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 maybe 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.eth ics.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 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' 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. pavement section. 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. 1) 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 1 of 8 Revised November 26, 2013 p) q) r) s) 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. Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. Submit computer model file, results and calculations used to analyze drainage. 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. 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 assesment. 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 NE 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. 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 2 of 8 Revised November 26, 2013 Bayfront Park Fountain and Wind Turbines storm water, water and wastewater systems within the projcct 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-con-struction phasing plan sheets, traffic control plan, work zonc pavcmcnt markings and signagc (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 3 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 NE 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 NE'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) Acist 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 4 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 rccommcnd 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 NE 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 5 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. I. 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 6 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 7of8 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. EXHIBIT A Page 8of8 Revised November 26, 2013 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 1 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 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. RESTORATION OF S.E.A. DISTRICT WATER FEATURES EXHIBIT `A-1' City of Corpus Christi Page 2 of 2 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/hr) Project Consultant: CAD Technician: Clerical: Other — specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with 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 1 Rev 04/17 and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of 2 Rev 04/ 17 coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Rev 04/ 17 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1— Definitions and Terminology 2 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. 1. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14 — PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 16 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18 — SUSPENSION OF WORK AND TERMINATION ARTICLE 19 — PROJECT MANAGEMENT ARTICLE 20 — PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 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 S. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work 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 Future Item for the City Council Meeting of February 12, 2019 Action Item for the City Council Meeting February 19, 2019 DATE: February 12, 2019 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management jimd@cctexas.com (361) 826-1909 Mike Markle, Police Chief M ikeMa(a�cctexas.com 361-886-2601 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2cctexas.com (361) 826-3169 Lease Purchase of Vehicles for Police Department CAPTION: Motion authorizing the lease purchase of four Ford F-150 crew cab trucks from Silsbee Ford Inc. of Silsbee, Texas, plus two Nissan Rogue SUVs and three Altima sedans from Gunn Chevrolet Ltd of Selma, Texas for the Police Department for a total amount not to exceed $219,991.30. PURPOSE: This item is to approve the lease purchase of nine vehicles for the Police Department. BACKGROUND AND FINDINGS: The Police Department has been renting vehicles from Enterprise for investigative operations since 2009. However, after an internal review of this practice, the department has determined that it is much more cost effective to lease purchase vehicles 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: Financing for the lease purchase of these vehicles is based on a sixty -month term with an estimated interest rate of 4.20% for an annual estimated payment of $43,798.32. The total estimated cost over the five-year period, including principal of $197,215.75 and interest of $21,775.55, is $218,991.30. A not to exceed tolerance of $1,000.00 has been added to the interest amount to allow for the possible fluctuation of the interest rate, for a total amount not to exceed. Total Lease Purchase Price: Total estimated allowable interest for Lease: Grand Total: $197,215.75 $ 22,775.55 $219,991.30 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: Police Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $112,421.95 $209,041.72 $321,463.67 Encumbered / Expended Amount $39,079.15 $0.00 $39,079.15 This item $10,949.58 $209,041.72 $219,991.30 BALANCE $62,393.22 $0.00 $62,393.22 Fund(s): 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 SR. BUYER: JOHN ELIZONDO Vehicles for Police Department BuyBoard Contract No. 521-16 Gunn Chevrolet, Ltd Selma, Texas ITEM DESCRIPTION UNIT UNIT PRICE EXTENDED PRICE 1 2019 Nissan Rogue (22119) FWD S 2 $20,398.75 $40,797.50 2 2019 Nissan Altima (13119) 2.5 S Sedan 3 $20,077.75 $60,233.25 Total Price $101,030.75 Silsbee Ford Silsbee, Texas ITEM DESCRIPTION UNIT UNIT PRICE EXTENDED PRICE 1 2019 Ford F-150 Crew Cab Trucks, 3.3L V6 4 $23,946.25 $95,785.00 2 BuyBoard Administrative Fee 1 $400.00 $400.00 Total Price $96,185.00 Grand Total for All 12 Vehicles $197,215.75 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 12, 2019 Action Item for the City Council Meeting February 19, 2019 DATE: February 12, 2019 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief RRocha(a�cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2cctexas.com (361) 826-3169 Battery Replacements for CCFD CAPTION: Motion authorizing a one-year service agreement for battery replacements with Noyesmen, Inc., dba Interstate Batteries of South Texas, of Corpus Christi, Texas, for an amount not to exceed $27,618.70, with two one-year options for a total potential multi- year amount of $82,856.10. PURPOSE: This item is to approve the purchase, service and delivery of battery replacements for CCFD. BACKGROUND AND FINDINGS: The Fire Department's Fleet Maintenance Division has a need for a service contract for vehicle batteries. This service agreement will allow the Contractor to provide battery replacements in a timely manner to the warehouse for use in the emergency response units. Emergency response units equipped with batteries have a history of durability and a warranty that is critical to rapid replacement. Vehicle batteries used in the fleet have drained quickly due to the abundant amount of electronics that are required on these units. 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 Noyesmen, Inc., dba Interstate Batteries of South Texas. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Fire FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $586,581.48 $11,507.79 $598,089.27 Encumbered / Expended Amount $242,653.13 $0.00 $242,653.13 This item $16,110.91 $11,507.79 $27,618.70 BALANCE $327,817.44 $.00 $327,817.44 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreements City of Corpus Christi Purchasing Division Buyer: Minerva Alvarado Bid Tabulation RFB No. 1937 Battery Replacement for CCFD Total $27,618.70 Noyesmen, Inc., dba Interstate Batteries of South Texas Corpus Christi, TX Item Description Unit QTY Unit Price Total Price 1 31-MHD (950 CCA) Ea 60 $1 15.95 $6,957.00 2 MTZ-48/H6 (730 CCA) Ea 50 $207.95 $10,397.50 3 MTZ-65 (770 CCA) Ea 18 $218.95 $3,941.10 4 MTX-94-R/H7 (850 CCA) Ea 18 $195.95 $3,527.10 5 MT -59 Ea 10 $95.95 $959.50 6 MTP -90/T5 Ea 4 $92.95 $371.80 7 MTP -96R Ea 6 $100.95 $605.70 8 SP -35 Ea 20 42.95 $859.00 9 Core Charges Ea 50 $0.00 $0.00 Total $27,618.70 SERVICE AGREEMENT NO. 1937 Battery Replacement for CCFD THIS Battery Replacement for CCFD Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Noyesmen Inc., dba Interstate Batteries of South Texas ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Battery Replacement for CCFD in response to Request for Bid/Proposal No. 1937 ("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 Battery Replacement for CCFD ("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 one year, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional 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 $27,618.70, 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. 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. Service 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: Ernie Villarreal Fire Department Phone: 361-826-8424 ErnieV@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 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 Contractor 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: Ernie Villarreal Title: Fire Captain 1501 Holly Road, Corpus Christi, Texas 78417 Phone: 361-826-8424 Fax: 361-826-4451 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: Interstate Batteries of South TX, dba Noyesmen, Inc. Attn: Justin Casarez Title: Sales Manager 4903 Ambassador Row, Corpus Christi, Texas 78416 Phone: 361-854-5000 Fax: 361-854-5415 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement 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 Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 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 CONTRACTOR ? Signature: Printed f Printed Name: -bus iN s-e-reZ. Title: cA/P5 , .�«A.gcr Date: i I ii/ 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 and Bond Requirements Attachment De Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1848 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 Attachment A: Scope of Work 1. General Requirements/Background Information The Contractor shall provide Battery Replacement Services for the Corpus Christi Fire Department twice monthly, but not limited to emergency deliveries including after hours, holidays and weekend, as may be required in some circumstances. Services will include unforeseen needs for the department. Battery replacement include, Rescue vehicles, EMS vehicles, and Staff vehicles. 2. Scope of Work A. The Contractor shall remove, replace, and dispose/recycle batteries in a designated area. B. The Contractor shall provide battery removal and disposal to an EPA approved facility, with all tracking documentation. C. The Contractor shall provide a battery monitoring system - detailed report of service activities completed during the battery replacement visit, to include request for maintenance number (RFM) and unit number. D. The Contractor shall test CCA (cold crank amp) with CCFD test equipment and batteries must test to specified cold cranking amps, with no exceptions. E. Stock should be rotated a minimum of every three months or when batteries do not test to specifications. F. The Contractor shall provide battery replacement services on a per battery basis. G. The Contractor shall keep batteries in an environment that adheres to manufacturer defined specifications. 3. Work Site and Conditions A. Pick-up and Delivery: The Contractor is required to check and restock on a twice monthly schedule to the Corpus Christi Fire Department. Technician will re -stock and remove any used and out dated batteries at the battery staging area. Page 1 of 3 B. Schedule: Pick-up and Delivery time shall be between 8:OOam and 5:OOpm CT. The Contractor must immediately contact the Contract Administrator to resolve or request any deviations in the schedule. C. Holidays: Contract services are not required on City observed holidays. When a holiday falls on a Sunday, the following business day shall be considered a holiday. When any holiday falls on a Saturday, the preceding Friday shall be considered a holiday. In addition, any day may be designated a holiday by proclamation of the Mayor, upon approval of the City Council. CITY RECOGNIZED HOLIDAYS 1. The first day of January (New Year's Day) 2. The last Monday of May (Memorial Day) 3. The fourth day of July (Independence Day) 4. The first Monday of September (Labor Day) 5. The fourth Thursday and Friday of November (Thanksgiving Day) 6. The 25th day of December (Christmas Day) 4. Safety Requirements A. Contractor shall keep metal tools and other metallic objects away from batteries. B. Contractor shall inspect for defective cables, loose cables, corrosion, cracked cases or covers, loose hold-downs and deformed or loose terminal posts. C. Contractor shall replace worn or unserviceable parts. D. Contractor shall wear all personal protective equipment (PPE) while handling batteries. 5. Special Instructions A. Contractor is to dispose of batteries that are old, damaged, and defective, Batteries will be handled as universal waste. B. Warranties: Each battery without limitations, will be guaranteed against defects in material and workmanship for a term no less than 12 months, or the manufacturers standard warranty, whichever is longer. C. Pricing includes all expenses including labor and travel. Page 2 of 3 D. Contractor shall be responsible for freight to return defective or incorrect items. E. Consignment rack should stock the following batteries at all times: 6 each - 31 MHD, 6 each - MTZ-48/H6, 4 each - MTX-94-R/H7, and 2 each - MTZ -65 F. Contractor will charge core charge if no battery is exchanged when battery is dropped off. Page 3 of 3 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 the subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of 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 B 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 Page 1 of 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A - VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 5. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing - Fire Department Battery Replacement Services Bi -Weekly 11/2/2018 sw Risk Management No Bond required for this service. Page 3 of 3 Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 1937 Battery Replacement for CCFD Date: 12i/3/M Bidder: -J -k4c t&+fect'P5 vc5b, '. Authorized 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. *Quantities shown are estimates only. Item Description UNIT QTY Unit Price Total Price 1 31-MHD (950 CCA) EA 60 1/5".96 Gq 51 o0 2 MTZ-48/H6 730 CCA) EA 50 20 7, 5' 10 3 9 7,50 3 MTZ-65 (770 CCA) EA EA EA 18 18 10 1,82.`15 11'5, `i5 95,85 3 `F YI.10 3517. fo 955, 50 4 MTX-94-R/H7 (850 CCA) MT -59 5 6 MTP -90/T5 EA 4 82,15 371,8° 7 MTP -96R EA 6 i o0 ,9 5 6o5, 70 8 SP -35 EA 20 `(2, 95 _ 657,00 9 Core Charges EA 50 ioo 4 b Total 776aS,70 Attachment D: Warranty Requirements Each battery without limitation, will be guaranteed against defects in material and workmanship for a term no less than 12 months, or the manufacturers standard warranty, whichever is longer. Page 1 of 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 12, 2019 Action Item for the City Council Meeting February 19, 2019 DATE: February 12, 2019 TO: Keith Selman, Interim City Manager FROM: 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 HEB Tennis Center Management and Program Services for Parks and Recreation ] CAPTION: Motion authorizing a five-year service agreement for HEB Tennis Center Management and Program Services with Sweet Spot Tennis, LLC of Corpus Christi, Texas for a management fee of $4,250 per month for a not to exceed five-year total amount of $255,000, plus the Contractor keeps 100% of all revenue earned in return for the management and operation of the tennis center. PURPOSE: This item is to approve a five-year service agreement with Sweet Spot Tennis, LLC to manage and operate the HEB Tennis Center for the Parks and Recreation Department. BACKGROUND AND FINDINGS: The HEB Tennis Center, located at 1520 Shely Street in Corpus Christi, Texas 78404, is currently under a temporary agreement with Sweet Spot Tennis, LLC to continue operation of the tennis center until February 28, 2019. In 2017, Staff brought a recommendation forward to Council to award tennis center contracts to TOPS Tennis. Council voted down these contracts and directed Staff to re - procure the contracts with changes in approach to make the centers operate more like the golf complex and attempt to create a more self-sustaining operation. Council also asked that only proposals from local firms be considered. Staff researched other Cities' contracts and met with local tennis professionals to revamp the contract to shift more of the responsibility to the Contractor while providing an avenue to achieve more revenue to move towards a more self-sustaining operation. The Purchasing Division conducted a competitive Request for Proposal process to obtain proposals from qualified firms to provide HEB Tennis Center Management and Program Services and four proposals were received on November 28, 2018. Although all four proposals were deemed responsive and complete, only three proposals met the minimum qualifications under the pass/fail system as evaluated by a five -member evaluation committee. The three proposers whose proposals met the minimum qualifications, moved on to the interview process and a final overall score was developed for each firm based on the published criteria. Based on the final scores and ranking, Cliff Drysdale Management was recommended for award by Staff. However, on January 11, 2019, the firm decided to withdraw their proposal and forego recommendation for award. The remaining firms were overbudget; therefore, the next step was to proceed to the "Best and Final Offers" (BAFOs) phase of the evaluation process and invite the proposers to submit their BAFOs. After careful re- evaluation following receipt of all the BAFOs, it was determined that Sweet Spot Tennis, LLC ranked the highest within budget for the HEB Tennis Center. Staff recommends award to Sweet Spot Tennis, LLC. This new contract has allowed for monthly cost to the City to bring us closer to a self- sustaining status. In addition, tennis user fees were set in the contract to minimize concerns by the public of cost to use the facilities. These fees can only be changed with City approval. Staff has moved toward fulfilling Council recommendations. ALTERNATIVES: No viable alternative exists 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 $49,656 $225,250 $274,906 Encumbered / Expended Amount $8,276 $0.00 $8,276 This item $29,750 $225,250 $255,000 BALANCE $11,630 $0.00 $11,630 Fund: General Fund Comments: RECOMMENDATION: Staff recommends the approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix SERVICE AGREEMENT NO. 1867 HEB TENNIS CENTER MANAGEMENT AND PROGRAM SERVICES THIS HEB Tennis Center Management and Program Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Sweet Spot Tennis, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has submitted a proposal to provide management and operational services for the HEB Tennis Center in response to City Request for Proposal No. 1867 ("RFP") which RFP and the Contractor's proposal 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 HEB Tennis Center Management and Program Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, and the City's RFP No. 1867 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 five years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. 3. Compensation. The City will pay the Contractor $4,250.00 per calendar month as shown in Attachment B for Services completed and accepted by the City within 30 days of receipt of an acceptable invoice. In the event the initial term does not begin at start of a calendar month the initial monthly invoice shall be paid on a pro rata basis. The Contractor shall retain 100% of all revenue earned by the Contactor at the Center. 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: Becky Perrin, Assistant Director Parks & Recreation Department (361) 826-3498 BeckyP@cctexas.com Page 1 of 7 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, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. (B) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. 9. 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 Page 2 of 7 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. 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 001 in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 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. Right to Review and Audit. Contractor grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Contractor's records relating to performance of the Services during this term of this Agreement and during the 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. City agrees that it shall exercise its right to audit, examine or inspect Contractor's records only during Contractor's regular business hours. Contractor agrees to retain its records, as described in section 1.4 of Attachment A, for a minimum Page 3 of 7 of four years following termination of this Agreement. Contractor shall include this audit clause in any subcontractor contract. 17. 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: Becky Perrin, Assistant Director Parks & Recreation Department 1201 Leopard St., 2nd Floor, Corpus Christi, TX 78401 Fax: (361) 826-3864 IF TO CONTRACTOR: Sweet Spot Tennis, LLC Attn: Gerald Stephen Tjon-A-Joe, Owner Email: gtjonajoe©stx.rr.com 1520 Shely Street Corpus Christi, TX 78404 18. CONTRACTOR AGREES TO 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 ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), 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 THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. 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 FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION Page 4 of 7 OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 19. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 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 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 and its attachments, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement; then, B. its attachments. 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. Contractor shall not boycott Israel during the term of this Contract as required by Texas Government Code Chapter 2270. 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 Page 5 of 7 the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Page 6 of 7 CONTRACTOR Signature: Printed Name: Title: QDxrrc_ Date: 1-- ? Z --20 l q S CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Pricing Attachment C: Insurance/Bond Requirements Incorporated by Reference Only: Exhibit 1: RFP No. 1867 Exhibit 2: Contractor's proposal Page 7 of 7 Attachment A - Scope of Work 1.1. Background The HEB Tennis Center ("The Center"), located at 1520 Shely Street, Corpus Christi, Texas 78404, is a full service municipal tennis center which offers quality courts for play, private, semi -private and group lessons, leagues, tournaments, a full line of tennis apparel, accessories and professional stringing. The Center features 25 lighted courts of which 3 are covered, a large pro shop, a lounge and a locker room. 1.2. General Requirements The Contractor will be required to provide the day to day operations of the facilities. This includes everything to operate the centers except capital improvements to the facility. 1.3. Scope of Work A. Contractor shall operate the Center in conformity with the laws of the State of Texas and ordinances, rules and regulation of the City of Corpus Christi. B. Contractor shall operate, manage, and maintain the Center, including without limitation, all activities on the courts, the club house, and adjacent grounds area and in the locker/restroom. C. Fee Schedule and Additional Programing Fees: 1. Contractor shall adequately publish and enforce all fees, activities and rules governing the playing of tennis conducted at the Center. All fees must be in accordance with the approved Fee Schedule attached as Al. Contractor may not charge any other fees without prior written approval of the Contract Administrator. The Contractor shall retain 100% of all revenue earned by the Contractor at the Center. 2. Any additional programing fees not listed in the City Tennis Fee Schedule including, but not limited to; camps, classes, leagues and tournaments shall be classified as a Pilot Program. All Pilot Programs shall be submitted for approval to the Director of Parks and Recreation or Designee prior to conducting the program. If approved, the program fee will be set by the Parks and Recreation Department as a Pilot fee and the Contractor will be able to run the desired program as a pilot program. All successful Pilot programs will be presented for approval by City Council during the annual approval of fees. If approved, the fee and program will be added to the City Fee Schedule. At that point, it will no longer be considered a pilot program. If the program is not approved, the Contractor will not be able to continue the program for the following fiscal year. Page 1 of 10 D. Contractor shall employ a sufficient number of employees to assist in conducting lessons, operating the Pro Shop, and scheduling courts. All employees shall be employees of the Contractor, not the City. E. Contractor shall ensure all employees conduct themselves in an orderly manner and in keeping with the conduct required of employees in service organizations. Contractor shall ensure that employees do not consume intoxicating substances. Contractor and its employees shall use language and conduct that is suitable to families and youth. F. None of the contract services may be subcontracted without the prior written approval of the Contract Administrator. G. Contractor and any assistants, subcontractors or support personnel shall complete a national background history check at its cost prior to instructing or working at the Center. The City shall retain the right to prohibit anyone from working on this agreement based on the results of the background check. H. Contractor will provide suitable signage at the Pro Shop advising the public that the business activity is operated by the Contractor as an independent contractor and not operated by the City. I. Contractor shall organize, promote, recruit and conduct local, state, and United States Tennis Association (USTA) sanctioned tennis tournaments and other tournaments. J. Contractor shall be granted the exclusive right to operate a Pro Shop at the Center including the right to: 1. Sell Merchandise 2. Rent rackets, ball machines, buckets of balls 3. String and repair rackets 4. Operate a food and drink concession Contractor must maintain rental tennis rackets, ball machines and buckets of balls for public use. K. Contractor shall make a minimum of two tennis courts available to the public at all times. This includes but is not limited to days in which tournaments, leagues and lessons are being conducted. L. Contractor must post a schedule of hours of operation at the facility and file a copy with the Contract Administrator. M. Contractor must notify the Contract Administrator of all dangerous conditions or special defects. Contractor must not use, or allow to be used, any areas of the Center which has dangerous conditions or special defects. Page 2 of 10 N. Contractor shall be responsible for all janitorial services. Janitorial services include but are not limited to the following: 1. Picking up all trash located on the premises. Trash is defined as any discarded, unwanted, or worthless material or object. 2. Keeping unwanted debris and water off the courts. 3. Cleaning all buildings on premises, including pro shop, restrooms, locker rooms and storage rooms. 4. Mowing and edging all the grass located on the premises in accordance with City Standards. 5. Trimming all trees and shrubs located on the premises in accordance to City Standards. 0. Contractor shall be responsible for all minor repairs at the Center. "Minor repairs" is defined as cosmetic, nonstructural repairs. This includes but is not limited to window screens, nets, water coolers and benches. P. Contractor shall make no alterations to the Center without the Contract Administrator's prior written approval. Q. The City is responsible for all Center maintenance, including utilities and major repairs, subject to annual appropriation of funds. "Major repairs" is defined as non -cosmetic, structural repairs to the Center. This includes but is not limited to A/C repair, fencing, and lights. Contractor shall allow the City or its designee's entrance to the Center during normal operating hours for maintenance or repairs. In consideration of this, it is agreed that the Contractor must make no claim for any damages against the City for loss of income due to the City's failure to make any repairs or failure to perform maintenance. 1.4. Record Keeping A. Contractor shall keep accurate books of account of all Earned Revenue collected. The books of account will be open for inspection, copy, or audit by the City Manager or designee at all times. All transactions should be accurately and fairly reflected in books and records, in reasonable detail and supported by original documentation. Electronic records shall be kept in a form that is non - erasable, non-rewritable, organized, and immediately produced or reproduced. All books of account and backup documentation must be available to the Contract Administrator for review during the City's business hours. B. Contractor shall have underlying documentation for all Earned Revenue. This includes but is not limited to: Contractor's monthly statement, cash register tables, purchase orders, invoices and sales receipts. The following documentation must be preserved by the Contractor during the contract term: Page 3 of 10 1. Contractor shall keep on file all background checks for all current and past employees. The City shall retain the right to prohibit anyone from working on this agreement based on the results of the background check. 2. Contractor shall keep daily court reservation sheets. Contractor must turn in reservation sheets to be reviewed upon City request. C. Customer service surveys must be made available to all participants of the facility. Surveys or copies of any completed surveys will be turned in upon City request. Receiving low scoring surveys or customer service complaints will not necessarily result in a "Needs Improvement" rating. D. The City shall conduct random audits throughout the year. Contractor will have two weeks to submit all documentation. Failure to comply may result in the termination of the contract. 1.5. Reporting A. Contractor shall furnish the Contract Administrator with a monthly statement of all Earned Revenue generated at the facility on or before the tenth day of each month during the contract term. B. Contractor must submit to the Contract Administrator a monthly schedule of all programs and activities for the forthcoming month. The schedule must identify, at a minimum, leagues, lessons, youth and adult programs, tournaments by dates and estimated hours of operation. The monthly schedule must be submitted to the contract administrator before the first day of the forthcoming month. C. Contractor shall submit all documents covered in this section in accordance with the time stated above. Failure to comply may result in the termination of the contract. 1.6. Contractor Performance Review A. Contractor performance reviews will take place quarterly; four times per contract year to review the following items: 1. Facility Inspections - Random facility inspections will be performed by the City quarterly. Areas to be reviewed are: cleanliness of pro shop and restrooms/locker rooms, court maintenance, premises maintenance, fire safety compliance, and hours of operation. See Attachment A-2 Tennis Center Facility Inspection Form. 2. Programming and Revenue Targets - Number of participants; types of programs being offered; a breakdown on the types of tournaments; lesson revenue and court hours used for adults, junior, leagues, mixers/social groups and tournaments. During the review, the Contractor must bring all programing information above and/or present documentation that an effort was made to offer these services. See Attachment A-3 Tennis Center Programming Form. Page 4 of 10 1.7. Grading Factors Contractor shall maintain an 85% or above on both of the areas listed under the Contractor Performance Reviews. If the Contractor does not meet expectations on both items, the Contractor will receive a "Needs Improvement" rating and will be given the opportunity to raise this to a passing grade. Failure to improve grade upon further opportunity may result in the termination of this contract. 1.8. Facility User Agreements All Facility User Agreements shall be presented to the Director of Parks and Recreation for review and approval. 1.9. Landscaping and Trash Pickup Responsibilities Contractor shall be responsible for all landscaping and trash pickup responsibilities within the perimeter as outlined in red on the attached HEB Tennis Center Site Map. Page 5 of 10 HEB Tennis Center Site Map The Contractor is responsible for all landscaping and trash pickup within the perimeter boundaries. Perimeter Boundaries are outlined in . Page 6 of 10 SCOPE OF WORK ATTACHMENT A-1 Proposed City Tennis Fee Schedule A, Annual and Semi -Annual Fees Fee Unit Adult Annual $ 160.00 per/year Adult Semi -Annual $ 110.00 per/6months Youth Annual $ 75.00 per/year Youth Semi -Annual $ 60.00 per/6months Family Annual $ 300.00 per/year Family Semi -Annual $ 160.00 per/6months Non -Resident (3 Month Pass) $ 60.00 per/3months B. Court Fees Outdoor Open Play (per/player) $ 3.00 per/1.5hrs Private Lesson (court fee) $ 1.50 per/hrs Semi -Private/ Group Lesson (court fee) $ 1.50 per/hrs Covered Pavilians (HEB) Adult Open Play (per/player) $ 7.00 per/1.5hrs Private Lesson $ 4.50 per/hrs Semi -Private/ Group Lesson (court fee) $ 2.25 per/hrs C. Lesson Fees Director of Tennis PrivateTennis Lessons $ 60.00 (per/hr) PrivateTennis Lessons $ 45.00 (per/45min) PrivateTennis Lessons $ 30.00 (per/30min) Semi -Private Lesson (per/player) (2 player) $ 30.00 (per/hr) Group Lesson (per/player) (3 player) $ 20.00 (per/hr) Group Lesson (per/player) (4+ player) $ 15.00 (per/hr) Head Pro PrivateTennis Lessons $ 50.00 (per/hr) PrivateTennis Lessons $ 25.00 (per/30min) Semi -Private Lesson (per/player) (2 player) $ 25.00 (per/hr) Group Lesson (per/player) (3 player) $ 18.00 (per/hr) Group Lesson (per/player) (4 player) $ 16.00 (per/hr) Group Lesson (per/player) (5+ player) $ 12.00 (per/hr) Assistant Pro PrivateTennis Lessons $ 45.00 (per/hr) PrivateTennis Lessons $ 22.50 (per/30min) Semi -Private Lesson (per/player) (2 player) $ 22.50 (per/hr) Page 7 of 10 Proposed City Tennis Fee Schedule Group Lesson (per/player) (3 player) $ 15.00 (per/hr) Group Lesson (per/player) (4 player) $ 12.00 (per/hr) Group Lesson (per/player) (5+ player) $ 10.00 (per/hr) D. League Fees USTA Sanctioned Leagues Adult 18 & Over Leagues (2 singles & 3 doubles) $ 57.00 per/league match Adult 40 & Over Leagues (2 singles & 3 doubles) $ 57.00 per/league match Adult 55 & Over Leagues (3 doubles) $ 43.00 per/league match Mixed 18 & Over Leagues (3 doubles) $ 43.00 per/league match Mixed 40 & Over Leagues (3 doubles) $ 43.00 per/league match E. Facility Rental Fees HEB Tennis Center 22max courts (Full day more than 6hrs) $ 600.00 per/rental 22max courts (Half day less than 6hrs) $ 300.00 per/rental 11max courts (Full day more than 6hrs) $ 300.00 per/rental 11max courts (Half day less than 6hrs) $ 150.00 per/rental Al Kruse Tennis Center 10max courts (Full day more than 6hrs) $ 300.00 per/rental 10max courts (Half day less than 6hrs) $ 150.00 per/rental Page 8 of 10 Tennis Facility Employee on Site City Staff's Name Scope of Work Attachment A-2 Tennis Centers Facility Inspection Form Date 1 Is the pro -shop clean and free of trash and debris? 2 Are the days and hours of operation clearly visible on the door or window? 3 Is information about programs/tournament/clinics offered clearly displayed? 4 Are the fire extinguishers and First Aid Kits current on inspections and readily accessible? 5 Have the AC/Heating filters been cleaned or changed? 6 Is the staffs appearance clean/appropriate for a tennis center? 7 Are storage areas organized and maintained? 8 Are Restrooms clean and properly stocked? 9 Are locker rooms clean and in sanitary condition? 10 Is there a fire evacuation plan posted in a conspicuous location? 11 Are the courts free of debris? 12 Are the benches in good condition and available to every court? 13 Are the windscreens in goad condition and secured to the fence? 14 Are the nets and center straps all in good playable condition? 15 Is a backboard available to the public and In good condition? 16 Is the grass mowed and properly edged? 17 Are the trees trimmed in accordance to City Standards? Notes: Yes No LI DI El CI El CI El El El El CI CI CI CI CI CI El CI CI CI El El El CI CI CI El El CI CI CI CI CI CI Each question is worth 1 pt. Add up all boxes checked yes and divide by the total number of questions. SCORE / 17 Page 9 of 10 GRADE Tennis Facility Employee on Site City Staff's Name Scope of Work Attachment A-3 Tennis Centers Programming Form 1 Does the tennis center offer tennis Open Play to the public? 2 Does the tennis center offer tennis lessons? 3 Does the tennis center offer tennis leagues? 4 Does the tennis center offer tennis tournaments? 5 Annual revenue generated at the facility? Notes Date 1 2 3 4 ❑ ❑ ❑ ❑ ❑ DD ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SCORE 1 20 GRADE Grading Scale Pts Does the tennis center offer tennis Open Play to the public? i Less than 500 open court fees reported, {number of players not revenue generated} 2 500.999 open court fees reported, (number of players not revenue generated) 3 1,000.1,500 open court fees reported, {number of players not revenue generated} 4 More than 1,500 open court fees reported, (number of players not revenue generated) Pts Does the tennis center offer tennis lessons? 1 Generated less than $25,000.00 in revenue from lessons 2 Generated $25,000.00.$49,999.99 in revenue from lessons 3 Generated $50,00000-$99,999.99 in revenue from lessons 4 Generated more than $100,000.00 in revenue from lessons Pts Does the tennis center offer tennis leagues? 1 Less than 5 leagues offered at the tennis center 2 5-9 leagues offered at the tennis center 3 10-14 leagues offered at the tennis center 4 More than 15 leagues ofFered at the tennis center Pts Does the tennis center offer tennis tournaments? 1 Less than 5 tournaments a yea r 2 5-9 tournaments a year 3 5-9 tournaments a year including at least 1 national tournament 4 10+tournaments a year including at least 1 national tournament Pts Annual Revenue Targets 1 Less than $150,000.00 revenue generated 2 5150,000.00 - $199,999.99 revenue generated 3 $200,000.00 - $249,999.99 revenue generated 4 More than $250,000.00 revenue generated Page 10 of 10 Attachment B - Pricing DATE: 1- G.4,3„\C i=-)ls PROPOSER CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION RFP No. 1867 HEB Tennis Center Management and Program Services NATURE PAGE 1 OF 1 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. in submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an'Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL, PRICE 1.0 Management Fee to include all expenses and fees to operate the Center, excluding anticipated 60 Months i_ 5L, 6-5 Ooo `` revenue BAFO 1-14.19 Attachment C - Insurance/Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE REQUIREMENTS 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 Aircraft Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, Aircraft Liability and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of 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. 2019 Insurance Requirements Purchasing Parks & Recreation Tennis Centers - Al Kruse & HEB Tennis Centers Management 01/18/2019 sw Risk Management BOND REQUIREMENTS: No bond requirements necessary for this service agreement; Section 5. (B) is null for this Service Agreement. RFP No. 1867 - HEB Tennis Center Management & Program Services Sr. Buyer: John Elizondo Proposal Evaluation Pts. Tennis Success, Inc. Sweet Spot Tennis, LLC Cliff Drysdale Management (Withdrew Proposal) Love Tennis & Education Minimum Qualifications Pass/Fail PASS PASS PASS FAIL Must have operated continously for a minimum of 2 years as an established firm in the tennis industry providing Tennis Center Management and Program Management Services V V V x Background Checks V V V V No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years V V V V No outstanding regulatory issues last 5 years V V V V References Provided for Proposer V V V V Technical Proposal Technical Proposal (40 points) 40 34.60 32.60 36.40 0.00 Proposers Experience Experience on projects of similar scope and complexity Past Performance and Reference Checks Team Member Experience Past Performance and Reference Checks Understanding of Project Scope Demonstated understanding of scope of services Types of Programs Interview Interview (40 points) 40 37.40 37.80 35.80 0.00 Proposers Experience Demonstrated Experience providing these Services of similar scope and complexity Team Identification Team members with experience and qualifications Understanding of Project Scope Demonstrated understanding of scope of services Capability to perform work Price After BAFOs (20 points) Price After BAFOs (20 points) 20 11.33 20.00 20.00 0.00 Total! 100 1 83.33 I 90.40 I 92.20 I 0.00 Tennis Center Management CORPUS CHRISTI PARKS& RECREATION Tennis Center Management • Create an agreement more like the golf complex • Create a more self-sustaining operation • Consider proposals from local firms CORPUS CHRISTI PARKS& RECREATION Tennis Center Management Right to Review and Audit • A schedule will be developed with input from the City Auditor and Finance Department • Revenue reports will be submitted monthly • A City Council approved Fee Schedule will be posted for customer reference containing both City Fees and Pro Fees • Spot checks will be conducted to ensure the approved fee schedule is followed ,.� kaip • Staff will monitor the facility monthly CORPUS CHRISTI PARKS& RECREATION Tennis Center Management Current FY19 Adopted Budget - HEB Tennis Center: FY18 Annual Revenue — HEB Tennis Center: Net Expenditure — HEB Tennis Center: $237,271 $ 32,312 $204,959 New Service Agreement Budget — HEB Tennis Center: $187,228 Annual Revenue — HEB Tennis Center: $ -0- Net Expenditure — HEB Tennis Center: $187,228 Total Annual Budget Savings — HEB Tennis Center: $17,731 CORPUS CHRISTI PARKS& RECREATION Tennis Center Management Current FY19 Adopted Budget — Al Kruse Tennis Center: $63,300 FY18 Annual Revenue — Al Kruse Tennis Center: $ 6,213 Net Expenditure — Al Kruse Tennis Center: $57,087 New Service Agreement Budget — Al Kruse Tennis Center: $44,800 Annual Revenue — Al Kruse Tennis Center: $ -0- Net Expenditure — Al Kruse Tennis Center: $44,800 Total Annual Budget Savings — Al Kruse Tennis Center: $12,287 CORPUS CHRISTI PARKS& RECREATION AGENDA MEMORANDUM Future Item for the City Council Meeting of February 12, 2019 Action Item for the City Council Meeting February 19, 2019 DATE: February 19, 2019 TO: Keith Selman, Interim City Manager FROM: 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 Al Kruse Tennis Center Management Services for Parks and Recreation CAPTION: Motion authorizing a five-year service agreement for Al Kruse Tennis Center Management and Program Services with Love Tennis & Education of Corpus Christi, Texas for a management fee of $1,900 per month for a not to exceed five-year total amount of $114,000, plus the Contractor keeps 100% of all revenue earned in return for the management and operation of the tennis center. PURPOSE: This item is to approve a five-year service agreement with Love Tennis & Education to manage and operate the Al Kruse Tennis Center for Parks and Recreation Department. BACKGROUND AND FINDINGS: The Al Kruse Tennis Center, located at 502 King Street in Corpus Christi, Texas 78401, is currently under a temporary agreement with Sweet Spot Tennis, LLC to continue operation of the tennis center until February 28, 2019. In 2017, Staff brought a recommendation forward to Council to award tennis center contracts to TOPS Tennis. Council voted down these contracts and directed Staff to re - procure the contracts with changes in approach to make the centers operate more like the golf complex and attempt to create a more self-sustaining operation. Council also asked that only proposals from local firms be considered. Staff researched other Cities' contracts and met with local tennis professionals to revamp the contract to shift more of the responsibility to the Contractor while providing an avenue to achieve more revenue to move towards a more self-sustaining operation. The Purchasing Division conducted a competitive Request for Proposal process to obtain proposals from qualified firms to provide Al Kruse Tennis Center Management Services and three proposals were received on November 28, 2018. All three proposals were deemed responsive and complete and met the minimum qualifications under the pass/fail system as evaluated by a five -member evaluation committee. The three proposers moved on to the interview process and a final overall score was developed for each firm based on the published criteria. Based on the final scores and ranking, Cliff Drysdale Management was recommended for award by Staff. However, on January 11, 2019, the firm decided to withdraw their proposal and forego recommendation for award. The second highest ranking firm, Tennis Success, Inc., was overbudget; therefore, the next step was to proceed to the "Best and Final Offer" (BAFO) phase of the evaluation process and invite the firm to submit their BAFO. After careful re-evaluation following receipt of Tennis Success, Inc.'s BAFO, it was determined that Love Tennis & Education ranked the highest within budget for the Al Kruse Tennis Center. Staff recommends award to Love Tennis & Education. This new contract has allowed for monthly cost to the City to bring us closer to a self- sustaining status. In addition, tennis user fees were set in the contract to minimize concerns by the public of cost to use the facilities. These fees can only be changed with City approval. Staff has moved toward fulfilling Council recommendations. ALTERNATIVES: No viable alternative exists 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 $37,992 $100,700 $138,692 Encumbered / Expended Amount $6,332 $0.00 $6,332 This item $13,300 $100,700 $114,000 BALANCE $18,360 $0.00 $18,360 Fund: General Fund Comments: RECOMMENDATION: Staff recommends the approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix RFP No. 1868 - Al Kruse Tennis Center Management Sr. Buyer: John Elizondo Proposal Evaluation Pts. Tennis Success, Inc. (BAFO Overbudget) Cliff Drysdale Management (Withdrew Proposal) Love Tennis & Education Minimum Qualifications Pass/Fail PASS PASS PASS Must have 2 years of experience in providing Recreation Program Management Services J V V Background Checks J V V No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years J V V No outstanding regulatory issues last 5 years J V V References Provided for Proposer V V V Technical Proposal Technical Proposal (40 points) 40 36.80 36.60 25.40 Proposer's Experience Experience on projects of similar scope and complexity Past Performance and Reference Checks Team Experience Team members with experience and qualifications Understanding of Project Scope Demonstated understanding of scope of services Types of programming Interview Interview (40 points) 40 38.60 35.80 27.40 Proposer's Experience Demonstrated Experience providing these Services of similar scope and complexity Team Identification Team members with experience and qualifications Understanding of Project Scope Demonstrated understanding of scope of services Discuss proposed Community based programs Capability to perform work Price After BAFOs Price After BAFOs (20 points) 20 4.22 9.18 20.00 Total 100 1 79.62 I 81.58 I 72.80 SERVICE AGREEMENT NO. 1868 AL KRUSE TENNIS CENTER MANAGEMENT SERVICES THIS Al Kruse Tennis Center Management Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Love Tennis & Education ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has submitted a proposal to provide management and operational services for the Al Kruse Tennis Center in response to City Request for Proposal No. 1868 ("RFP") which RFP and the Contractor's proposal 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 Al Kruse Tennis Center Management Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, and the City's RFP No. 1868 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 five years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. 3. Compensation. The City will pay the Contractor $1,900.00 per calendar month as shown in Attachment B for Services completed and accepted by the City within 30 days of receipt of an acceptable invoice. In the event the initial term does not begin at start of a calendar month the initial monthly invoice shall be paid on a pro rata basis. The Contractor shall retain 100% of all revenue earned by the Contactor at the Center. 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: Becky Perrin, Assistant Director Parks & Recreation Department (361) 826-3498 BeckyP@cctexas.com Page 1 of 7 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Reiease 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, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. (B) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. 9. 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 Page 2 of 7 specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the dose 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 ifs 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. In using subcontractors, the Contractor is responsible for all theft acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare faxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Right to Review and Audit. Contractor grants City, or its designees, the right to audit, examine or inspect, of City's election, all of Contractor's records relating to performance of the Services during this term of this Agreement and during the 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. City agrees that it shall exercise its right to audit, examine or inspect Contractor's records only during Contractor's regular business hours. Contractor agrees to retain its records, as described in section 1.4 of Attachment A, for a minimum Page 3 of 7 of four years following termination of this Agreement. Contractor shall include this audit clause in any subcontractor contract. 17. 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: Becky Perrin, Assistant Director Parks & Recreation Department 1201 Leopard St., 2nd Floor, Corpus Christi, TX 78401 Fax: (361) 826-3864 IF TO CONTRACTOR: Love Tennis & Education Attn: Ronald Elizondo, Founder, President Email: elizondotennis@gmail.com P.O. Box 60963 Corpus Christi, TX 78466 18. CONTRACTOR AGREES TO 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 ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES QF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. 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 FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION Page 4 of 7 OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 19. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (8) 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. 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 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 and its attachments, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement; then, B. its attachments. 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. Contractor shall not boycott Israel during the term of this Contract as required by Texas Government Code Chapter 2270. 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 Page 5 of 7 the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Page 6 of 7 CONTRACTOR Signature: �—VA Printed Name: n Rk c, E\, zzor do Title: Love. k JX t 5 D [:6 Li.. Cc. 1&\ i'e5j r-k�t Date: 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: Pricing Attachment C: Insurance/Bond Requirements Incorporated by Reference Only: Exhibit 1: RFP No. 1868 Exhibit 2: Contractor's proposal Page 7 of 7 Attachment A - Scope of Work 1.1. Background The Al Kruse Tennis Center ("The Center"), located at 502 King Street, Corpus Christi, Texas 78404, is a full service municipal tennis center which offers qualify courts for play, private, semi -private and group lessons, leagues, tournaments and professional stringing. This Tennis Center features 10 lighted courts, a large pro shop, and locker rooms. 1.2. General Requirements The Contractor will be required to provide the day to day operations of the facility. This includes everything to operate the Center except capital improvements to the facility. 1.3. Scope of Work A. Contractor shall operate the Center in conformity with the laws of the State of Texas and ordinances, rules and regulation of the City of Corpus Christi. B. Contractor shall operate, manage, and maintain the Center, including without limitation, all activities on the courts, the club house, and adjacent grounds area and in the locker/restroom. C. Fee Schedule and Additional Programing Fees: 1. Contractor shall adequately publish and enforce all fees, activities and rules governing the playing of tennis conducted at the Center. All fees must be in accordance with the approved Fee Schedule attached as A-1. Contractor may not charge any other fees without prior written approval of the Contract Administrator. The Contractor shall retain 100% of all revenue earned by the Contractor at the Center. 2. Any additional programing fees not listed in the City Tennis Fee Schedule including, but not limited to; camps, classes, leagues and tournaments shall be classified as a Pilot Program. All Pilot Programs shall be submitted for approval to the Director of Parks and Recreation or Designee prior to conducting the program. If approved, the program fee will be set by the Parks and Recreation Department as a Pilot fee and the Contractor will be able to run the desired program as a pilot program. All successful Pilot programs will be presented for approval by City Council during the annual approval of fees. If approved, the fee and program will be added to the City Fee Schedule. At that point, it will no longer be considered a pilot program. If the program is not approved, the Contractor will not be able to continue the program for the following fiscal year. D. Contractor shall employ a sufficient number of employees to assist in conducting lessons, operating the Pro Shop, and scheduling courts. All employees shall be employees of the Contractor, not the City. Page 1 of 10 E. Contractor shall ensure all employees conduct themselves in an orderly manner and in keeping with the conduct required of employees in service organizations. Contractor shall ensure that employees do not consume intoxicating substances. Contractor and its employees shall use language and conduct that is suitable to families and youth. F. None of the contract services may be subcontracted without the prior written approval of the Contract Administrator. G. Contractor and any assistants, sub -contractors or support personnel shall complete a national background history check at its cost prior to instructing or working at the Center. The City shall retain the right to prohibit anyone from working on this agreement based on the results of the background check. H. Contractor will provide suitable signage at the Pro Shop advising the public that the business activity is operated by the Contractor as an independent contractor and not operated by the City. Contractor shall promote the game of tennis through a variety of programs, including programs for youth, adults and active aging adults. J. Contractor shall be granted the exclusive right to operate a Pro Shop at the Center including the right to: 1. Sell Merchandise 2. Rent rackets, ball machines, buckets of balls 3. String and repair rackets 4. Operate a food and drink concession Contractor must maintain rental tennis rackets, ball machines and buckets of balls for public use. K. Contractor shall make a minimum of two tennis courts available to the public whenever the Contractor or authorized individuals are giving, or available to give tennis lessons, with the exception of tournaments. L. Contractor must post a schedule of hours of operation at the facility and file the schedule with the Contract Administrator. M. Contractor must notify the Contract Administrator of all dangerous conditions or special defects. Contractor must not use, or allow to be used, any areas of the Center which has dangerous conditions or special defects. Page 2 of 10 N. Contractor shall be responsible for all janitorial services. Janitorial services include but are not limited to the following: 1. Picking up all trash located on the premises, trash is defined as any discarded, unwanted or worthless material or object. 2. Keeping unwanted debris and water off the courts. 3. Cleaning all buildings on premises, including pro shop, restrooms, locker rooms and storage rooms. 4. Mowing and edging all the grass located on the premises in accordance with City Standards. 5. Trimming all trees and shrubs located on the premises in accordance to City Standards. 0. Contractor shall be responsible for all minor repairs at the Center. "Minor repairs" is defined as cosmetic, nonstructural repairs to the Center. This includes but is not limited to windscreens, nets, water coolers and benches. P. Contractor shall make no alterations to the Center without the Contract Administrator's prior written approval. Q. The City is responsible for all Center maintenance including utilities and major repairs at the Center, all subject to annual appropriation of funds. "Major repairs" is defined as non -cosmetic, structural repairs to the Center. This includes but is not limited to A/C repair, fencing, and lights. Contractor shall allow the City or its designee entrance during normal operating hours for maintenance or repairs. In consideration of this, it is agreed that the Contractor must make no claim for any damages against the City for loss of income due to the City's failure to make any repairs or failure to perform maintenance. 1.4. Record Keeping A. Contractor shall keep accurate books of account of all Earned Revenue collected. The books of account will be open for inspection, copy, or audit by the City Manager or designee at all times. All transactions should be accurately and fairly reflected in books and records, in reasonable detail and supported by original documentation. Electronic records shall be kept in a form that is non - erasable, non-rewritable, organized, and immediately produced or reproduced. All books of account and backup documentation must be available to the Contract Administrator for review during the City's business hours. B. Contractor shall have underlying documentation for all Earned Revenue. This includes but is not limited to: Contractor's monthly statement, cash register Page 3 of 10 tables, purchase orders, invoices and sales receipts. The following documentation must be preserved by the Contractor during the contract term: 1. Contractor shall keep on file all background checks for all current and past employees. The City shall retain the right to prohibit anyone from working on this agreement based on the results of the background check. 2. Contractor shall keep daily court reservation sheets. Contractor must turn in reservation sheets to be reviewed upon City request. C. Customer service surveys must be made available to all participants of the facility. Surveys or copies of any completed surveys will be turned in upon City request. Receiving low scoring surveys or customer service complaints will not necessarily result in a "Needs Improvement" rating. D. Contractor shall keep documentation on all efforts in community outreach, such as: teacher in-service, free clinics, presentations at neighborhood associations, schools, churches, volunteering, etc. Upon City request, the Contractor must provide documentation from any meetings attended or printed material from presentations or flyers from any programs that were offered. E. The City shall conduct random audits throughout the year. Contractor will have two weeks to submit all documentation. Failure to comply may result in the termination of the contract. 1.5. Reporting A. Contractor shall furnish the Contract Administrator with a monthly statement of all Earned Revenue generated at the facility on or before the tenth day of each month during the contract term. B. Contractor must submit to the Contract Administrator a monthly schedule of all programs and activities for the forthcoming month. The schedule must identify, at a minimum, leagues, lessons, youth and adult programs, tournaments by dates and estimated hours of operation. The monthly schedule must be submitted to the contract administrator before the first day of the forthcoming month. C. Contractor shall submit all documents covered in this section in accordance with the time stated above. Failure to comply may result in the termination of the contract. Page 4 of 10 1.6. Contractor Performance Review A. Contractor performance reviews will take place annually to review the following items: 1. Facility Inspection - Random facility inspections will be performed by the City quarterly. Areas to be reviewed are: cleanliness of pro shop and restrooms/locker rooms, court maintenance, premises maintenance, fire safety compliance, and hours of operation. See Attachment A-2 Tennis Center Facility Inspection Form. 2. Programming - Types/levels and times of programs being offered; number of participants; any partnerships with local association groups or schools. A breakdown on the type of tournament and court hours used for adults, junior, leagues, mixers/social groups and tournaments. During the review, the Contractor must bring all programing information above and/or present documentation that an effort was made to offer these services. See Attachment A-3 Tennis Center Programming Form. 1.7. Grading Factors A. Contractor shall maintain an 85% or above on both of the areas listed under the Contract Performance Review. If the Contractor does not meet expectations on both items, the Contractor will receive a "Needs Improvement" rating and will be given the opportunity to raise this to a passing grade. Failure to improve grade upon further opportunity may result in the termination of this contract. 1.8. Landscaping and Trash Pickup Responsibilities Contractor shall be responsible for all landscaping and trash pickup responsibilities within the perimeter as out lined in red on the attached Al Kruse Tennis Center Site Map. 1.9. Hours of Operation for Tennis Center: The Al Kruse Tennis Center shall be open between the hours of 9am - 9pm Monday - Thursday, 9am - 8pm on Fridays and 9am - 2pm on weekends; any proposed changes to the current scheduled hours must be approved by the Director of Parks and Recreation. Page 5 of 10 Ai Kruse Tennis Center Site Map Contractor is responsible for all landscaping within the perimeter boundaries. Contractor will also be responsible for picking up all trash located in the both designated parking lots. Perimeter Boundaries are out lined in red. Page 6 of 10 SCOPE OF WORK ATTACHMENT A-1 Proposed City Tennis Fee Schedule A. Annual and Semi -Annual Fees Fee Unit Adult Annual $ 160.00 per/year Adult Semi -Annual $ 110.00 per/6months Youth Annual $ 75.00 per/year Youth Semi -Annual $ 60.00 per/6months Family Annual $ 300.00 per/year Family Semi -Annual $ 160.00 per/6months Non -Resident (3 Month Pass) $ 60.00 per/3months 13. Court Fees Outdoor Open Play (per/player) $ 3.00 per/1.Shrs Private Lesson (court fee) $ 1.50 per/hrs Semi -Private/ Group Lesson (court fee) $ 1.50 per/hrs Covered Pavilians (HEB) Adult Open Play (per/player) $ 7.00 per/1.5hrs Private Lesson $ 4.50 per/hrs Semi -Private/ Group Lesson (court fee) $ 2.25 per/hrs C. Lesson Fees Director of Tennis PrivateTennis Lessons $ 60.00 (per/hr) PrivateTennis Lessons $ 45.00 (per/45min) PrivateTennis Lessons $ 30.00 (per/30min) Semi -Private Lesson (per/player) (2 player) $ 30.00 (per/hr) Group Lesson (per/player) (3 player) $ 20.00 (per/hr) Group Lesson (per/player) (4+ player) $ 15.00 (per/hr) Head Pro PrivateTennis Lessons $ 50.00 (per/hr) PrivateTennis Lessons $ 25.00 (per/30min) Semi -Private Lesson (per/player) (2 player) $ 25.00 (per/hr) Group Lesson (per/player) (3 player) $ 18.00 (per/hr) Group Lesson (per/player) (4 player) $ 16.00 (per/hr) Group Lesson (per/player) (5+ player) $ 12.00 (per/hr) Assistant Pro PrivateTennis Lessons $ 45.00 (per/hr) PrivateTennis Lessons $ 22.50 (per/30min) Semi -Private Lesson (per/player) (2 player) $ 22.50 (per/hr) Page 7 of 10 Proposed City Tennis Fee Schedule Group Lesson (per/player) (3 player) $ 15.00 (per/hr) Group Lesson (per/player) (4 player) $ 12.00 (per/hr) Group Lesson (per/player) (5+ player) $ 10.00 (per/hr) D. Ileague Fees USIA Sanctioned Leagues Adult 18 & Over Leagues (2 singles & 3 doubles) $ 57.00 per/league match Adult 40 & Over Leagues (2 singles & 3 doubles) $ 57.00 per/league match Adult 55 & Over Leagues (3 doubles) $ 43.00 per/league match Mixed 18 & Over Leagues (3 doubles) $ 43.00 per/league match Mixed 40 & Over Leagues (3 doubles) $ 43.00 per/league match E. Facility Rental Fees HEB Tennis Center 22max courts (Full day more than 6hrs) $ 600.00 per/rental 22max courts (Half day less than 6hrs) $ 300.00 per/rental llmax courts (Full day more than 6hrs) $ 300.00 per/rental llmax courts (Half day less than 6hrs) $ 150.00 per/rental Al Kruse Tennis Center 10max courts (Full day more than 6hrs) $ 300.00 per/rental 10max courts (Half day less than 6hrs) $ 150.00 per/rental Page8of 10 Tennis Facility Employee an Site City staff's Mame Scope of Work Attachment A-2 Tennis Centers Facility inspection Form Date 1 Is the pro -shop clean and free of trash and debris? 2 Are the days and hours of operation clearly visible on the door or window? 3 Is information about programs/tournament/clinics offered clearly displayed? 4 Are the fire extinguishers and First Aid Kits current on inspections and readily accessible? 5 Have the AC/Heatingfikers been cleaned or changed? 6 Is the staff's appearance clean/appropriate for a tennis center? 7 Are storage areas organized and maintained? 8 Are Restroorns clean and properly stocked? 9 Are locker rooms clean and in sanitary condition? 10 Is there a fire evacuation plan posted in a conspicuous location? 11 Are the courts free of debris? 12 Are the benches in good condition and available to every court? 13 Are the windscreens in good condition and secured to the fence? 14 Are the nets and center straps all in good playable condition? 15 Is a backboard available to the public and In good condition? 16 is the grass mowed and properly edged? 17 Are the treestrimmedin accordance to City Standards? Notes: Yes No ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ 0❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ Each question is worth 1 pt. Add up all boxes checked yes and divide by the total number of questions. SCORE / 17 Page 9 of 10 GRADE Tennis Facility Employee on Site City Staffs Name Scope of Work Attachment A-3 Tennis Centers Programming Form 1, Does the tennis center offer tennis Open Play to the public? 2 Does the tennis center offer tennis lessons? 3 Does the tennis center offer tennis leagues? 4 Does the tennis center offer tennis tournaments? 5 Does the tennis center offer a variety of programs? Notes: Date 1 2 3 4 ❑ ❑ ❑ 0 O 000 O 000 O 000 ❑ ❑0❑ SCORE / 20 GRADE Grading Scale Pts Does the tennis center offer tennis Open Play to the public? 1 less than S00 open court fees reported, (number of players not revenue generated) 2 500-999 open court fees reported, (number of players not revenue generated) 3 1,000-1,500 open court fees reported, (number of players not revenue generated) 4 More than 1,500 open court fees reported, (number of players not revenue generated) Pts Does the tennis center offer tennis lessons? 1 No tennis lesson is being offered 2 Generated less than 525 000.00 in revenue from lessons 3 Generated 525,000.00-549,999.99 in revenue from lessons 4 Generated more than $50,000.00 in revenue from lessons Pts Does the tennis center offer tennis leagues? 1 No tennis leagues are being offered 2 Less than 5leagues offered at the tennis center 3 5-9 leagues offered at the team is center 4 More than 10 leagues offered at the tenni; renter Pts Does the tennis center offer tennis tournaments? 1 No tournaments being offered 2 Less than 3 tournamentsa year 3 3-4 tournaments a year 4 5f tournaments year pts Does the tennis center offer a variety of programs? 1 Programs are not offered at tennis center 2 Tennis lessons are the only program offered at tennis center 3 Tennis lessons and tennis leagues are the only program offered at tennis center 4 Variety of programs are offered at tennis center including: lessor, leagues and camps Page 10 of 10 DATE: ld U. /6, 2O/8 Attachment B - Pricing CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION RFP Na. 1868 Al Kruse Tennis Center Management PAGE 1 OF 1 0,),u v Et_ /zoiutla PROPOSER AUT ORIZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 1.0 Management Fee to Include all expenses and fees to operate the Center, excluding anticipated revenue 60 Months 41, //9 moo 4 at -,moo Attachment C - Insurance/Bond Requirements CONTRACTOR'S LIABILITY INSURANCE REQUIREMENTS 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 Aircraft Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, Aircraft Liability and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of 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. 5500,000/$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 fen (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. R is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2019 Insurance Requirements Purchasing Parks & Recreation Tennis Centers - Al Kruse & HEB Tennis Centers Management 01/18/2019 sw Risk Management BOND REQUIREMENTS: No bond requirements necessary for this service agreement; Section 5. (B) is null for this Service Agreement. AGENDA MEMORANDUM Future Item for the City Council Meeting of February 12, 2019 Action Item for the City Council Meeting of February 19, 2019 DATE: February 12, 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 Subscription and Maintenance of Customer Engagement Software for Utilities Department CAPTION: Motion authorizing an amendment for a one-year service agreement for subscription and maintenance of customer engagement software with WaterSmart Software, Inc of San Francisco, California for an amount not to exceed $112,500. PURPOSE: The service will provide a subscription service for City access to a Dashboard for 100,000 accounts and Customer Portal access for 30,000 accounts. BACKGROUND AND FINDINGS: WaterSmart software is a leading cloud -based customer engagement and analytics platform for water utilities. WaterSmart allows the City to engage with their customers at key moments to reduce service costs, protect revenue and resources, and increase customer satisfaction. This software will work in conjunction with the City's automatic reading system to provide the water utilities customers access to their daily water usage, alerts for high consumption and conservation tools to reduce water usage. In addition to the customer engagement tools, Watersmart will provide the Water Utility Department with custom designed analytics to support water rate modeling, system design and water conservation efforts. The City originally contracted to provide to City staff and 30,000 potential customers access to a dashboard plus portal showing the customer's water usage as a pilot program. At the time, City Staff were not aware that in order to implement this pilot program 30,000 customers would have to be pre -identified. Without access to all 100,000 customer accounts, staff were unable to identify the customers that would most benefit from access to this water usage information. Upon this discovery, Staff began negotiating a new plan with WaterSmart to have the flexibility needed. Therefore, this amendment has been developed to add access to all 100,000 accounts in order to be able to choose as needed the 30,000 accounts to access the customer portal. This is a sole source purchase. 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 $1,630,825.81 $0.00 $1,630,825.81 Encumbered / Expended Amount $436,631.66 0.00 $436,631.66 This item $112,500.00 $0.00 $112,500.00 BALANCE $1,081,694.15 0.00 $1,081,694.15 Fund(s): Water Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Amendment Service Agreement Bid Tabulation Amendment City of Corpus Christi Purchasing Division Date: January 17, 2019 Service Agreement No: 65099 — Subscription and Maintenance of Customer Engagement Software Reference: SA 65099 Amendment No. 1 Service Agreement Current Value: $45,000 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Water Smart Software, Inc., San Francisco, California hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the Service Agreement No. 65099 and all other duly executed Amendments, constitutes the entire agreement under the above -referenced Service Agreement between the City and the Contractor. I . This Amendment modifies Section 2. Term under the above referenced agreement, effective through the end date of the above -reference service agreement as follows: The term of the contract is for 12 months from the date of issuance of revised notice to proceed. This Amendment modifies Section 3. Compensation and Payment under the above - referenced service agreement, effective through the end date of the above -referenced service agreement as follows: The subscription dashboard only access charge for each additional water account is $0.75. The cost for Setup and additional 70,000 water accounts dashboard access is $67,500. The revised value of this Service Agreement is a not to exceed amount of $112,500.00 This Amendment modifies Scope of Work — Attachment A as follows' The scope of work incudes Setup plus Subscription for Dashboard -only access for the additional 70,000 water accounts. This, combined with the original Subscription for Portal access for 30,000 water accounts, gives City access to its 100,000 water accounts in the Dashboard. The Contractor will allow City to register up to 30,000 Portal accounts on a rolling basis as selected by the City. Page 1 of 2 Iv. This Amendment modifies Bid/Pricing Schedule — Attachment B as follows: Description Unit/Price Cost Setup Free Subscription Fee for Dashboard -only access for 70,000 accounts $15,000 Invoicing Schedule 30 Days from Effective Date 70,000 accounts @ $0.75 per account Subscription Fee for Dashboard plus Portal access for up to 30,000 accounts 30,000 accounts @ $1.50 per account $52,500 $45,000 90 Days from Effective Date 90 Days from Effective Date Total Not to Exceed Fee $112,500 The Contractor and the City agree to and shall abide by all terms and conditions of the original Service Agreement and any Amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. Erik Andersen Head of Sales Water Smart Software, Inc. ri 017. Date Kim Baker Date Asst. Director of Financial Services City of Corpus Christi, Texas Page 2 of 2 1852 SERVICE AGREEMENT NO. 65099 Subcription and Maintenance of Customer Engagement Software THIS Subcription and Maintenance of Customer Engagement Software Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home - rule municipal corporation ("City") and WaterSmart Software, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Subcription and Maintenance of Customer Engagement Software in response to Request for Bid/Proposal No. 65099 ("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 Subcription and Maintenance of Customer Engagement Software ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 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 Periods)"), 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 $45,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Subscription fees are payable annually in advance. Contractor may invoice City for the annual subscription fee of $45,000 upon completion of setup and commencement of the services, subject to City's acceptance thereof, and City agrees to pay such invoice within 30 days. 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 Service Agreement Standard Forrn Page 1 of 7 during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. 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: Wesley Nebgen Department: Utilities Phone: (361)-826-3111 Email: WesleyN@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that 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 Service Agreement Standard Form Page 2 of 7 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. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services in accordance with the Software -as -a -Service Provisions attached hereto as Attachment E (the "SaaS Provisions"). 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 Tess 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. Service Agreement Standard Form Page 3 of 7 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 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 Contractor 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: Wesley Nebgen Title: Assistant Director of Maintenance of lines Address: 2726 Holly road, Corpus Christi, TX 78469 Phone: (361)-826-3111 Fax: None Service Agreement Standard Form Page 4 of 7 IF TO CONTRACTOR: WaterSmart Software, Inc. Attn: Michelle Camp Title: Regional Sales Director Address: 20 California St. # 200, San Francisco, CA 94111 Phone: (5121-422-1647 Fax: None 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE NEGLIGENT PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT OR 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. CONTRACTOR'S LIABILITY AND OBLIGATIONS HEREUNDER ARE SUBJECT TO THE LIMITATIONS OF SECTION D OF THE SAAS PROVISIONS. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Service Agreement Standard Form Page 5 of 7 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Notwithstanding the foregoing, Contractor may without City's consent assign this Agreement in the context of Contractor's merger, acquisition, or other change in control. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. Attachment E - Software -as -a -Service Provisions; C. its other attachments; D. the bid solicitation document including any addenda (Exhibit 1), as modified by the Contractor's bid response (Exhibit 2). 22. Certificate of interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement 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 Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. Service Agreement Standard Form Page 6 of 7 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 CONTRACTOR Signature: - - L --- Printed Name: Title: Oct_ ?,- sd 2cv.-1" o F -$ ((s fir. c 4A -se, Date: NOVe..11 1,60- 2, 2.01g CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division Date: U. • l8 ROVED TO LEGAL FORM: �. ty. ssistant Ci " 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: Software -as -a -Service Provisions Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 65099 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 SCOPE OF WORK ATTACHMENT A: SCOPE OF WORK A. The Contractor will provide access to a Customer Portal for up to 30,000 utility customers for a term of 1 year. B. The Contractor will provide access to a Utility Analytics Dashboard for the 30,000 subscriber accounts for a term of 1 year as designed. C. As a software -as -a -service (SaaS) provider, the Contractor will provide hosting and maintenance of the Customer Portal and Utility Analytics Dashboard for the 30,000 subscriber accounts for 1 year. D. The City is responsible for providing Water Smart key program inputs including account information, regular feeds of meter data, customer billing information including bill date, amount due, and PDF copies of customer bills (when available) in addition to City logos and contact information. The City is also responsible for timely feedback and input on key program elements during initialization. The City maintains responsibility as the primary contact for customer inquiries and technical assistance. E. The Contractor will designate a customer success manager, and the City shall designate a project manager for the program. All City decisions shall be channeled through the City's project manager. In addition, the City shall designate a Data contact who is responsible for providing the data indicated below. F. Content and design of all materials are subject to change over time, as the Contractor incorporates new features. G. This scope of work and agreement cover services rendered over term of the agreement. The exact timing of program launch, and duration of services may vary depending on City resource levels, data availability, and other unforeseeable events. The Contractor endeavors to adhere to the proposed schedule. City's responsiveness and prompt provisioning of necessary program inputs is also critical to schedule adherence. A proposed schedule is provided in Attachment Al, Schedule of Performance. H. The Contractor will provide alerts to customers to notify of potential high volume or continuous use leaks, to notify a customer that they have reached a self-selected consumption threshold, or to inform customers before the end of the billing cycle that they are likely to have high water use on their upcoming bill. Threshold notifications and leak alerts are further enabled by AMI, though they are also available for non - AMI customers. Alerts can be sent through multiple channels—email, SMS text message, or automated voice call. Burst leak alerts are currently targeted at single - Page 1 of 7 family residential accounts and irrigation-only accounts, whereas continuous use leaks are available for all meter classes. The leak resolution workflow helps customers identify the source of their leak and resolve the leak on their own. I. The Contractor will provide Group Messenger, a module within the Utility Analytics Dashboard that allows rapid delivery of targeted, timely, and topical messages to groups of customers. The integrated 'Lists' tool allows the City to create custom lists of accounts to analyze or communicate with. Group Messenger supports multiple communication channels, including email, SMS text, and automated voice. J. The Contractor will provide Electronic Bill Presentment that allows City customers to view their billing amount online. The City has the option to present the billing amount or display a PDF of the bill. K. Program initialization and subscription begin with Contract Signing (or Purchase Order Issue if a Purchase Order is necessary for invoicing). The City should move to set up data transfers with the quickest speed to make the most use of their subscription. Significant delay on the part of the City during launch may result in less than 12 months of access to the Customer Portal and Utility Analytics Dashboard and/or fewer than the planned number of communications to be sent during the 12-month period. If the City delays approval of a renewal or extension agreement, the Contractor may, at its discretion (assuming the renewal agreement is retroactive to being at the previous contracts' end), maintain Customer Portal and Utility Analytics Dashboard access and functionality, in the interim, for up to 90 days at which time all access is revoked until the renewal/extension has been signed. L. To initialize the program, the Contractor will work with the City to set up the transfer of key data elements, discuss configurable elements of the Customer Portal, and train City employees on the Water Smart platform. Below are the key steps for the Program Initialization Phase. 1. Kickoff: The Contractor will conduct a 60- to 90-minute introductory online meeting to orient City staff involved in the Program with the Customer Portal and Utility Analytics Dashboard Applications and Alerts. The Contractor suggests the City include a representative from each functional group that will be involved with the setup and use of the program, including: Conservation, Customer Service, Field Service, Finance, Marketing/Public Information Office, and Information Technology (IT) representatives. 2. Data Transfer and Utility Obliaations: While the Contractor has developed processes to minimize the burden on City staff to launch the program, initiative and technical know -how on the part of City IT staff, consultants or existing vendors is necessary. All scheduling of City IT time and approval of any additional AMI, CIS, or Payment vendor service agreements for the project are responsibilities of the City and should be confirmed in advance to ensure a timely launch. Delays on the part of the City may reduce the number of months the City and its customers are able to make use of the software platform. Page 2 of 7 Contractor works with the City to securely transfer a dataset on accounts, including but not limited to the following data: Account Information • Account Number, Account Type and Account Sequence Number • Property APN, where available • Meter Size • Customer Name • Service and Billing Address • Customer Mobile Number and Email, where available Consumption History The Contractor requests, for at least the last two years but ideally for five to ten years in the past, such fields as, but not limited to: • Account Number • Account Sequence Number • Meter I.D. (serial number) • Current Meter Read Date • Previous Meter Read Data • Days in Billing Cycle • Consumption • Bill and water allocation details as per mutually agreed * Note this consumption history is for billed consumption, with up to twelve data points per account per year. Water Smart does not load historic interval data. Current Consumption: The Contractor will work with the Utility to set up a regular transfer of meter reads from the Utility to Water Smart through a secure channel. This is the same file format as the system above. The Contractor requests, for accounts with interval data: • Account Number • Timestamp • Time zone • Consumption • Additional details as mutually agreed Should Utility implement new data management systems after the first initialization process, or otherwise provide data files in a new format which requires the Contractor to re -onboard new file structures or map historical identifiers (e.g., customers, accounts, premises, service points), The Contractor Page 3 of 7 will be allowed an additional one-time fee not to exceed $10,000 upon receipt of first test files from the new system. AMI Interval Information • Date and time of read • Volume of water read for interval • Time zone including daylight savings • Additional details as mutually agreed Bills and Payments • Due date of bill • Total amount due by the due date • PDF Identifier • Date payment is received • Amount of payment 3. Configuration of Customer Portal: The Customer Portal contains several configurable fields. The Contractor works with the City to configure the Customer Portal with City logo and contact information. The Contractor provides messages and recommendations for City to review and approve for display on a targeted basis. City has the opportunity to approve or exclude any recommendations shown in the Customer Portal. The City also has the opportunity at the start of the program to provide the Contractor with information on available rebates and incentives that should be flagged within relevant water saving recommendations. City and Contractor agree to complete this process in a timely manner. City should provide final approvals to the Contractor no more than ten business days from when initial materials are provided to City. For both Messaging and Recommendations, the review process is as follows: (1) the Contractor sends default content to City. (2) City project manager sends back a single, consolidated list of approved messages. (3) Contractor's customer success manager can offer the City the opportunity to proof finalized content of the Customer Portal once they are configured. 4. Spanish Language Availability: The Water Smart Customer Portal is available in English and Spanish. A customer can change their preferred language within the Portal. Take Action Recommendations may not be available in languages beyond English. 5. Trainina: After all initial customer data has been received and program content is finalized, the Contractor will provide City staff with training via webinar and resources to understand the features and functionality of the Customer Portal and Utility Analytics Dashboard. M. The Contractor does not communicate directly with the City's customers; end-user support is the responsibility of the City. Page 4 of 7 N. The Contractor will provide a number of tools to facilitate both end-user support as well as assist City staff looking to understand and maximize their Water Smart experience. These include: (1) the Water Smart Support Site, which is accessible by all City staff, includes responses to Frequently Asked Questions as well as common troubleshooting topics, how-to videos and other customer support -oriented content. (2) The Customer Detail Page that helps customer service representatives respond to Customer inquiries by providing all relevant customer property and water use information, a complete history of notes and email interactions, a quick link to their portal and step-by-step process support for common questions around high bills. (3) A Live Chat feature that allows City staff to ask questions about data, get help with challenging customer questions, provide product feedback and more. Users can typically expect to receive a response within the hour. Chat is available between the hours of 7 a.m. and 6 p.m. PST Monday thru Friday, excluding federal holidays. (4) Quarterly Product Webinars that provide the latest Water Smart news including product releases, practical implementation case studies, a forum to interact with other Water Smart customers and sneak previews of upcoming products and functionality. 0. In addition to the above support tools, the Contractor will provide the following services: (1) dedicated Customer Success Manager (CS Manager): the CS Manager will support the City program, answer questions, provide updates, support complex tasks, provide new feature updates and additional training as needed. The CS Manager is available by telephone and email to answer specific programmatic and technical questions during regular business hours. CS Manager support will be capped at 1 hour per week for the City. (2) Quarterly check-in meetings: meetings will track performance relative to City objectives and adjust as necessary, provide implementation support, review best practices, support outreach efforts, gather feedback and answer any questions. (3) Portal content customization: the CS Manager can help the City create personalized messaging for the Customer Portal and outbound Engagement vehicles, including Group Messenger, if requested. P. The Contractor maintains commercially reasonable systems and controls designed to maximize monthly uptime and minimize unscheduled outages of the Customer Portal and Utility Analytics Dashboard. Excluding any down time for maintenance and/or upgrades, the Contractor makes strong efforts to provide Customers and the City with access to their respective Web applications on a continuous basis. The Contractor provides advance notification of any planned outages and notifies the City without unreasonable delay if it detects or receives notice of any material problems relating to the Customer Portal and/or the Utility Analytics Dashboard. Water Smart's Web Applications include dynamic and interactive charts and tables that may not be compatible with older Internet browsers. The Internet browser and operating system requirements are: (1) Windows XP: Chrome 38+, Firefox 32+ (2) Windows 7, 8, 8.1, 10: IE 11+, Chrome 38+, Firefox 32+ (3) Mac: Chrome 38+, Firefox 32+, Safari 10+ Water Smart's system requirements are subject to change in the future. Q. The Contractor does not share personally identifiable customer information or customer -specific water use information with any third party without prior consent from the City. Data transferred to the Contractor from the City is stored in a database Page 5 of 7 dedicated to the City and its Water Smart project. The data is not comingled with the data provided by any other entity; provided, however, that certain anonymous data may be copied and consolidated with data provided by one or more other entities for the research and product development purposes subject to the terms of the Agreement. The Contractor enacts standard controls, policies, and procedures to ensure the security of the City's data and customer -provided information, including but not limited to choosing a reputable cloud -server vendor with appropriate physical security of server infrastructure, secure public-private key -based login to all Water Smart server infrastructure, password authentication on all Web site interaction, and audit logging. The Contractor provides the City with private key access to a secure FTP destination for regular delivery of the data. The City agrees to send data only through this secure channel, or by having the Contractor pull data from a secure server maintained by the City or City partner. Page 6 of 7 Attachment Al: Schedule of Performance . Estimated Initialization Schedule Task Weeks Weeks Weeks Weeks Weeks Weeks Weeks 1-2 3.4 5-6 7-8 9-10 11-12 13-14 Kickoff Meeting CIty Co mpletes Launch Questionnaire Data Acquisition Process Configuration & Content Review Process QC Process Enntractor Training for City Staff Dashboard and Portal are Live Start Sending Leak Alerts Page 7 of 7 Attachment B: Bid/Pricing Schedule City of Corpus Christi Purchasing Division Buyer: Japan Shah Subcription and Maintenance of Customer engagement software Utilities Department Water Smart San Fransciso, California Item Description Unit Qty Total Price 1 Subcription and Maintenance of Customer Engagement Portal Lump sum 1 45,000.00 Total 1 $ 45,000.00 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 all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be fisted in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non-renewai, materiai change, or termination required on all certificates and poiicies. 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 Page 1 of 3 WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 CYBER LIABILITY $5,000,000 Per Occurrence $5,000,000 Aggregate C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II, ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Tess 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; Page 2 of 3 • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 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 Customer Engagement Software Service Agreement — Utility Customer Portal 10/17/2018 sw Risk Management Page 3of3 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 ATTACHMENT E: SOFTWARE AS A SERVICE PROVISIONS WaterSmart Software -as -a -Service Provisions BACKGROUND: WATERSMART's customer engagement and data analytics services are to be provided primarily by utilization of WATERSMART's proprietary software hosted on WATERSMART's computer systems and accessed by authorized users over the Internet. This is a shared cost software utilization model which enables customers to achieve substantial cost savings versus commissioning custom development of software or licensing software for installation and maintenance on customers' computer systems. Companies like WATERSMART are commonly referred to as "SaaS" or "software -as -a -service" providers. Certain supplemental provisions which are customary within the SaaS sector and essential to enabling WATERSMART's SaaS service model and providing substantial cost savings for Utility, are set forth below and incorporated by reference in the Agreement. Also included below are additional terms applicable to bill payment, leak alert and group messenger services if such services are elected by Utility. A. WATERSMART's reservation of intellectual property rights WATERSMART has created, acquired or otherwise currently has rights in, and may, in connection with the performance of this Agreement or otherwise develop, create, employ, provide, modify, acquire or otherwise obtain rights in various inventions, concepts, ideas, methods, methodologies, procedures, processes, know-how, techniques, models, templates, software, applications, documentation, user interfaces, screen and print designs, source code, object code, databases, algorithms, development framework repositories, system designs, processing techniques, tools, utilities, routines and other property or materials, including without limitation any and all subject matter protected or which may be protected under patent, copyright, mask work, trademark, trade secret, or other laws relating to intellectual property, whether existing now or in the future, whether statutory or common law, in any jurisdiction in the world ("WATERSMART IP"). Utility acknowledges that WATERSMART owns and shall own all intellectual property rights in and to deliverables hereunder, the WATERSMART IP and derivative works of WATERSMART IP (whether independently or jointly conceived), regardless of whether or not incorporated in any print or electronic Water Reports, Customer Portal, Utility Dashboard, or other software or deliverable provided to Utility by WATERSMART, and that Utility shall acquire no right or interest in the same. Utility agrees to assign, and hereby does assign, any right, title and interest in any suggestions, enhancement requests, or other feedback provided by Utility relating to services offered by WATERSMART. If and to the extent any such assignment is ineffective, Utility hereby grants to WATERSMART a royalty -free, worldwide, irrevocable, perpetual license to use and incorporate into its services any such suggestions, enhancement requests, or other feedback provided by Utility. Subject to the foregoing, authorized employees and customers of Utility may during the term of the Agreement access and use the WATERSMART SaaS services, print and electronic Water Reports, Customer Portal, Utility Dashboard, Extended Messaging Services, other deliverables provided to Utility by WATERSMART, and applicable bill presentment services, each as so specified by the Scope of Work, for purposes of Utility's customer engagement program, customer billing, and for Utility's internal purposes, so long as Utility is current with respect to its financial and other obligations under the Agreement. Such authorization is limited to Utility's service territory and is non-exclusive, non -transferable, and non- sublicenseable. If Utility enters into an agreement with a third party contractor of WATERSMART related to bill payment services, the intellectual property provisions of such agreement shall apply with respect to intellectual property owned or controlled by such third party. Any rights not expressly granted herein are reserved by WATERSMART and its licensors. B. Utility's cooperation in providing necessary inputs Deliverables to be provided by WATERSMART via its proprietary software require certain data from Utility. Utility shall provide WATERSMART with those data, records, reports, approvals and other inputs identified for Utility to provide in the Scope of Work or otherwise requested by WATERSMART. Utility shall ensure that such inputs are accurate and within Utility's legal rights to share with WATERSMART subject to the confidentiality and other applicable provisions of the Agreement. Time is of the essence, and Utility shall provide its inputs within the timeframes specified for Utility by the Scope of Work. If bill payment services are included in the Scope of Work, Utility shall cooperate with WATERSMART and its applicable third party partner(s) in timely providing the data, records, reports, approvals and other inputs requested for such services. WATERSMART shall not be responsible for delays outside WATERSMART's control, and deadlines for WATERSMART's performance shall be adjusted, if necessary, to accommodate delays by Utility 2/ WaterSmart Software S M AR 7 C. Confidentiality and WATERSMART's use of aaaregated data All data, documents and other information received or accessed by one party ("Receiver") from the other party or its end users (collectively, "Discloser") for performance of this Agreement, including without limitation personally identifiable information and financial information, are deemed confidential. Such information shall not be used or disclosed by the Receiver without the prior written consent of the Discloser or owner (which may include without limitation consent by end users to share any information with additional users they authorize), except to the Receiver's employees and contractors on a need -to -know basis for performance of this Agreement with appropriate confidentiality protections. For this purpose, protected confidential information shall not include (1) information that, at the time of disclosure, is publicly available or generally known or available to third parties, or information that later becomes publicly available or generally known or available to third parties through no act or omission by the Receiver; (ii) information that the Receiver can demonstrate was in its possession prior to receipt from the Discloser; (iii) information received by the Receiver from a third party who, to the Receiver's knowledge and reasonable belief, did not acquire such information on a confidential basis from the Discloser; (iv) information the Receiver can demonstrate was independently developed by it or a third party; or (v) information that the Receiver is legally required or compelled by a court to disclose, including information disclosed by the Utility in accordance with the Texas Public Information Act. The foregoing confidentiality obligations are subject to the following clarification of the parties' rights and obligations with respect to aggregated and anonymous data. Utility hereby gives its permission to WATERSMART to use and disclose on an anonymous and/or aggregated basis (excluding any personally identifiable information) any data pertaining to Utility end customers and their water consumption, including without limitation derivative data and data combined with the data of other utilities, for purposes of project evaluation and any research, product development, marketing, or other legitimate business purposes. This Section C shall survive any termination or expiration of the Agreement. Each party shall post and comply with its applicable privacy policy. D. Software corrections and third party acts; limitation of liability for SaaS services In the event that WATERSMART's services fail to meet specifications or other requirements specified by the Scope of Work, Utility shall promptly notify WATERSMART and WATERSMART shall promptly correct any defect or substitute services, software, or products to achieve the functionality and 3/ WaterSmart Software k a 7 E SMART . 7 r benefits originally specified. If WATERSMART promptly makes such correction or substitution, WATERSMART shall have no further liability with respect to said defect(s), notwithstanding any other provision of the Agreement. All warranties not expressly stated in the Agreement are disclaimed. Utility understands that Utility's use of WATERSMART's services provided online may be interrupted by circumstances beyond WATERSMART's control involving third parties, including without limitation computer, telecommunications, network, Internet service provider or hosting facility failures or delays involving hardware, software, networks, or power systems not within WATERSMART's possession or direct control, and network intrusions or denial of service attacks (collectively, "Third Party Acts"). WATERSMART shall not be responsible or otherwise liable for any Third Party Acts, including, without limitation, any delays, failures, or security breaches and damages resulting from or due to any Third Party Acts, provided that WATERSMART has exercised due care. However, in the case of any Third Party Act which will delay or prevent WATERSMART from providing online services to Utility, WATERSMART will promptly notify Utility and assist in mitigating any impact. Neither party will be liable to the other, under any non -indemnity claim relating to this Agreement, for any indirect, incidental, exemplary, special, reliance or consequential damages, including loss of profits or loss of data, even if advised of the possibility of these damages. Under no circumstances or event shall WATERSMART's total cumulative liability for losses or damages of any kind arising under or relating to this Agreement and under any theory (contract, tort, defense and indemnity, or otherwise), exceed (i) the fees received by WATERSMART for the services that give rise to the liability in the twelve months preceding the accrual of such liability, or (ii) available insurance proceeds from WATERSMART's carriers, whichever is higher. The foregoing limited remedy and limitation of liability provisions shall apply notwithstanding any conflicting provisions or any failure of essential purpose with respect to a limited remedy or limitation of liability, and shall survive any termination or expiration of the Agreement. Utility acknowledges that pricing for WATERSMART's services would be substantially higher without the aforementioned limitations. E. Technology and services infrastructure vendors WATERSMART as a SaaS provider utilizes the secure cloud hosting platform of a third party industry leader in cloud computing with state -of - the art security to host the data of all WATERSMART customers. WATERSMART utilizes a reputable third party vendor to perform printing and mailing services when included within the scope of WATERSMART's work. For bill payment services, including credit card, debit card, and ACH 4 / WaterSmart Software • - i 1. SMART payments and authentication, WATERSMART works with leading edge, reputable third party vendors specializing in such functions. Since the referenced cloud hosting platform, printing and mailing vendors, bill payment services providers, and certain other vendors performing similar or related functions, are integral components of WATERSMART's technology and services infrastructure used across its pertinent customer base and are not specific to Utility and services under this Agreement, Utility acknowledges that such utilization or collaboration is not considered subcontracting of WATERSMART's services under this Agreement. If Utility elects to make bill payment services available to its end customers, the pertinent end users and Utility assume all risks associated with such services, and no indemnity provisions in favor of Utility shall apply to such services, except in the event of WATERSMART's willful misconduct. In the absence of willful misconduct by WATERSMART, Utility's sole remedies related to bill payment services shall be from the independent third party provider of such services in accordance with any contract between Utility and such provider. If Utility enters into an agreement with any third party contractor of WATERSMART for any other services ancillary or related to the services provided by WATERSMART during the term of this Agreement, Utility shall first seek and exhaust all remedies from such third party contractor prior to seeking any remedy from WATERSMART with respect to such services. With respect to all bill payment services, as well as any services provided by independent third party contractors not in contract with WATERSMART, including without limitation any such services which at Utility's request or direction are integrated by WATERSMART into its electronic interfaces for Utility, WATERSMART shall not be responsible for services provided by such third parties. F. Compliance With Laws WaterSmart shall comply with all federal, state and local laws, regulations, regulatory rulings, and ordinances as may be applicable to the performance of its services under this Agreement. Utility shall comply with all federal, state and local laws, regulations, regulatory rulings, and ordinances related to this Agreement, and shall have sole responsib€lity for securing any necessary regulatory approvals, if any, for this Agreement and/or the services hereunder. Utility shall be responsible for obtaining from its end customers any consents and providing any notices, if any are legally required, for the services to be provided by WaterSmart hereunder, as well as any bill payment or other third party services elected by Utility. 5 / WaterSmart Software - I SMART • G. Extended Messactina Services If Utility elects to utilize WATERSMART's leak alert or group messenger services, certain supplemental legal terms shall apply. These supplemental terms ("Extended Messaging Terms") are set forth below and shall prevail in the event of any conflict or inconsistency. For avoidance of doubt, the Extended Messaging Terms apply to all WATERSMART services involving automated phone calls (conventional and mobile), pre-recorded messages, text messages, and other such bulk communications (including emails outside of WATERSMART's core customer engagement offerings) (collectively, "Extended Messaging Services"). 1. Utility shall be solely responsible for the content of any messages or communications to end customers which Utility initiates or authorizes in connection with the Extended Messaging Services, as well as Utility's selection of any vehicle (ie., conventional phone, mobile phone, text, email) for such messages or communications. WATERSMART shall have no responsibility or liability of any kind with respect to messages or communications initiated or authorized by Utility or its representatives. For avoidance of doubt, if the Agreement has indemnity provisions in favor of Utility such provisions shall not apply to the Extended Messaging Services, except in the event of WATERSMART's willful misconduct. 2. If Utility elects to make available to its end customers Extended Messaging Services offered by WATERSMART to alert end users of potential leaks or high water usage, the pertinent end users and Utility assume all risks associated with such alerts, and no indemnity provisions in favor of Utility shall apply to such risks (including without limitation any liability claims for failure to alert or inaccurate alerts), except in the event of WATERSMART's willful misconduct. 3. With respect to Extended Messaging Services, WATERSMART's role is limited to delivering via its technology platform Utility's communications through vehicles selected by Utility; accordingly, compliance with applicable laws (which may vary by state and locale) is strictly Utility's responsibility with respect to Extended Messaging Services notwithstanding any provision to the contrary. 4. Utility is encouraged to consult legal counsel of its own with respect to this Agreement and in reference to Federal Communications Commission Declaratory Ruling FCC 16-88 (released August 4, 2016), any Extended Messaging Services, and compliance with applicable federal, state and local laws, regulations and regulatory rulings, and ordinances. Utility shall not rely on WATERSMART or WATERSMART's representatives for legal advice or guidance concerning the content or appropriate vehicles (ie., conventional phone, mobile phone, text, email) for communications with Utility end customers. 6/ WateiSmart software SMART w ., 5. In order to provide the Extended Messaging Services at efficient cost and with optimal levels of security and reliability, WATERSMART may utilize one or more third party communications technology and communications services providers. Since such providers are utilized across WATERSMART's pertinent customer base and are not specific to Utility and service choices by Utility under the Agreement, Utility acknowledges that such utilization is not considered subcontracting of WATERSMART's services under the Agreement. 7/ Wateimart software W A T E R S M A R T. C O M AGENDA MEMORANDUM Future Item for the City Council Meeting of February 12, 2019 Action Item for the City Council Meeting of February 19, 2019 DATE: February 12, 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 Generator Preventive Maintenance and Repair Services for Utilities Department CAPTION: Motion authorizing a one-year service agreement for generator preventive maintenance and repair services, including rentals with Holt Texas Ltd, of San Antonio, TX for an amount not to exceed $100,875, with two one-year options for a total potential multi-year amount not to exceed $302,625. PURPOSE: The service will provide generator preventive maintenance and repair services, including rentals for the Utilities Department. BACKGROUND AND FINDINGS: An extended power loss can have significant negative impacts on wastewater utilities. Losing pumps may lead to direct discharge of untreated sewage to rivers/streams or sewage backup into homes and businesses. The Utilities Department has approximately 23 generators of various sizes used primarily for backup power during power loss. These generators require scheduled maintenance and repairs to ensure they will function properly during emergencies. Furthermore, the Department may need to rent a generator during a power outage if necessary, The Contractor will provide generator preventive maintenance and repair services, including rentals. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received four responsive, responsible bids, and staff is recommending the award to the lowest, responsive, responsible bidder, Holt Texas Ltd. 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 $383,141.79 $243,781.25 $626,923.04 Encumbered / Expended Amount $227,828.13 $0.00 $227,828.13 This item $58,843.75 $243,791.25 $302,625.00 BALANCE $96,469.91 $0.00 $96,469.91 Fund(s): Wastewater, Stormwater, Gas Comments: The initial contract term total is $100,875.00 of which $58,843.75 will be funded in FY2018-19. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation City of Corpus Christi Purchasing Division BUYER : JAPAN SHAH Bid Tabulation RFB 1735 Generator Preventive Maintenance and Repair Services Utilities Department *The Department may have the need to rent generator(s) at any time during the term of the contract; therefore, to obtain better pricing for the rentals, the soliciation stated the price of generator rentals will also be taken into consideration to declare the lowest bidder. We have considered the prices of various generators the Department may possibly need into the calculation, along with the annual preventive maintenance and repairs. The total of the lowest bidder became $1,386,584, but we alloated an allowance of $35,000 for the rentals when we include all the prices. So, the contract value on an annual basis is $100,875 for the lowest bidder Holt Cat. HOLT Waukesha Pearce Clifford Loftin Equipment Company Item Description Unit Qty Unit Rate Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Annual Preventive Maintenance Normal Hours, 8:00 AM to 5:00 PM HRS 125 $ 95.00 $ 11,875.00 485.41 $ 60,676.25 307.17 $ 38,396.25 $ 88.00 $ 11,000.00 2 Technician- Normal Hours, Monday to Friday, 8:00 AM to 5:00 PM HRS 200 $ 150.00 $ 30,000.00 $ 99.00 $ 19,800.00 $ 90.00 $ 18,000.00 $ 95.00 $ 19,000.00 3 Technician Afterhoirs, Weekends and Holidays HRS 60 $ 225.00 $ 13,500.00 $ 149.50 $ 8,970.00 $ 135.00 $ 8,100.00 $ 142.50 $ 8,550.00 Estimated Spend Mark Up(%) Mark Up(%) Mark Up(%) Mark Up(%) 4 Parts $10,000 5% $ 10,500.00 15% $ 11,500.00 14% $11,400 20% $12,000 5 Allowance for Rental of generators $35,000 $ 35,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00 Total Contract Price $ 100,875.00 $ 135,946.25 $ 110,896.25 $ 85,550.00 6 *Generator Rental Prices $ 1,184,834.00 $ 1,273,250.00 $ 1,329,576.00 $ 1,541,760.00 $ 1,386,584.00 $ 1,545,142.50 $ 1,551,368.50 $ 1,712,860.00 *The Department may have the need to rent generator(s) at any time during the term of the contract; therefore, to obtain better pricing for the rentals, the soliciation stated the price of generator rentals will also be taken into consideration to declare the lowest bidder. We have considered the prices of various generators the Department may possibly need into the calculation, along with the annual preventive maintenance and repairs. The total of the lowest bidder became $1,386,584, but we alloated an allowance of $35,000 for the rentals when we include all the prices. So, the contract value on an annual basis is $100,875 for the lowest bidder Holt Cat. SERVICE AGREEMENT NO. 1735 Generator Preventive Maintenance and Repairs THIS Generator Preventive Maintenance and Repairs Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and HOLT Texas Ltd ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Generator Preventive Maintenance and Repairs in response to Request for Bid/Proposal No. 1735 ("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 Generator Preventive Maintenance and 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 two 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 $100,875.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 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. Service 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: Joanna Moreno Department: Utilities Phone: (361)-826-1649 Email: JoannaM@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 that 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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 001 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 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 Contractor 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: Joanna Moreno Title: Contract/Fund Administrator Address: 2726 Holly Road, Corpus Christi, TX 78415 Phone: (361)-826-1649 Fax: (361)-826-4495 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: Holt Texas Ltd Attn: Michael Puryear Title: General Counsel Address: 5665 Southeast Loop 410 Phone: (210)-648-1 11 1 Fax: (210)-648-0079 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement 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 Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 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 CONTRACTO OLT TEXAS, Signature: Printed Name: Title: Date: Michael Puryear General Counsel 01/28/2019 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 and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1735 Exhibit 2: Contractor's Bid/Proposal Response Service 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 Contractor shall provide Generator Preventive Maintenance on an annual basis, Repair, and Generators rentals on as needed basis. B. The Contractor shall provide services to 23 generators of various brands - Olympian, Cummins, Caterpillar, Generac, Onan, Baldor, and Detroit, which are located at Wastewater Treatment Plants, Lift Stations, Storm water pump stations and Gas Buildings. The City's may add or remove generators from the list at their own discretion. C. The Contractor shall be responsible to furnish labor, supervision, tools, materials and equipment necessary to perform preventive maintenance and repair services in accordance with all terms, conditions, and schedules of this scope of work. D. The Contractor shall provide emergency and non -emergency generator repairs. The Contractor technician shall be available 24 hours, 7 days a week for emergency services. E. The Contractor shall provide preferential response for any emergency services requested by the City over any non -agreement customers. F. All work performed under this contract shall be performed in accordance with all applicable codes and standards. 1.2 Preventive Maintenance A. The Contractor will perform preventive maintenance services on an annual basis. The service to be completed on or before June 1st of each year. The City will schedule preventive maintenance service visit. B. Preventive maintenance will be performed, Monday to Friday, from 8:00 AM to 3:00 PM. The Contractor will check in and check out with the on-site Work Coordinator before and after all authorized work is performed. C. The preventive maintenance services shall include at a minimum the following tasks outlined below. This list is not intended to be all inclusive for each generator. The Contractor shall also comply with the specific recommendations of the Original Equipment Manufacturer recommendation for the preventive maintenance and for all parts/materials/fluid requirements. 1. Complete inspection of engine, generator, and associated equipment, including the battery, battery charger, control panel, gauges, support structure, mounting systems, fuel tanks, and exterior of equipment. 2. Check and test all safety devices. 3. Check Engine Coolant. 4. Check for faulty codes and correct deficiencies. Page 1 of 6 5. Verify voltage and frequency output. 6. Adjust engine speed. 7. Adjust fuel regulator (if applicable). 8. Inspect fuel system, air intake, and exhaust systems. 9. Inspect oil for contamination, if necessary, perform metal wear analysis. 10. Test and inspect battery charging cable and connections. 11. Perform fuel analysis, if necessary (diesel fuel generator). 12. Remove and replace lubricating oil and filters. 13. Remove and replace fuel filter and air filter. 14. Remove and replace sparkplugs. 15. Test and inspect battery charging system for proper function. 16. Manually start the generator. 17. Supply load test equipment and Perform load test as per requirement of generator or informed by the work coordinator. 18. Transfer Switches i. Inspect and clean each drive ii. Lubricate moving parts and contact surfaces iii. Inspect and ensure all connections are tight and meet required and/or recommended torque specifications iv. Perform power transfers to ensure proper operation. 19. Dispose any used parts and fluid in accordance with current EPA and/or TCEQ rules and regulations. D. The Contractor shall perform repair and/or replacement parts identified during preventive maintenance. Preventive repairs shall be made to prevent an unscheduled generator breakdown and to ensure continued normal operation of the generator. Replacement of parts shall be made to extend the useful life of the generator. E. Once identified necessary repair and/or replacement of parts, the Contractor shall provide not to exceed estimate inclusive of labor and parts/material cost to the onsite work coordinator for approval. F. The Contractor shall completely document all repairs. A copy of each preventive maintenance service and repair report will be provided to on-site personnel at the time of completion and shall provide the following information: 1. Service Address 2. Model and serial number of equipment repaired 3. Description of the repairs 4. Itemized list of replacement parts/materials 5. Start time, End time and Total hours worked Page 2 of 6 6. Name of approving City personnel 1.3 Repair Service A. Repair service is a request from the Contract Administrator or onsite work coordinator to the Contractor requesting the Contractor to go to a specific generator to correct any problems which needs attention. B. Call back includes emergency or non -emergency repair services. The onsite work coordinator will use prudent judgment to define emergency or non -emergency. The work coordinator decision shall remain final and the Contractor shall act accordingly. C. The Contractor will receive emergency repair requests via telephone and must call back within 15 minutes of call being placed by the work coordinator. During emergency, the Contractor shall reach on site within two-hour response time. D. During non -emergency, the Contractor shall be available at the site within three- hour response time. E. In the event of adverse weather i.e. hurricane, storm, tornado etc., the contractor shall be available after the post weather event. F. The Contractor shall identify the repair required and provide the onsite work coordinator a written estimate of the time and parts/materials required for the repair in order to obtain approval to perform the repair. G. The Contractor shall complete repairs within 24 hours of arrival on site. The contractor will communicate to onsite work coordinator any conditions that may delay work being completed within 24-hour period. H. In case of emergency or adverse weather, the city reserves the right to use another contractor, if the contractor response times are non-compliant. I. If the Contractor is required to leave the premises to obtain parts/materials, onsite work coordinator must be notified. J. Contractor' shall only invoice City's for the time spend on the property. City's shall not pay for time spend in route or travelling to acquire parts/supplies. 1.4 Generator Rentals A. The City will request the Contractor to provide generator rental, if the City needs back up power or current generator is in non -repairable condition. B. The Contractor shall supply a temporary back-up generator meeting the load rating of the affected site to ensure continuity of operations. The Contractor shall supply necessary accessories to start the generator. C. In case of non -emergency or emergency, the City reserve the right to use another contractor, if the contractor response times are non-compliant. D. The City may rent generator that vary in size from 100 to 900 KW. E. The Contractor shall be responsible for the delivery and pick up of the generator. The City of Corpus Christi will be responsible for the loading and unloading of the generator. Page 3 of 6 F. The rental period will start when the equipment leaves from the Contractor premises and the rental period will end when the equipment handover by the City of Corpus Christi to the Contractor. G. The City may rent generator on Sigle Shift, Double Shift or Triple Shift, depends on the circumstances. The Sigle Shift defined as 8 hours/day, 40 hours/week and 160 hours/month, Double Shift defined as 16 hours/day, 80 hours/week and 320 hours/month. Triple shift defined as unlimited usage in a day, week and unlimited month. Month is defined 28 days and Week is defined as 7 days. H. During the rental period, the contractor shall be responsible for the preventive maintenance, repairs and/or replacement of parts of the generator. I. The Contractor shall provide price inclusive of insurance and damage waiver. J. The Contractor shall deliver the generator with full of diesel fuel. The City shall return the equipment full of diesel fuel. The Contractor shall charge to the City, if City fails to fill the tank. The prices should be as per market rate. 1.5 Parts and Warranty A. The Contractor shall make repairs using new and unused Original Equipment Manufacturer (OEM) parts. B. The Contractor shall provide one-year warranty on repairs and one-year warranty or manufacturer warranty on OEM parts. C. Warranty repairs shall be corrected in a timely manner upon notification. If the Contractor, after notice, fails to proceed promptly, the City may have the defects corrected by a third party and the Contractor shall be liable for all expense incurred. Such action shall not relieve the Contractor of further warranty liabilities. D. The Contractor will be responsible for submitting warranty claims to manufacturer. 1.6 Service Personnel A. The Contractor shall employ sufficient full-time service personnel to perform services outlined in this contract. The Contractor's service technician must be trained, experienced and qualified to perform services outlined in this contract. B. The Contractor shall provide proper Personnel Protective Equipment (PPE) for their employees performing the work as required by OSHA and any other Federal, State, or Local codes, Law and Regulations. C. The Contractor's technician shall check in with the onsite work coordinator prior to commencing work and check out after completing the work. This requirement applies to regular maintenance and call back repairs. 1 7 Invoicing A. Invoice pricing shall reflect pricing as shown in the Contract. B. All invoices shall provide detailed information, including: 1. Service Agreement No 2. P.O No 3. Service Address 4. Model and Serial number of equipment 5. Description of repair, PM and rental services Page 4 of 6 6. Itemized list of charges i.e. labor, parts/material, to include copies of all invoices for parts/materials to support markup 7. Name of authorizing City representative 1.8 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.9 Safety The Contractor shall ensure that all work is performed in a safe manner and shall provide all necessary equipment and barriers to protect the work site, workers, city's employees, city's vehicles and property. 1.10 Work Site Locations WWTP Plant Name Address Manufacturer Model # Serial KW 1 Broadway 801 Resaca Cummins #DQKAB7889872 J110266097 2000 2 Laguna Madre 201 Jester Cummins #DQPAB1529208 L150901852 650 3 Whitecap 13409 Whitecap Blvd. Stewart & Stevenson # 12GDT600 71909 600 4 Whitecap 13409 Whitecap Blvd. Cummins #DQFAC1748207 G170215059 900 Lift Station Name Address Manufacturer Model # Serial KW 1 Airport 1000 International Dr. Olympian #D150P1 OLYANAT00730 150 2 1 Buckingha m 7501 S. Staples Caterpillar #LS5 G5A03177 300 3 Greenfields 7310 Canadian Dr. Generac #844874100 2094427 100 4 Cimarron 7401 Cimarron Cummins #DSFAE5782087 L100159146 80 5 Country Club 6300 Everhart Generac #7514330100 2091568 250 6 Jamaica 2092 Jamaica Generac #11287700100 2013944 100 7 Kostoryz 6261 Kostoryz Caterpillar #3306SR48 17YR03152 250 8 Laguna Shores 2902 Laguna Shores Caterpillar #D1258 CATOOC71 HLCO 01 125 9 Oso #1 501 Nile Detroit Diesel 1761231 10608 #500RXC6DT2 500 10 Oso #2 501 Nile Detroit Diesel 1761231 10608 #600RXC6DT2 500 Page 5 of 6 Lift Station Name Address Manufacturer Model # Serial KW 11 Woodriver 4601 Spring Creek Dr. Cummins #DEFG6254688 A080151167 350 12 Sharpsburg 4412 Sharpsburg Rd. Cummins #DFEJ1716425 C170169476 450 13 Mobile Greenwood WWTP Baldor #TS1303J SB2S 160 101 SW Pump Station Name Address Manufacturer Model # Serial KW 1 Power St. 1218 N. Water St. Cummins #DGDBD4489916 J000164716 100 2 Kinney St. 302 S. Water St. Kohler #750REOZM 2134865 760 3 Kinney St. 302 S. Water St. Kohler #750REOZM 2134386 760 4 Kinney St. 302 S. Water St. Kohler #750REOZM 2134387 760 Gas Loc Name Address Manufacturer Model # Serial KW 1 Gas Building 4225 S. Port Ave. Generac #1964780100 2065509 150 2 CNG Fuel Station 5352 Ayers St. Bldg_ 20 , Cummins #1530014 Al620910086 500 Page 6 of 6 Attachment B: Bid/Pricing Schedule Dote: CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 1735 Generator Preventive Maintenance and Repair Services 01/03/2019 Bidder: Holt Texas, LTD. PAGE 1 OF 5 Authorize Signature: is aeiP General eneral Counsel M' 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 Prue. 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 bring Rental Total from Rental Section to Line 5 below. Item Description UNIT QTY Unit Price Total Price 1 Annual Preventive Maintenance - Normal Hours, 8:00 AM to 5:00 PM HR 125 $ 1 5 I $ , t, B 7S. 2 Technician - Normal Hours Monday to Friday, 8:00 AM to 5:00 PM HR 200 $ CO $ So, Do 13 3 Technician - Afterhours, Weekends and Holidays HR 60 $ S i 3, s40 Estimated Spend Mark up (%) 5 '0 4 Parts $10,000 o$ l a, Sao 5 Allowance for Rental of generators $35.000 1 $ tl o $ o o Total V4 c 4�7. CI i 4- \e ,B 7 5 00 r Generator Rental Price list A. If the Contractor does not have generator as per specification given, then the contractor can provide rate for the equivalent one. B. The Contractor needs to provide rate for the single shift, double shift and triple shift. C. Rental Price will be taken in to consideration while determining lowest, responsible and responsive bidder. For the calculation purpose we will consider sum of total of day, week and month and D. Item Description Daily Rental Rate Weekly Rental Rate Monthly Rental Rate Cummins 650 KW #DQPAB1529208 S/N: L150901852 Single shift Double shift Triple shift Stewart & Stevenson 600 KW #12GDT600 S/N: 71909 $ 1,367 $ a, oso k773 $14,00 $ c LI 5D $ 7, zoo Single Shift Double Shift Triple Shift $ 1,3 (7 $ 1, oso Cummins 900 KW #DQFAC1748207 S/N: G170215059 $ 155 1-13 F foo $1,Zf3oo $ 1$ c4So $ a y, (o Da Single Shift Double Shift Triple Shift $ 1 Sao $51_1400 $161200 $ $ 8/oo $2141300 $ 30) at, $/0,too $3d,400 Olympian 150 KW #D150P1 S/N: OLYANAT00730 Single Shift Double Shift Triple Shift $ L y p. $ L LI $ c1(a7S' $;901 5 Caterpillar 300 KW #LS5 S/N: G5A03177 Single Shift $ y o o $ a,'¢ o i $ 71 .o3 $ /0I $ 3, 60D_ $ 10/ I5 $ � loo i $ 46,Po a $ /4{ Y04. Double Shift Triple Shift 6 Generac 100 KW #844874100 SAL 2094427 Single Shift $ 303 $ q55 $ 6,0 4, Double Shift $ Co ` $ /, 3 6"/ . $ /� 8/P $5: Li5K Triple Shift $4_ -7a� $ v' 2 r 7 Cummins 80KW #DSFAE5782087 S/N: 1100159146 Single Shift $ 303 $ `A $ /l 3 b q $ G e--6 $ ("I? Double Shift $ 0 9 , Triple Shift $ .,1 "4:7 $ idi dl r ,$ y,5 4 8 Generac 250 KW #7514330100 S/N: 2091568 Single Shift $ G z $ q'f0 $ 1 2C3 Double Shift $ /1 ki{0 $ .,8,.,10 $ 31%(00 Triple Shift $5(Dyo $ ?,q60 $/1, a1.D 9 Generac 100 KW #11287700100 S/N: 2013944 Single Shift $ 3t, 3 $ y5.5 $ 61,0(0 Double Shift $ 9 o 0/ $ 1, 3 614 $ Lt, o c/ / $ 4 ,18 $ 57454 Triple Shift $ D7a7 10 Caterpillar 250 KW #3306SR48 S/N:7YR03152 Single Shift $ G .27 $ go $ 1 t 3�S 3 $ -3 06 o $/ I a Double Shift $ ii Qya $5, 6 LI 0 $ 4,), p,c) $ 0/1-)60 Triple Shift 11 Caterpillar 125KW #D1258 S/N: CAT00C71 HLC001 Single Shift $ 1-1 qS $ ) i LI v1/ $ 7'i -� $ 2Ea�6 $ Lt ?q $ 76,? 6 - Double Shift ___, ___,Triple Triple Shift $ `1,45.), $ 4,34-1? $ t 701-'- 12 Detroit Diesel 500KW #500RXC6DT2 S/N: 176123110608 Single Shift $ j , o(,7 $ 3,. oo $ /r(c oo $ LL,vo $ ..)1 i 33 $ 6,460 Double Shift Triple Shift $ c)! 600 $1 `i, qoo $ 0 goo 13 Detroit Diesel 500KW #600RXC6DT2 S/N: 761231106081 Single Shift 067 jtiplz.o sq.,g„ o $ a 137 $ 61 Lf Oo $ I, , 0 Double Shift , $ 3r apo Triple Shift $ b00 $ )4, y p v 14 Cummins 350 KW #DEFG6254688 S/N: A080151167 Single Shift Double Shift $ '_oo $ 1y,9j $ j, /0 I $ 3, (, 0). $ 1, bo r $ 4, yo a- Triple Shift $ 1.).03 $ �o (ros $) 4 ,9 o (' 15 Cummins 450 KW #DFEJ1716425 S/N: C170169476 Single Shift $ 1) b b 7 $ 460 0 $ Ail 37 $ (01i -too 0 $ (":?-00 Double Shift $ 31 a„o o $ t (,00 $ y.1 Po 0 $ 1 % 4 oo Triple Shift 16 Cummins 100 KW #DGDRD4489916 S/N: J000164716 Single Shift $ 3 0 3 $ '4 S5 $ !p C j, Double Shift $ ,01 $ .1-.?-..? $ ), 3"`F $ 9 , oct j $ 1, P)f $ 5 c fg-q Triple Shift 17 Cummins 900 KW #DQFAC 1748207 S/N: 6170215059 Single Shift $ / L g'0,o $ 70 p $3)4,00 Double Shift $ 5 y o o j$ W, ioo $ /o, cf ao Triple Shift 18 Kohler 760 KW #750REOZM S/N: 2134865 161o2oo $.24-1.3o o $32,_yo 0 Single Shift Double Shift Triple Shift 19 Kohler 760 KW #750REOZM S/N: 2134386 $ 136-1 q, c $ 4415b $ 1 Sr, 4 SO $ l"Z,3oo 2,713 $ria00 $ 21-1boo Single Shift Double Shift Triple Shift 20 Kohler 760 KW #750REOZM S/N: 2134387 $11347 $4000 $ /x,700 $;! 050 $ b 1J s -n $ 1,, Lis --0 $.Lf(, u $p-1']3 $ ��oa Single Shift Double Shift Triple Shift 21 Generac 150 KW #1964780100 S/N:2065509 $It3b7 $,nSp $(21ISO $., 173 $g", as o $ $ 1�iLFSU $1 tft o� Single Shift Double Shift Triple Shift 22 Cummins 500 KW #1530014 S/N: A1620910086 $ &(j 5" $ 74D- $ 9 1 $ ,LIN $ azo $a, 96k $`1,145]- $ 6, 61? $P,704 Single Shift Double Shift Triple Shift Sub-Total Rentals Total Rentals $ tibia $ 1}600 $x,133 3, a.d0 $ � ed00 $ 6 ,Li00 $ t 4" $ 14)(1" .or$ tq,2oo . $ 1 q $ bz5,5V1,00 $ -17---615771g $1 Sf4�3L{.o ,0 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 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 by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Utilities Generator Repair and Preventive Maintenance Services 04/26/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS A. The Contractor shall provide one-year warranty on repairs and one-year warranty or manufacturer warranty on OEM parts. B. Warranty repairs shall be corrected in a timely manner upon notification. If the Contractor, after notice, fails to proceed promptly, the City may have the defects corrected by a third party and the Contractor shall be liable for all expense incurred. Such action shall not relieve the Contractor of further warranty liabilities. C. The Contractor will be responsible for submitting warranty claims to manufacturer. Page 1 of 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 12, 2019 Action Item for the City Council Meeting February 19, 2019 DATE: February 12, 2019 TO: Keith Selman, Interim City Manager FROM: Juan Carlos Cardenas, P.E., Interim Director of Street Operations CharlieC2©cctexas.com (361) 826-1870 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Supply Agreement for Emulsified Polymerized Asphalt (HFRS-2P) for Street Operations CAPTION: Motion authorizing a three-year supply agreement for the purchase of emulsified polymerized asphalt with Ergon Asphalt & Emulsions, Inc. of Austin, Texas for the not to exceed amount of $2,250,000. PURPOSE: This item is to approve the purchase of emulsified polymerized asphalt for Street Operations. BACKGROUND AND FINDINGS: Street Operations uses this material with pre -coated aggregate for street repairs. The City does not have a storage facility for this material. The contractor must have a facility to dispense the heated material into City trucks and/or deliver to the Service Center and load into City trucks with a temperature between 160-170 degrees Fahrenheit. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received one bid. Staff is recommending Ergon Asphalt & Emulsions, Inc. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Street Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $2,031,276.80 $1,500,000.00 $3,531,276.80 Encumbered / Expended Amount $253,874.60 $0.00 $253,874.60 This item $750,000.00 $1,500,000.00 $2,250,000.00 BALANCE $1,027,402.20 $0.00 $1,027,402.20 Fund(s): Streets Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreements City of Corpus Christi Purchasing Division Buyer: Cynthia Perez Bid Tabulation RFB 2008 Emulsified Polymerized Asphalt $750,000.00 Grand Total for 36 -Months $2,250,000.00 Ergon Asphalt & Emulsions, Inc. Austin, Texas ITEM DESCRIPTION 12 -Month Qty. UNIT Unit Price Extended Price 1 Emulsified Polymerized Asphalt Standard (HFRS-2P) 250,000 Gallons $3.00 $750,000.00 $750,000.00 Grand Total for 36 -Months $2,250,000.00 SUPPLY AGREEMENT NO. 2008 Emulsified Polymerized Asphalt (HFRS-2P) THIS Emulsified Polymerized Asphalt (HFRS-2P) Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Ergon Asphalt & Emulsions, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Emulsified Polymerized Asphalt (HFRS-2P) in response to Request for Bid No. 2008 ("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 Emulsified Polymerized Asphalt (HFRS-2P) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 36 months. The parties may mutually extend the term of this Agreement for up to zero additional zero -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $2,250,000.00, 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: Name: Peter Muniz Department: Street Operations Phone: (361) 826-1951 Email: petermu©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: Peter Muniz Title: Finance & Resource Managerr Address: 2525 Hygeia St., Corpus Christi, Texas 78415 Phone: (361) 826-1951 Fax: (361) 826-1627 IF TO SUPPLIER: Ergon Asphalt & Emulsions, Inc. Attn: Ernesto Santillan Title: Area Sales Manager Address: 11612 RM 2244, Building I, Suite 250, Austin, Texas 78738 Phone: (512) 469-9292 Fax: (512) 469-0391 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: ERNESTO SANTILL AREA SALES MANAG Date: JANUARY 15 a 2019 CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance — Purchas Date: A#ached and Incorporated by Refe Attachment A: Scope of Work Attachment B: Bid/Pricing Schedul Attachment C: Insurance Requirem nts Attachment D: Warranty Requirem nts ng Division nce: Incorporated by Reference Only: Exhibit 1: RFB No. 2008 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Approved as to legal Form October 1, 20ie Page 7 of 7 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide emulsified polymerized asphalt (HFRS-2P) to be used in the chip seal program throughout the City as outlined in this Scope of Work. 1.2 Scope of Work The emulsified polymerized asphalt shall be a homogeneous mix meeting the TXDOT Specifications Item 300.2 of 2014 Standard Specifications for Construction and Maintenance of Highway, Streets and Bridges. 1.3 Special Instructions A. The Supplier shall provide a high float rapid set (HFRS-2P) anionic emulsified asphalt with a polymer additive that meets the City's expectations for performance. The blended asphalt material hereafter referenced as an emulsified polymerized asphalt shall consist of virgin asphalt, an emulsifier agent, and a polymer additive. Issues of concern to the City regarding the emulsified polymerized asphalt are stability (breaking time), aggregate chip retention, resistance to premature aging (that is, long-term elasticity), and field performance. B. In addition to meeting the method requirements, the City requires the emulsified polymerized asphalt to perform favorably with respect to the issues listed above. Evaluation of field performance will be based on field observations by City personnel of chip seal applications with specific observations relative to chip retention, chip "rolling", clogging or stringing of distributor spray heads, uneven spray distribution, "running" of asphalt along application surface, and visual observation of changes in color and consistency relative to time elapsed after application. C. The polymer additive shall be styrene -butadiene -styrene (SBS), styrene - butadiene rubber (SBR) or equivalent. The additive may be a combination of one or more of these materials. D. The emulsified polymerized asphalt shall meet the storage stability, viscosity, and sieve tests requirements at any time within 14 days of delivery. Samples shall be stored in clean, airtight, sealed containers at a temperature of not less than 40 deg. F until tested. 1.4 Pickup/Delivery Instructions A. Standard Service picked up at Supplier's location and loaded into City Trucks. B. Material delivered and loaded into City Trucks and/or Supplier's tanker is to be delivered to the Street Department Service Center, 2525 Hygeia, Corpus Christi, Texas. C. Shipping temperatures shall be in accordance with the heating and storage maximum temperature ranges shown in the Texas State Department of Highways and Public Transportation, 2014 Standard Specifications for Construction of Highways, Streets, and Bridges. Supplier must be able to pump material into City distributor tanker. Minimum delivery will be 3,000 gallons. 1.5 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.6 Samples A. Suppliers are required to submit third party lab test reports which indicate that the emulsion asphalt mix meets all requirements in accordance with 2014 TX DOT Standard Specification Item 300.2 B. The City may obtain samples of the emulsified polymerized asphalt at any time during the Contract period. Sampling is to be performed by the Director of Street Services in accordance with TX DOT test method Tex - 500 -C. The Suppliers' representative will be given the opportunity to witness sampling of the emulsified polymerized asphalt. C. At the City's discretion, samples shall be obtained on every 50,000 gallons of emulsified polymerized asphalt sold to the City or at least once every two weeks whichever results in more samples. In lieu of the foregoing sampling requirements, the City may elect to accept third party lab test reports which indicate that the emulsion asphalt mix meets all the requirements listed on the 2014 TX DOT Standard Material Specifications Item 300. The third -party test reports must be for every new batch of material formulated that was picked up or delivered to the City. The City will test at its discretion or when the emulsified polymerized asphalt field performance indicates the need. The sampling will be at the point of manufacturer or at the point where the City takes possession of the emulsified polymerized asphalt. The City reserves the right to determine the place and time of sampling. D. The City also reserves the right to sample and test at any time. All costs associated with sampling and testing shall be paid by the City except the Supplier will pay for all costs associated with the testing of samples which fail to meet requirements. The costs for samples that fail to meet requirements will be deducted from the vendor's payment from the City. E. The City requires a copy of the material test report for every pickup or delivery of material. Date: DECEMBER 28. 2018 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 2008 Emulsified Polymerized Asphalt (HFRS-2P) Authorized Bidder: ERGON ASPHALT & EMULSIONS, INC. Signature: T- PAGE 1 OF 1 ERNESTO SANTILLAN AREA SALES MANAGER 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. Do not write notes on the bottom of this page. Bidder will be considered Non -Responsive if the bid form is modified. Item Description UNIT 1- Year Quantity Unit Price Total Price 1. Emulsified Polymerized Asphalt (HFRS-2P) Gallons 250,000 $ 3.00 $ 750,000.00 Total $750,000.00 Grand Total for 36 Months $2,250,000.00 Attachment B - Bid/Pricing Schedule 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 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 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 Supply and Delivery of Emulsified Polymerized Asphalt (HFRS-2P) 10/22/18 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 February 12, 2019 Action Item for the City Council Meeting of February 19, 2019 DATE: February 12, 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 Offsite Repairs of Ford Vehicles for Asset Management CAPTION: Motion authorizing a one-year service agreement for offsite repairs of Ford vehicles with Crosstown Partners Inc., dba Sames Ford of Corpus Christi, Texas for an amount not to exceed $478,500, with a one-year option for a total potential multi-year amount of $957,000. PURPOSE: This item is to approve the service for offsite repairs of Ford vehicles for Fleet Maintenance a division of Asset Management. BACKGROUND AND FINDINGS: Fleet Maintenance has the need for a service contract to perform offsite repairs of Ford vehicles. This service agreement will allow the contractor to perform vehicle repairs and or replacements of parts in a timely manner. The service agreement will enable Fleet Maintenance Division to meet the high demands for offsite repairs of Ford vehicles. The Purchasing Division conducted a competitive RFB process to obtain bids. The City received one bid, and is recommending Crosstown Partners Inc., dba Sames Ford of Corpus Christi. 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: Asset Management FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $1,781,652.79 $677,875.00 $2,459,527.79 Encumbered / Expended Amount $713,788.42 $0.00 $713,788.42 This item $279,125.00 $677,875.00 $957,000.00 BALANCE $788,739.37 $0.00 $788,739.37 Fund(s): Fleet Maint. Svc. Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI PRUCHASING DIVISION BUYER: Sonia Tamez BID TABULATION RFB 1848 - Offsite Repairs of Ford Vehicle Item Description Unit Qty Unit Price Total Price 1 Labor - Gas HR 2,000 $90.00 $180,000.00 2 Labor - Diesel HR 2,000 $95.00 $190,000.00 3 Diagnostic Fee HR 100 $95.00 $9,500.00 Item Description Unit Qty Markup % Markup Total Parts Total 4 Parts EA $90,000 10.00% $ 9,000.00 $ 99,000.00 Grand Total $478,500.00 SERVICE AGREEMENT NO. 1848 Offsite Repairs of Ford Vehicles THIS Offsite Repairs of Ford Vehicles Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Crosstown Partners Inc., dba Sames Ford ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Offsite Repairs of Ford Vehicles in response to Request for Bid/Proposal No. 1848 ("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 Offiste Repairs of Ford Vehicles ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for one year, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to one additional 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 $478,500.00, 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. 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. Service 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: Erlinda Klubertanz General Services Department Phone: 361-826-1903 Erlinda©cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 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 that 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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 001 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 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 Contractor 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: Erlinda Klubertnez Title: Operations Manager 5352 Ayers, 3-B, Corpus Christi, Texas 7841518 Phone: 361-826-1903 Fax: 361-826-4394 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: Crosstown Partners Inc., dba Sames Ford Attn: Cyndy Hunter Title: Controller Address: 4721 Ayers Street, Corpus Christi, Texas 78415 Phone: 361-851-7600 Fax: 361-225-2860 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement 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 Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 Attachment A: Scope of Work 1. General Requirements/Background Information The Contractor shall provide parts and services for repairs to Ford Vehicles for the Corpus Christi Asset Management Department. Contractor shall be ASE or Dealer Certified. Contractor shall be certified to repair Hybrid and compressed natural gas vehicles. 2. Scope of Work A. Service requirements: 1. Contractor shall perform repairs to include, but not limited to, engine, drivetrain, body, electrical, HVAC, suspension, brakes and wheel alignments. 2. Contractor shall perform both Electrical and Mechanical Diagnostics. 3. All preventive and unscheduled maintenance and repair to include parts and labor. 4. Contractor shall provide Original Equipment Manufacturer (OEM) parts. Aftermarket Parts will only be accepted when OEM are no longer available. 5. Contractor shall not subcontract any repairs. 6. The Contractor is responsible for any towing charges incurred for immediate failures after repairs have been completed by the Contractor. B. Lead Time: 1. First Responder vehicle repairs shall be First Priority. The Contractor shall provide same day priority service. This standard shall apply to a full six-day work week, Monday through Saturday, and include items covered under warranty as well as non -warranty repairs. 2. Contractor shall have four business days, Monday through Friday, 8:00 am to 5:00 pm, Saturday, 8:00 am to 12:00 pm to complete what is constituted as a minor repair according to the manufacturer. 3. Contractor shall have eight business days, Monday through Friday, 8:00 am to 5:00 pm, Saturday, 8:00 am to 12:00 pm to complete what PAGE 1 OF 2 is constituted as a major repair according to the manufacturer. Extensions shall require approval from the Contract Administrator. C. Delivery: 1. The City will use its authorized contracted towing company to deliver the inoperative vehicle to the Contractor. The City will notify the Contractor of vehicles being towed and delivered to vendor for repairs. On the same day the vehicle is received, the Contractor shall send an email to the Contract Administrator. Contractor Administrator will indicate the Date the vehicle was received, repair estimate and estimated completion time of service. 2. City of Corpus Christi Asset Management staff will transport operative vehicles to and from the Contractor's facility. 3. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. PAGE 2 OF 2 Date: lZ-.91-/7 Attachment B: Quote/Pricing Schedule Bidder: c.1;6:i 41d CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 1848 Offsite Repairs of Ford Vehicles Authorized 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. ;Item;: 1 . 2 3 escnption Labor - Gas nit_ PriO . HR 2,000 90 .dv TotQl p:r�ce $180, Labor - Diesel HR 2,000 Diagnostic Fee HR 100 000 /4- 000 %7" —0,1. $190, 9' '. $9,50 4 Parts EA $90,000 lo �fv Mirkup=Total: Total , .e.,322,599,1°- Grand Total = $478,500.00 /� 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 Fire Chief one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate GARAGE LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 6. Broad Form Property Damage 7. Personal Injury 8. Advertising Injury $1,000,000 COMBINED SINGLE LIMIT GARAGE KEEPERS PHYSICAL DAMAGE COVERAGE including: 1. Physical Damage on a Direct Primary Basis Actual Cash Value of Vehicles While in Care, Custody or Control PAGE 1 OF 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. PAGE 2 OF 3 5. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2019 Insurance Requirements Fleet Dept. Auto Garage Services and Repairs - Off Site 01/09/2019 sw Risk Management Valid Through 12/31/2019 No Bond is required for this service. PAGE 3 OF 3 Attachment D: Warranty Requirements Section 8. (A) and (B) are null for this Service Agreement. Page 1 of 1 AGENDA MEMORANDUM Future item for the City Council meeting of February 12, 2019 Action Item for the City Council meeting of February 19, 2019 DATE: January 29, 2019 TO: Keith Selman, Interim City Manager FROM: Rudy Betancourt, Director of Housing and Community Development RudyB@cctexas.com (361) 826- 3021 Resolution identifying Avanti at South Bluff as a development which will contribute to revitalization efforts. CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas identifying the project known as Avanti at South Bluff as a development that will contribute most significantly to the concerted revitalization efforts of the City in the Downtown Area Development Plan, and providing for an effective date. PURPOSE: The purpose of the Resolution is to identify the proposed development of Avanti at South Bluff as contributing most significantly to the concerted revitalization efforts of the Downtown Area Development Plan, which includes the Tax Increment Reinvestment Zone #3 (TIRZ3). BACKGROUND AND FINDINGS: Per the Texas Department of Housing and Community Affairs (TDHCA) 2019 Qualified Allocation Plan guidelines, the proposed development could earn a maximum of two (2) points if the proposed development is explicitly identified by the Governing Body as contributing most significantly to the concerted revitalization efforts. The Avanti at South Bluff development does contribute to the revitalization efforts in Downtown Area Development Plan, which includes TIRZ3. ALTERNATIVES: None OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: Council approval is required for the passing of the resolution EMERGENCY /NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Housing and Community Development, Planning and ESI, Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital lip 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 RECOMMENDATION: Staff recommends adoption of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution of the City Council of the City of Corpus Christi, Texas identifying the project known as Avanti at South Bluff as a development that will contribute most significantly to the concerted revitalization efforts of the City in t h e Downtown Area Development Plan; and providing for an effective date. Whereas, the City of Corpus Christi has considered the revitalization needs of the Downtown Area Development Plan which includes the Tax Increment Reinvestment Zone #3, (the "Designated Area") and approved a Community Revitalization Plan (the "Plan") for the Designated Area on March 27, 2018; and Whereas, in furtherance of the community revitalization activities noted in the Plan, Avanti at South Bluff, LP and its affiliates (the "Applicant") propose a new construction affordable housing development with up to 72 residential units to be located at 509 S. Carancahua St. (the "Affordable Housing") in the Designated Area, to be known as Avanti at South Bluff to; and Whereas, the Applicant proposes to apply for financing for the Affordable Housing, including Low Income Housing Tax Credits ("Tax Credits") from the Texas Department of Housing and Community Affairs ("TDHCA") pursuant to TDHCA's 2019 Qualified Allocation Plan (the "QAP"); and Whereas, the City supports the development of the Affordable Housing because of its anticipated community revitalization impact for the Designated Area; and Whereas, the Affordable Housing is the only applicant for Tax Credits in the 2019 competitive round that the City wishes to identify as contributing most significantly to the City's revitalization efforts in the Designated area pursuant to Section 11.9(d)(7)(A)(iv)(II) of the QAP. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the development of the Affordable Housing and has selected the Affordable Housing as the only proposed Tax Credit application for 2019 that contributes most significantly to the City's concerted revitalization efforts in the Designated Area. Section 2. This resolution shall become effective immediately upon its passage. The above resolution was passed 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 City Secretary Corpus Christi, Texas Joe McComb Mayor day of , 2019 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 12, 2019 Action Item for the City Council Meeting of February 19, 2019 DATE: February 12, 2019 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Appointing Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation CAPTION: Motion appointing Council Members Joe McComb, Roland Barrera, Rudy Garza, Paulette Guajardo, Gil Hernandez, Michael Hunter, Ben Molina, Everett Roy and Greg Smith as Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. PURPOSE: The City has three corporations for which the City Council serves as the Board of Directors. These corporations are the Corpus Christi Community Improvement Corporation (CCCC), the Corpus Christi Housing Finance Corporation (CCHFC), and the Corpus Christi Industrial Development Corporation (CCIDC). Of the three corporations, the Corpus Christi Community Improvement Corporation (CCCC) is incorporated under the Texas Non-profit Corporations Act and, therefore, appoints its own membership. The other two corporations, the CCHFC and CCIDC, require that the City Council make the appointments. BACKGROUND AND FINDINGS: Not Applicable. ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: Not Applicable. DEPARTMENTAL CLEARANCES: Housing and Community Development Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2018-2019 Project to Date Expenditures 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 Motion as presented. LIST OF SUPPORTING DOCUMENTS: None. AGENDA MEMORANDUM Future Item for the City Council Meeting of February 12, 2019 Action Item for the City Council Meeting of February 19, 2019 DATE: February 12, 2019 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Appointing Board Members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation CAPTION: Motion appointing Council Members Joe McComb, Roland Barrera, Rudy Garza, Paulette Guajardo, Gil Hernandez, Michael Hunter, Ben Molina, Everett Roy and Greg Smith as Board Members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. PURPOSE: The Coastal Bend Health Facilities Development Corporation was formed in 1984 to facilitate the financing of health care facilities through the issuance of tax-exempt revenue bonds as authorized by federal tax laws. The Coastal Bend Cultural Education Facilities Finance Corporation was created in 2009 to replace the Coastal Bend Health Facilities Development Corporation. Since the Coastal Bend Health Facilities Development Corporation still has bonds outstanding from earlier financing, it cannot be dissolved until those bonds are either retired or refunded. Council Members are appointed to serve on both corporations in order to maintain continuity for both organizations until the Health Facilities Development Corporation can be dissolved. BACKGROUND AND FINDINGS: Not Applicable. ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: Not Applicable. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2018-2019 Project to Date Expenditures 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 Motion as presented. LIST OF SUPPORTING DOCUMENTS: None. AGENDA MEMORANDUM Future Item for the City Council Meeting of February 12, 2019 Action Item for the City Council Meeting of February 19, 2019 DATE: February 12, 2019 TO: Keith Selman, Interim City Manager FROM: Gilbert Hernandez, Director of Municipal Court GilbertH@cctexas.com (361) 826-2551 Kim Baker, Assistant Director of Financial Services—Purchasing Division KimB2@cctexas.com (361) 826-3169 InCode Software for Municipal Court CAPTION: Resolution authorizing a five-year service agreement for InCode software maintenance and support with Tyler Technologies of Plano, Texas for an amount not to exceed $864,818. PURPOSE: The purpose of this agenda item is to enter into a new contract to continue the utilization of this Municipal Court software that was implemented in 2013. BACKGROUND AND FINDINGS: Municipal Court staff, with the assistance of Municipal Information Systems evaluated software from a number of providers in 2013. InCode Municipal Court Software was the software chosen. At that time, InCode was the software of choice by over 500 cities in Texas. City Council previously approved a five-year maintenance agreement along with the license agreement in 2013. Municipal Court staff are pleased with the performance of the software and recommend entering into a new five-year agreement to continue the service, as a sole source purchase. ALTERNATIVES: Solicit for other software; however, there will be a large expense to convert everything to a new system. OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statues regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Municipal Court, IT Department and Purchasing Division FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $258,943.00 $701,365.00 $960,380.00 Encumbered / Expended Amount $30,665.00 $0.00 $30,665.00 This item $163,453.00 $701,365.00 $864,818.00 BALANCE $64,724.37 $0.00 $64,724.37 Fund(s): General Fund/ Muni Court Technology Comments: The contract value total is a not -to -exceed $163,453 for the first year, of which all will be funded in next year and the following years in future year's budgets. The total contract value for five years will be a not -to -exceed $864,818. RECOMMENDATION: Staff recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: Service Agreement Verification Addendum Resolution authorizing a five-year service agreement for InCode software maintenance and support with Tyler Technologies, of Plano, Texas, for an amount not to exceed $864,818. WHEREAS, Tyler Technologies will provide the InCode software for Municipal Court; WHEREAS, this software will provide Municipal Court the ability to manage cases and documents in the court system; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a service agreement for the InCode software from Tyler Technologies of Plano, Texas for an amount not to exceed $864,818. Page 1 of 2 The above resolution was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Grey Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas Joe McComb Mayor day of , 2019 Page 2 of 2 Addendum to City of Corpus Christi Agreement with Tyler Technologies, Inc This Addendum shall modify the agreement between the City of Corpus Christi (the "City") and Tyler Technologies, Inc (the "Vendor") and shall supplement the Maintenance and Support Agreement, Contract No. 2018-0146. To the extent that any of these terms are inconsistent with the terms of the Maintenance and Support Agreement the terms in this addendum shall govern. 1. 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 Addendum on behalf of Vendor verifies that the company does not boycott Israel and will not boycott Israel during the term of license provided under the quote. 2. 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. 3. 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. 4. Certificate of Interested Parties. Vender 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 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attomey for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elfinfo form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at httos://www.ethics.state.tx.us/leoalich46.html. 5. Conflict of Interest. Vender agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at htt ps: //www. cctexas. com/d epa rtme n#s/city-secreta ry/conflict-disclosure. City of Corpus Christi Signature: Print Name: Title: Date: Tyler Techno les, Inc E Signature: Print Name: 3Ae} J c7; ner . Ti#le: P- 1`L -to Date: 1 — - 1? 1 Contract No. 2018-0146 • •••'•• tyler ,. • technologies MAINTENANCE AND SUPPORT SERVICES AGREEMENT This Maintenance and Support Services Agreement ("Agreement") is entered into by and between Tyler Technologies, Inc., a Delaware corporation with its principal place of business located at 5101 Tennyson Parkway, Plano, Texas 75024 ("Tyler") and the City of Corpus Christi, Texas whose address is P.O. Box 9277, Corpus Christi, Texas 78469 (the "Client") and shall be effective as of February 1, 2019 (the "Effective Date"). RECITALS AND INTENT WHEREAS, Client has acquired licenses from Tyler to its proprietary software under that certain Agreement ("Tyler Software") by and between Tyler and the Client dated December 17, 2013 (the "Software License Agreement"); and, WHEREAS, Client desires Tyler to perform, and Tyler desires to perform, certain maintenance and support services related to the Tyler Software as further detailed herein. NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged by the parties, the parties hereto agree as follows: AGREEMENT SECTION A — CERTAIN DEFINITIONS 1. "Agreement" means this Maintenance and Support Services Agreement. 2. "Client" means the City of Corpus Christi, Texas. 3. "Defect" means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then -current Documentation. 4. "Developer" means a third party who owns the intellectual property rights to Third Party Software. 5. "Documentation" means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals, and other training or self-help documentation. 6. "Effective Date" means February 1, 2019. 7. "Investment Summary" means the agreed-upon cost proposal for the software receiving maintenance and support services and shown in the attached as Exhibit A. 8. "Support Call Process" means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached hereto as Exhibit B. 1/84 Contract No. 2018-0146 9. "Software License Agreement" means that certain Agreement by and between Tyler and the Client dated December 17, 2013 and attached hereto as Exhibit C. 10. "Third Party Terms" means, if any, the end user license agreement(s) or similar terms for the Third Party Software, as applicable. 11. "Third Party Hardware" means the third -party hardware, if any, identified in the Investment Summary. 12. "Third Party Products" means the Third Party Software and Third Party Hardware. 13. "Third Party Services" means the third -party services, if any, identified in the Investment Summary. 14. "Third Party Software" means the third -party software, if any, identified in the Investment Summary. 15. "Tyler" means Tyler Technologies, Inc., a Delaware corporation. 16. "Tyler Software" means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through the Software License Agreement. 17. "we", "us", "our" and similar terms mean Tyler. 18. "you" and similar terms mean Client. SECTION B — SOFTWARE LICENSE AGREEMENT 1. Adoption and Ratification of Prior Terms. 1.1 Tyler and Client hereby ratify, restate, assume, adopt, and agree to perform and be bound by the covenants, terms, and conditions of the Software License Agreement, and all such covenants, terms, and conditions are incorporated by reference as if set forth at length herein. 1.2 For the avoidance of doubt, the terms and conditions contained in this Agreement shall supersede and control over any conflicting terms set forth in the Software License Agreement. 1.3 Client agrees to pay all fees arising under the Software License Agreement and this Agreement in accordance with the payment terms therein and herein, as applicable. 2. Ownership of Tyler Software. We reserve all rights not expressly granted to you in this Agreement. The Tyler Software and Documentation are protected by copyright and other intellectual property laws and treaties. We own the title, copyright, and other intellectual property rights in the Tyler Software and the Documentation. The Tyler Software is licensed, not sold. SECTION C — MAINTENANCE AND SUPPORT 1. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our training services on the Tyler Software, and you timely pay your maintenance and support fees, we will, consistent with our then -current Support Call Process: 1.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (limited to the then -current version and the immediately prior version); provided, however, that if you 2/84 Contract No. 2018-0146 modify the Tyler Software without our consent, our obligation to provide maintenance and support services on and warrant the Tyler Software will be void; 1.2 provide telephone support during our established support hours; 1.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services; 1.4 provide you with a copy of all major and minor releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and 1.5 provide non -Defect resolution support of prior releases of the Tyler Software in accordance with our then -current release lifecycle policy. 2. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services remotely. Currently, we use a third -party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as reasonably required for us to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain a VPN for backup connectivity purposes. 3. Hardware and Other Systems. If you are a self -hosted customer and, in the process of diagnosing a software support issue, it is discovered that one of your peripheral systems or other software is the cause of the issue, we will notify you so that you may contact the support agency for that peripheral system. We cannot support or maintain Third Party Products except as expressly set forth in the Agreement. In order for us to provide the highest level of software support, you bear the following responsibility related to hardware and software: (a) all infrastructure executing Tyler Software shall be managed by you; (b) you will maintain support contracts for all non -Tyler software associated with Tyler Software (including operating systems and database management systems, but excluding Third -Party Software, if any); and, (c) you will perform daily database backups and verify that those backups are successful. 4. Other Excluded Services. Maintenance and support fees do not include fees for the following services: (a) initial installation or implementation of the Tyler Software; (b) onsite maintenance and support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (c) application design; (d) other consulting services; (e) maintenance and support of an operating system or hardware, unless you are a hosted customer; (f) support outside our normal business hours as listed in our then -current Support Call Process; or (g) installation, training services, or third party product costs related to a new release. Requested maintenance and support services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks' advance notice. 3/84 Contract No. 2018-0146 5. Current Support Call Process. Our current Support Call Process for the Tyler Software is attached to this Agreement as Exhibit B. 6. Discontinuation of Maintenance and Support. If you have opted not to purchase ongoing maintenance and support services for the Tyler Software, the after the initial term of this Agreement, you will only receive ongoing maintenance and support on the Tyler Software on a time and materials basis. In addition, you will: receive the lowest priority under our Support Call Process; (i) be required to purchase new releases of the Tyler Software, including fixes, enhancements and patches; (ii) be charged our then -current rates for support services, or such other rates that we may consider necessary to account for your lack of ongoing training on the Tyler Software; (iii) be charged for a minimum of two (2) hours of support services for every support call; and, (iv) not be granted access to the support website for the Tyler Software or the Tyler Community Forum. SECTION D — INVOICING AND PAYMENT; INVOICE DISPUTES 1. Maintenance and Support Fees. 1.1 Year 1 maintenance and support fees are shown in the Investment Summary and shall be invoiced on February 1, 2019 and payable in accordance with the terms of the Software License Agreement and this Agreement. Maintenance and support fees for Year 2 through Year 5 shall be invoiced annually in advance and due on every anniversary of October 1st. 1.2 To the extent applicable, if the Client has already paid a portion of the maintenance and support fees for the Tyler Software shown in the Investment Summary, then the Client shall pay a prorated portion of maintenance and support fees for such Tyler Software up to October 1st of the applicable calendar year during the initial term of this Agreement. Thereafter, the Clients maintenance and support term for such Tyler software shall align with the dates shown in Section E(1) "Term". 1.3 [INTENTIONALLY OMITTED]. 2. Failure to Pay. We reserve the right to suspend maintenance and support services if you fail to pay undisputed maintenance and support fees within thirty (30) days of our written notice. We will reinstate maintenance and support services only if you pay all past due maintenance and support fees, including all fees for the periods during which services were suspended 3. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, 4/84 Contract No. 2018-0146 then you will remit full payment of the invoice. We reserve the right to suspend delivery of all services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so. SECTION E —TERM AND TERMINATION 1. Term. We provide maintenance and support services on an annual basis. The initial term commences on the October 1, 2018 and remains in effect for five (5) year, as detailed in the table immediately below. Initial Term Year Duration Year 1 October 1, 2018 through September 30, 2019 Year 2 October 1, 2019 through September 30, 2020 Year 3 October 1, 2020 through September 30, 2021 Year 4 October 1, 2021 through September 30, 2022 Year 5 October 1, 2022 through September 30, 2023 2. Termination for Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in the Software License Agreement. You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within thirty (30) days of the commencement of dispute resolution proceedings as contemplated in the Software License Agreement. In the event of termination for cause, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. SECTION F — DISCLAIMER; LIMITATION OF LIABILITY 1. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 2. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO THE THEN -CURRENT ANNUAL MAINTENANCE AND SUPPORT FEE. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THIS SECTION F(2) "LIMITATION OF LIABILITY" AND SECTION F(3) "EXCLUSION OF CERTAIN DAMAGES" AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. 3. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR 5/84 Contract No. 2018-0146 CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SECTION G — GENERAL TERMS AND CONDITIONS 1. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets. 2. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect on the terms of this Agreement and the terms and conditions of this Agreement shall control over any terms and conditions contained in a purchase order or similar document submitted by you. This Agreement may only be modified by a written amendment signed by an authorized representative of each party. 3. Severability. If any provision of this Agreement (or any portion thereof) or the application of any such provision (or any portion thereof) to any person or circumstance shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof (or the remaining portion thereof) or the application of such provision to any other persons or circumstances. Additionally, any provision of this Agreement is found by a proper authority to be unenforceable, illegal, or invalid, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decision. 4. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non -enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non -enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 5. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original instrument. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement. 6. Contract Documents. This Agreement includes the following exhibits: Exhibit A: Investment Summary Exhibit B: Support Call Process Exhibit C: Software License Agreement [Signature page to follow] 6/84 Contract No. 2018-0146 IN WITNESS WHEREOF, a duly authorized representative of each party has executed and delivered this Agreement as of October 1, 2018. TYLER TECHNOLOGIES, INC.: By: 5'bAA, CkAi Name: Title: Sherry Clark Sr. Corporate Attorney Address for Notices: Tyler Technologies, Inc. One Tyler Drive Yarmouth, ME 04096 Attention: Chief Legal Officer With copy to: Tyler Technologies, Inc. 5101 Tennyson Parkway Plano, TX 75024 Attention: Legal Department THE CITY OF CORPUS CHRISTI, TEXAS: By: Name: Title: Address for Notices: The City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 Attention: 7/84 Contract No. 2018-0146 • ••::•. tyler . •. technologies EXHIBIT A Investment Summary The following Investment Summary details the software that will receive maintenance and support services under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. [Remainder of page is intentionally left blank; document follows immediately behind] 8/84 • ••. tyler • • technologies Prepared for: Gilbert Hernandez City of Corpus Christi Municpal Courts Services Asst. Director (361) 826-3331 GilbertH@cctexas.com Tyler Related Products and Services Quoted By: Quote Date: Expiration Date: Shane Cleaveland 11/09/18 03/09/19 Description 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Court Case Management Suite Criminal Court Case Management Incode Court Online Component Incode Content/Document Management System Software Courts & Justice - Custom Programming Courts & Justice - Custom Programming Courts & Justice - Custom Programming Courts & Justice - Custom Programming Courts & Justice - Custom Programming Suite - Court Room Scrreen Interface - Attorney Filing Portal - CMV Identification Scan - Case Participant Self Checkin - Officer Scheduling Epson Thermal Receipt Printer Maintenance $123,353 $1,200 $7,381 $3,366 $1,654 $3,750 $2,500 $1,500 $2,756 $2,702 $127,054 $1,200 $7,602 $3,467 $1,703 $3,750 $2,500 $1,500 $2,839 $2,783 $130,865 $1,200 $7,830 $3,571 $1,754 $3,750 $2,500 $1,500 $2,924 $2,866 $134,791 $1,236 $8,065 $3,678 $1,807 $3,863 $2,575 $1,545 $3,012 $2,952 $138,835 $1,236 $8,307 $3,788 $1,861 $3,863 $2,575 $1,545 $3,102 $3,041 Media Plus Cash Drawer Maintenance $532 $548 $565 $582 $599 Tyler U Basic Network Support Service Topaz Signature Pad Topaz Signature Pad TXDOT Vehicle Owner Interface $5,000 $729 $540 $490 $3,000 $5,150 $751 $557 $505 $3,090 $5,305 $774 $573 $520 $3,183 $ 5,464 $797 $590 $535 $3,278 $5,628 $821 $608 $551 $3,377 Subtotal Annual Maintenance $160,453 $164,998 $169,680 $174,770 $179,737 CONFIDENTIAL Contract No. 2018-0146 • ••::•• tyler . 0. technologies EXHIBIT B Support Call Process Support Channels Tyler Technologies, Inc. provides the following channels of software support: (1) Tyler Community — an on-line resource, Tyler Community provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (2) On-line submission (portal) — for less urgent and functionality -based questions, users may create unlimited support incidents through the customer relationship management portal available at the Tyler Technologies website. (3) Email — for less urgent situations, users may submit unlimited emails directly to the software support group. (4) Telephone — for urgent or complex questions, users receive toll-free, unlimited telephone software support. Support Resources Several additional resources are available to provide a comprehensive and complete support experience: (1) Tyler Website — www.tylertech.com — for accessing client tools and other information including support contact information. (2) Tyler Community — available through login, Tyler Community provides a venue for clients to support one another and share best practices and resources. (3) Knowledgebase — A fully searchable depository of thousands of documents related to procedures, best practices, release information, and job aides. (4) Program Updates — where development activity is made available for client consumption Support Availability Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday — Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Clients may receive coverage across these time zones. Tyler's holiday schedule is outlined below. There will be no support coverage on these days. New Year's Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Labor Day Issue Handling Incident Tracking Every support incident is logged into Tyler's Customer Relationship Management System and given a unique incident number. This system tracks the history of each incident. The incident tracking number is used to track and reference open issues when clients contact support. Clients may track incidents, using the incident number, through the portal at Tyler's website or by calling software support directly. 10/84 Contract No. 2018-0146 Incident Priority Each incident is assigned a priority number, which corresponds to the client's needs and deadlines. The client is responsible for reasonably setting the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain "characteristics" may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the client towards clearly understanding and communicating the importance of the issue and to describe generally expected responses and resolutions. Priority Level Characteristics of Support Incident Resolution Targets 1 Critical Support incident that causes (a) complete application failure or application unavailability; (b) application failure or unavailability in one or more of the client's remote location; or (c) systemic loss of multiple essential system functions. Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within one (1) business day. For non - hosted customers, Tyler's responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database. 2 High Support incident that causes (a) repeated, consistent failure of essential functionality affecting more than one user or (b) loss or corruption of data. Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within ten (10) business days. For non - hosted customers, Tyler's responsibility for loss or corrupted data is limited to assisting the client in restoring its last available database. 3 Medium Priority Level 1 incident with an existing circumvention procedure, or a Priority Level 2 incident that affects only one user or for which there is an existing circumvention procedure. Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents without the need for a circumvention procedure with the next published maintenance update or service pack. For non - hosted customers, Tyler's responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database. 4 Non- critical Support incident that causes failure of non-essential functionality or a cosmetic or other issue that does not qualify as any other Priority Level. Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days. Tyler shall use commercially reasonable efforts to resolve such support incidents, as well as cosmetic issues, with a future version release. 11/84 Contract No. 2018-0146 Incident Escalation Tyler Technology's software support consists of four levels of personnel: (1) Level 1: front-line representatives (2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated issues (3) Level 3: assist in incident escalations and specialized client issues (4) Level 4: responsible for the management of support teams for either a single product or a product group If a client feels they are not receiving the service needed, they may contact the appropriate Software Support Manager. After receiving the incident tracking number, the manager will follow up on the open issue and determine the necessary action to meet the client's needs. On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler encourages clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately. A software support incident can be escalated by any of the following methods: (1) Telephone — for immediate response, call toll-free to either escalate an incident's priority or to escalate an issue through management channels as described above. (2) Email — clients can send an email to software support in order to escalate the priority of an issue (3) On-line Support Incident Portal — clients can also escalate the priority of an issue by logging into the client incident portal and referencing the appropriate incident tracking number. Remote Support Tool Some support calls require further analysis of the client's database, process or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry -standard remote support tool. Support is able to quickly connect to the client's desktop and view the site's setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request. 12/84 Contract No. 2018-0146 • ••::•. tyler . •. technologies EXHIBITC Software License Agreement [Remainder of page is intentionally left blank, document follows immediately behind] 13/84 Contract No. 2018-0146 EXHIBIT C AGREEMENT Contract ID# 2013-0278 r� This agreement ("Agreement") is made this 11 day of bQQ X-2013, which is the date of final approval by the Corpus Christi City Council, ( `Effective Date") by and between Tyler Technologies, Inc., a Delaware corporation with offices at 5519 53rd Street, Lubbock, Texas 79414 ("Tyler") and the City of Corpus Christi, whose address is PO Box 9277, Corpus Christi, Texas 78469 ("Client"). WHEREAS Client selected Tyler to furnish, deliver, install and implement the products set forth in the investment summary attached hereto as Exhibit I ("Investment Summary"); NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth herein, Tyler and Client agree that Tyler shall provide products and services, and Client shall pay prices, as set forth in this Agreement. SECTION A — SOFTWARE LICENSE AGREEMENT 1. License Grant. a) Upon the Effective Date, Tyler hereby grants to Client a perpetual, non-exclusive, non -transferable, royalty -free, revocable license to use the Tyler software products set forth in the investment summary attached hereto as Exhibit I ("Investment Summary") and related interfaces (collectively, the "Tyler Software Products") and documentation provided in or with the Tyler Software Products ("Documentation") for Client's internal business purposes only and otherwise subject to the terms and conditions of this Agreement. This license is revocable by Tyler only if Client fails to comply with the terms and conditions of this Agreement, including without limitation, Client's failure to timely pay the Software fees in full. Upon Client's payment in full for the Tyler Software Products, this license will become irrevocable, subject to the restrictions on use and other terms set forth in this Agreement. b) Tyler shall retain ownership of, including all intellectual property rights in and to, the Tyler Software Products and Documentation. c) The Tyler Software Products are not licensed to perform functions or processing for subdivisions or entities that were not disclosed to Tyler prior to the Effective Date. d) The right to transfer the Tyler Software Products to a replacement hardware system is included in this Agreement. Client shall pay Tyler for the cost of new media or any required technical assistance to accommodate the transfer. Client shall provide advance written notice to Tyler of any such transfer. e) Client acknowledges and agrees that the Tyler Software Products and Documentation are proprietary to Tyler and have been developed as trade secrets at Tyler's expense. Client shall use best efforts to keep the Tyler Software Products and Documentation confidential and to prevent any misuse, unauthorized use or unauthorized disclosure of the Tyler Software Products or Documentation by any party. f) The Tyler Software Products may not be modified by anyone other than Tyler. If Client modifies the Tyler Software Products without Tyler's prior written consent, Tyler's obligations to provide maintenance services on, and the warranty for, the Tyler Software Products will be void. Client shall not perform decompilation, disassembly, translation or other reverse engineering on the Tyler Software Products. g) Client may make copies of the Tyler Software Products for archive purposes only. Client shall repeat any and all proprietary notices on any copy of the Tyler Software Products. Client may make copies of the Documentation for internal use only. h) Tyler maintains an escrow agreement with an escrow services company under which Tyler places the source code of each major release of the Tyler Software Products. At Client's request, Tyler will add Client as a beneficiary to such escrow agreement. Client will pay the annual beneficiary fee and is solely responsible for maintaining its status as a beneficiary. 2. Limited Warranty. For the purposes of this Agreement, a "Defect" is defined as a failure of the Tyler Software Products to substantially conform to the then -current specifications and the functional descriptions of the Tyler Software Products in Tyler's written proposal to Client. In the event of conflict between the afore -mentioned documents, the then -current specifications will control. A Tyler Software Product is "Defective" if it contains a 1 14/84 Contract No. 2018-0146 EXHIBIT C Defect. For as long as a current Maintenance Agreement is in place, Tyler warrants that the Tyler Software Products will not contain Defects. If the Tyler Software Products do not perform as warranted, Tyler will use reasonable efforts, consistent with industry standards, to cure the Defect in accordance with Tyler's then -current support call process. 3. Intellectual Property Infringement Indemnification. a) Tyler's Obligations. Tyler shall defend and indemnify Client against any claim by an unaffiliated third party of this Agreement that a Tyler Software Product, if used within the scope of this Agreement, directly infringes that party's registered United States patent, copyright or trademark issued and existing as of the Effective Date or as of the distribution date of a release to the Tyler Software Product, and will pay the amount of any resulting adverse final judgment issued by a court of competent jurisdiction or of any settlement made by Tyler in writing. b) Client's Obligations. Tyler obligations in this section are contingent on the Client performing all of the following in connection with any claim as described herein: i. Promptly notifies Tyler in writing of any such claim; ii. Gives Tyler reasonable cooperation, information, and assistance in connection with the claim; and iii. Consents to Tyler's sole control and authority with respect to the defense, settlement or compromise of the claim. c) Exceptions to Tyler's Obligations. Tyler will have no liability hereunder if the claim of infringement or an adverse final judgment rendered by a court of competent jurisdiction results from: i. Client's use of a previous version of a Tyler Software Product and the claim would have been avoided had Client used the current version of the Tyler Software Product; ii. Client's combining the Tyler Software Product with devices or products not provided by Tyler; iii. Use of a Tyler Software Product in applications, business environments or processes for which the Tyler Software Product was not designed or contemplated, and where use of the Tyler Software Product outside such application, environment or business process would not have given rise to the claim; iv. Corrections, modifications, alterations or enhancements that Client made to the Tyler Software Product and such correction, modification, alteration or enhancement is determined by a court of competent jurisdiction to be a contributing cause of the infringement; v. Use of the Tyler Software Product by any person or entity other than Client or Client's employees; or vi. Client's willful infringement, including Client's continued use of the infringing Tyler Software Product after Client becomes aware that such infringing Tyler Software Product is or is likely to become the subject of a claim hereunder. d) Remedy. i. In the event a Tyler Software Product is, by a court of competent jurisdiction, finally determined to be infringing and its use by Client is enjoined, Tyler will, at its election: (a) Procure for Client the right to continue using the infringing Tyler Software Products; or (b) Modify or replace the infringing Tyler Software Products so that it becomes non -infringing. ii. The foregoing states Tyler's entire liability and Client's sole and exclusive remedy with respect to the subject matter hereof. SECTION B — PROFESSIONAL SERVICES AGREEMENT 1. Expenses. Expenses shall be billed in accordance with the then -current Tyler Business Travel Policy, based on Tyler's usual and customary practices, plus a 10% travel agent processing fee. The current Tyler Business Travel Policy is attached hereto as Exhibit 3. Copies of receipts shall be provided on an exception basis at no charge. Should all receipts for non per diem expenses be requested, an administrative fee shall be incurred. Receipts for mileage and miscellaneous items less than twenty-five dollars ($25) are not available. 2. Cancellation of Services. In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (1) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) hourly fees associated with the canceled services if Tyler is unable to re -assign its personnel. 3. Additional Services. 1 15/84 Contract No. 2018-0146 EXHIBIT C a) The Investment Summary contains a good faith estimate of service fees and travel expenses. Training and/or consulting services utilized in excess of those set forth in the Investment Summary and additional related services not set forth in the Investment Summary will be billed at Tyler's then -current rates, plus travel expenses incurred in accordance with Section B(1). b) Programming and/or interface quotes are estimates based on Tyler's understanding of the specifications supplied by Client. In the event Client requires additional work performed above the specifications provided, Tyler will submit to Client an amendment containing an estimate of the charges for the additional work. Client will have thirty (30) calendar days from the date the estimate is provided to approve the amendment. 4. Services for Client's Municipal Court. a) Tyler has prepared a Statement of Work for Tyler's services to be provided for Client's Municipal Court. The Statement of Work is attached and incorporated into this Agreement as exhibit 2 b) Tyler agrees to complete the work outlined in the Statement of Work within ten (10) months of Effective Date, unless a later date is agreed to by the Client's Director of Municipal Information Systems and Director of Municipal Court, provided that Client meets its obligations under this Agreement, the attached Statement of Work, and project plans as mutually agreed to by the parties. Client acknowledges that the implementation of the Tyler Software Products is a cooperative process requiring the time and resources of Client personnel. Client shall, and shall cause Client personnel to, use all reasonable efforts to cooperate with and assist Tyler. SECTION C — MAINTENANCE AGREEMENT I. Maintenance Services. a) This Maintenance Agreement is effective on the earlier of (i) ninety (90) days after use of a Tyler Software Product in live production, or (ii) one hundred eighty (180) days from the date Tyler made the Tyler Software Products available to Client for downloading; and will remain in force for an initial one (1) year term, which will renew automatically for additional one (I) year terms unless terminated in writing by either party at least fifteen (15) days prior to the end of the then -current term. Fees for subsequent years are subject to change. b) Maintenance Services Terms=Conditions" Limitations and Exclusions. i) For as long as a current Maintenance Agreement is in place, Tyler shall, in a professional, good and workmanlike manner, perform its obligations in accordance with Tyler's then current support call process in order to conform the Tyler Software Products to the applicable warranty under this Agreement. If Client modifies the Tyler Software Products without Tyler's prior written consent, Tyler's obligations to provide maintenance services on and warrant the Tyler Software Products shall be void. Tyler reserves the right to suspend maintenance services if Client fails to pay undisputed maintenance fees within sixty (60) calendar days of the due date. Tyler will reinstate maintenance services upon Client's payment of the overdue maintenance fees. ii) For as long as a current Maintenance Agreement is in place Tyler shall provide Client with all releases Tyler makes to the Tyler Software Products that Tyler makes generally available without additional charge to customers possessing a current Tyler annual Maintenance Agreement. Third Party Products; and installation, consulting and training services related to the new releases will be provided to Client at Tyler's then -current rates. Client acknowledges and agrees that a new release of the Tyler Software Products is for implementation in the Tyler Software Products as they exist without Client customization or modification. Tyler shall support prior releases of the Tyler Software Products in accordance with Tyler's then -current release life cycle policy. iii) Maintenance fees do not include installation or implementation of the Tyler Software Products, onsite support (unless Tyler cannot remotely correct a defect in a Tyler Software Product), application design, other consulting services, support of an operating system or hardware, and support outside Tyler's normal business hours. c) Client Responsibilities. i) Client shall provide, at no charge to Tyler, full and free access to the Tyler Software Products; working space; adequate facilities within a reasonable distance from the equipment; and use of machines, attachments, features, or other equipment necessary to provide maintenance services set forth herein. 3 16/84 Contract No. 2018-0146 EXHIBIT C ii) Tyler currently utilizes "Go To Assist" as a secure commercial PC to PC remote connectivity tool to provide remote maintenance services. Client shall maintain for the duration of the Agreement a high-speed Internet connection capable of connecting to Client's PC's and server. As a secondary connectivity tool to the Tyler Servers, Tyler will install a third party secure unattended remote connectivity program which is currently Bomgar. Client will need to provide Tyler a login account with local administrative privileges to the Tyler Servers. Tyler requires that Client also maintain an alternate remote connectivity method (including VPN, if necessary) for backup connectivity purposes. Tyler, at its option, will use the connections to assist with problem diagnosis and resolution. 2. Support Terms for Clients Not Participating in Annual Maintenance Agreement. The Software License Agreement includes ninety (90) days free maintenance. If Client elects not to participate in the Annual Software Maintenance Agreement, Client shall receive support on a Time and Materials basis following ninety (90) days after the Tyler Software is verified in accordance with the following terns. a) Such Clients: i) will receive the lowest priority for Software Support. ii) will be required to purchase new releases of the Software. New releases will include fixes, enhancements, and updates, such as Tax Tables, Wit reporting formats, 1 099 changes, etc. iii) will be charged $175 per hour with a two-hour minimum for all software support calls. iv) will not be granted access to Tyler's software support web -site. v) are subject to higher rates for training and continuing education performed by Tyler employees. This is due to the fact that the Client may not be utilizing the most current version of our software. b) Tyler will not guarantee a program fix to a documented bug for software versions that are not the currently released version. c) If a Client decides to discontinue the Software Maintenance Agreement and later chooses to reinstate the Software Maintenance Agreement, the Client will be required to pay the portion of annual software support maintenance fees for the Enhancement and Software Updates (27%) dating back to the date when the Client discontinued the Software Maintenance Agreement. SECTION D —THIRD PARTY PRODUCT AGREEMENT 1. Agreement to License or Sell Third Party Products. a) For the price set forth in the Investment Summary, Tyler agrees to license or sell and deliver to Client, and Client agrees to accept from Tyler the hardware ("Hardware") and third party software ("Third Party Software") set forth in the Investment Summary (collectively, the "Third Party Products"). b) Third Party Product Warranties. Client acknowledges and agrees that Tyler is not the manufacturer of the Third Party Products. As such, Tyler does not warrant or guarantee the Third Party Products. Tyler hereby grants and passes through to Client any warranty adjustments that Tyler may receive from the developer, manufacturer or supplier of the Third Party Products ("Developer"). c) Third Party Software Maintenance. i) In the event Client elects not to purchase through Tyler maintenance services on the Third Party Software, it shall be the responsibility of Client to repair and maintain the Third Party Software and purchase enhancements as necessary after installation. ii) In the event Client elects to purchase through Tyler maintenance services on the Third Party Software, Tyler will facilitate resolution of a defect in Third Party Software with the Developer. iii) In the event the Developer charges a fee for future Third Party Software release(s), Client shall be required to pay such fee. SECTION E -- GENERAL TERMS AND CONDITIONS I. Taxes. The fees set forth in the Investment Summary do not include any taxes, including, without limitation, sales, use or excise tax. All applicable taxes shall be paid by Tyler to the proper authorities and shall be reimbursed by Client to Tyler. In the event Client possesses a valid direct -pay permit, Client will forward such permit to Tyler 4 17/84 Contract No. 2018-0146 EXHIBIT C on the Effective Date, in accordance with Section E(21). In such event, Client will be responsible for remitting all applicable taxes to the proper authorities. If tax-exempt, Client will provide Tyler with Client's tax-exempt certificate. 2. Force Maeure: Client Assistance. "Force Majeure" is defined as an event beyond the reasonable control of a party, including governmental action, war, riot or civil commotion, fire, natural disaster, labor disputes, restraints affecting shipping or credit, delay of carriers, inadequate supply of suitable materials or any other cause which could not with reasonable diligence be foreseen, controlled or prevented by the party. Neither party shall be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure. Force Majeure will not be allowed unless: a) Within ten (10) business days of the occurrence of Force Majeure, the party whose performance is delayed thereby provides the other party or parties with written notice explaining the cause and extent thereof, as well as a request for a time extension equal to the estimated duration of the Force Majeure events. b) Within ten (10) business days after the cessation of the Force Majeure event, the party whose performance was delayed provides the other party written notice of the time at which Force Majeure ceased and a complete explanation of all pertinent events pertaining to the entire Force Majeure situation. Either party will have the right to terminate this Agreement if Force Majeure suspends performance of scheduled tasks by one or more parties for a period of one hundred -twenty (120) or more days from the scheduled date of the task. This paragraph will not relieve Client of its responsibility to pay for services and goods provided to Client and expenses incurred on behalf of Client prior to the effective date of termination. In addition, Client acknowledges that the implementation of the Tyler Software Products is a cooperative process requiring the time and resources of Client personnel. Client shall, and shall cause Client personnel to, use all reasonable efforts to cooperate with and assist Tyler as may be reasonably required to meet the project deadlines and other milestones agreed to by the parties for implementation. Tyler shall not be liable for failure to meet such deadlines and milestones when such failure is due to Force Majeure (as defined above) or to the failure by Client personnel to provide such cooperation and assistance (either through action or omission). 3. Indemnification and Insurance. a) Tyler shall indemnify and hold harmless Client and its agents, officials and employees from and against any and all direct claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) for personal injury or property damage arising from Tyler's negligence or willful misconduct. b) To the extent permitted under applicable law, Client shall indemnify and hold harmless Tyler and its agents, officials and employees from and against any and all direct claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) for personal injury or property damage arising from Client's negligence or willful misconduct. c) Tyler shall obtain and maintain insurance as required in Exhibit 4. 4. Limitation of Liability. In no event shall Tyler be liable for special, indirect, incidental, consequential, or exemplary damages, including, without limitation, any damages resulting from loss of use, loss of data, interruption of business activities, or failure to realize savings arising out of or in connection with the use of the Tyler Software Products, Services, or Third Party Products. Tyler's liability for damages and expenses arising from the Tyler Software Products or Services, whether based on a theory of contract or tort, including negligence and strict liability, shall be limited to the Fees set forth in the Investment Summary related to the defective product or service. Tyler's liability for damages and expenses arising from the Third Party Products, whether based on a theory of contract or tort, including negligence and strict liability, shall be limited to the license fee/purchase price of the Third Party Products. Such fees reflect and are set in reliance upon this limitation of liability. 5. Disclaimer. THE RIGHTS, REMEDIES, AND WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER RIGHTS, REMEDIES, AND WARRANTIES EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SYSTEM INTEGRATION, WHICH 5 18/84 Contract No. 2018-0146 EXHIBIT C ARE HEREBY DISCLAIMED BY TYLER. 6. Dispute Resolution. The parties agree to notify each other within fifteen (15) business days of becoming aware of a dispute under this Agreement ("Dispute Notice Date"). The parties further agree that, before resorting to any formal dispute resolution process, they will first engage in good faith negotiations in an effort to find a solution that serves their respective and mutual interests. Party principals agree to participate directly in these negotiations. Unless otherwise agreed in writing, the parties shall have fifteen (15) business days from the Dispute Notice Date to begin these negotiations, and thirty (30) days from the Dispute Notice Date to complete these negotiations. All such negotiations will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Civil Procedure 408 and/or any similar applicable state rule. Thereafter, either party may assert its other rights and remedies under this Agreement within a court of competent jurisdiction. Nothing in this Article will prevent a party from applying to a federal or state court of competent jurisdiction to obtain injunctive relief pending resolution of the dispute through the dispute resolution procedures set forth herein. 7. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of Tyler and Client. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement, 8. Goveming Law. This Agreement will be governed by and construed in accordance with the laws of Client's state of domicile. 9. Severability. If any term or provision of this Agreement or the application thereof, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable will not be affected thereby, and each term and provision of this Agreement will be valid and enforced to the fullest extent permitted by law. 10. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by Tyler or Client, such non -enforcement shall not act as or be deemed to act as a waiver or modification of this Agreement, nor shall such non -enforcement prevent Tyler or Client from enforcing each and every term of this Agreement thereafter. 11. Amendment. This Agreement may only be modified by written amendment signed by authorized representatives of both parties. 12. Termination. a) Termination for Cause. Client may terminate this Agreement for cause in the event Tyler does not cure a material breach of this Agreement within thirty (30) days of receiving notice of such breach from Client. Upon such termination, Client shall pay Tyler for all services and expenses not in dispute and non -Defective Tyler Software Products which were delivered or incurred prior to the date Tyler received Client's notice of termination. Payment for services and expenses in dispute will be determined in accordance with the dispute resolution process. b) Termination for Non -appropriation. If Client should not appropriate or otherwise make available funds sufficient to purchase, lease, operate or maintain the products set forth in this Agreement, or other means of performing the same functions of such products, Client may unilaterally terminate this Agreement only upon thirty (30) days written notice to Tyler. Upon termination, Client shall remit payment for all products and services delivered to Client and all expenses incurred by Tyler prior to Tyler's receipt of the termination notice. Client will not be entitled to a refund or offset of previously paid license and other fees. 13. No Assignment. Neither party may assign its rights and responsibilities under this Agreement without prior 6 19/84 Contract No. 2018-0146 EXHIBIT C written permission of the other party, not to be unreasonably withheld, Except that Tyler may, without prior written consent of Client, assign this Agreement in its entirety to the surviving entity of any merger or consolidation or to any purchaser of substantially all of Tyler's assets. 14. Successors and Assigns. This Agreement shall inure to the benefit of and be binding on the parties hereto and their permitted successors and assigns. 15. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities. Each party agrees that it shall not disclose any confidential information of the other party and further agrees to take appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement for a period of two (2) years. This obligation of confidentiality will not apply to information that: a) At the time of the disclosure is in the public domain; b) After disclosure, becomes part of the public domain by publication or otherwise, except by breach of this Agreement by a party; c) A party can establish by reasonable proof was in that party's possession at the time of disclosure; d) A party receives from a third party who has a right to disclose it to that party; or e) Is subject to Texas Public Information Act (Texas Government Code Chapter 552) requests, only to the extent disclosure is based on the good faith written opinion of the receiving party's legal counsel that disclosure is required by law: provided, however, that that receiving party shall give prompt notice of the service of process or other documentation that underlies such requirement and use its best efforts to assist the disclosing party if the disclosing party wishes to obtain a protective order or otherwise protect the confidentiality of such confidential information. The disclosing party reserves the right to obtain protective order or otherwise protect the confidentiality of its confidential information. 16. Shipping. Delivery shall be F.O.B. shipping point. 17. Payment Terms. a) Tyler shall invoice Client $134,833.75 upon the Effective Date. Such amount equals 25% of the license fees for the Tyler Software Products. b) Tyler shall invoice Client $323,601.00 when Tyler has made the Tyler Software Products available to Client for downloading. Such amount equals 60% of the license fees for the Tyler Software Products. c) Tyler shall invoice Client the Hardware fees of $16,000.00 and the year I Hardware maintenance fees of $2,430.00 upon delivery of such Hardware. d) Tyler shall invoice Client $80,900.25 upon the earlier of (i) the first use of a Tyler Software Product in live production, or (ii) one hundred eighty (180) days from the date Tyler made the Tyler Software Products available to Client for downloading. Such amount equals 15% of the license fees for the Tyler Software Products. e) Tyler shall invoice Client $800.00 for the Hosted Applications set-up fee and $1200.00 for the year one Hosted Applications annual fee upon availability of such services. The Hosted Applications are provided subject to the terms of the Company Web Services - Internet Based Products Subscription Agreement Terms and Conditions attached hereto as Exhibit 5. f) Tyler shall invoice Client fees for services, plus expenses, if and as provided/incurred. g) Tyler shall invoice a 50% deposit for modifications upon delivery of specifications and 50% upon delivery of modification. Tyler will perform a modification upon receipt of written notice to proceed from Client. Client will have thirty (30) days from delivery of a modification to test such modification. In the event Client does not report an issue with such modification to Tyler within such thirty (30) day period, the modification will be deemed in compliance with the specifications. h) Prices do not include travel expenses incurred in accordance with Tyler's then -current Business Travel Policy. i) Payment is due within thirty (30) days of the invoice date. j) Maintenance fees are waived through the earlier of (i) ninety (90) days after use of a Tyler Software Product in live production, or (ii) one hundred eighty (180) days from the date Tyler made the Tyler Software Products available to Client for downloading. Subsequent annual Maintenance fees will be due on the anniversary of such 7 20/84 Contract No. 2018-0146 EXHIBIT C date. 18. Electronic Payment. Tyler prefers to receive payments electronically. Tyler's electronic payment information is as follows: Bank: Wells Fargo Bank, N.A. 420 Montgomery San Francisco, CA 94104 ABA: 121000248 Account: 4124302472 Beneficiary: Tyler Technologies Inc. - Operating 19. Entire Agreement. This Agreement represents the entire agreement of Client and Tyler with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Client hereby acknowledges that in entering into this Agreement it did not rely on any information not explicitly set forth in this Agreement. 20. Multiple Originals and Signatures. This Agreement may be executed in multiple originals, any of which shall be independently treated as an original document. Any electronic, faxed, scanned, photocopied or similarly reproduced signature on this Agreement or any amendment hereto shall be deemed an original signature and shall be fully enforceable as if an original signature. 21. Notices. a) All notices or communications required or permitted as a part of this Agreement will be in writing (unless another verifiable medium is expressly authorized) and will be deemed delivered when: i) Actually received, ii) Upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the party, iii) Upon receipt by sender of proof of email delivery, or iv) If not actually received, ten (10) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the respective other party at the address set forth in this Agreement or such other address as the party may have designated by notice or Agreement amendment to the other party. b) Consequences to be borne due to failure to receive a notice due to improper notification by the intended receiving party of a new address will be borne by the intended receiving party. The addresses of the parties to this Agreement are as follows: City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469 Michael Armstrong - CIO Tyler Technologies, Inc. 5519 53"' Street Lubbock, Texas 79414 Albert Mendoza - Contract Specialist 22. Independent Contractor. This is not an agreement of partnership or employment of Tyler or any of Tyler's employees by Client. Tyler is an independent contractor for all purposes under this Agreement. 23. T ler Products and Services. Client may purchase additional Tyler products and services at then -current list price, pursuant to the terms of this Agreement, by executing a mutually agreed addendum. Signature Page Follows 8 21/84 Contract No. 2018-0146 EXHIBIT C IN WITNESS WHEREOF, persons having been duly authorized and empowered enter into this Agreement. City of Corpus Chri • Tyler Technologies, Inc. 411C! 11110. By: Name: Title: Date: _L 0\w- -0 BY: --111744-('--1-k Name: Title:noirie.S-;G6r Date: 42—y—/3 9 22/84 naL...03-aaluOt al mown. )7-11.111 SECRETARY Contract No. 2018-0146 Investment Summary Michael Armstrong City N Corpus Chritll, TX EXIT C 4e tyler= Prepared far: Contact Person. Addmr. Phone Fos: Email CL1y .1 Carpi.. Christi. TX Michael Armstrong PO Boa 9277 Corpus Chn.h TX 71409 03411520-3741. 03411026- 416 mrthaelaru camas cam Contract 111 P : 21113.112711 Issue Date: 11!1511] Salcsmaa7 L Midkiif Tax Exempt • Yes No Prad.et.Searke t p7 Eslrips Mik.lanc ill Mika6ase L2 I Mimeo& 01 Aa Progress Orcin T44A Msirtnrrc, 111:1 T0111 lirrinnalla a hlrsbm Innes. ,6.000 OC 19.000 01 2.430 00 Tow APprcarmr. 9.g..m 120 37/90100 11032400 Woos.. Fera - !#CODE Court Cur MmaOrm.n1 Sang 70,407 70, 460,905 CO Loo...., Frei 1NCODE Document Man.s.o.m SW. 114000- 2700000 Una* FN. C.M.sr 5.202 SO 41 750 00 f 5.750 00 Total Probational lmrlo. 1 NWw.n Semen 75002 700 CO On•s.. Seme.. & nnpde.sda0on Fmm BO 000 11 00000 10 ,000 CO 11..000 CO Proper 115004.1ren0 35,000 00 15000 00 PMA Cannon. s Ar nianne 30.000 OA 9 000 OS 19000 00 Wm.* 7.nnoi - 00: :11 rider OnMr. Tromp, Corn 1 11; -41 ._ — — 7toui� _ I34,133:75 3391 145,90112 112.7SRi0 7>3 1_ 13t D40�1'. Ph... Hen: Ira./ mans. 9Nf W 401... #round. M1PA N t1001t.7T1 Phu. Man: Inesd4 Naebea9an Om re hot Mei mini kr M. manta Mom. S.. Meade M.rmc+O.n pp. tar &Mae and 0011p 400.4.0. _ -- --- �- -'- - - - - 1 _ laiWti'eei. --_INaeli�FmA' Tnal Maaihly Sen km Interne! .SenRLrs and Product. "0,...e nag dut r. nM 1n Annuea9nem0ne. ma h.. LOW Amro an mMmly n.. — —.. __ _. .r air= 111:1 23/84 10 Contract No. 2018-0146 EXHIBIT C Software Licenses Michael Armstrong City of Corpus Christi, TX November 15, 2013 tyler Application Software QTY License Fee Annual Fee Incode Court Case Management Suite Criminal Court Case Management Tyler Jury Module Centralized Cash Coiections Incode Auto Scheduling (Warrant Scheduhng, Macro Scheduling, Citation Import Scheduling) Online Search Officer Email Notification Citation Issuing Device Interface Court Incode Web Services DMVIScofttaw Program Interface Court/Police (non-Incode) Interface (Import or Export of CitationsWarrants/Dispositions) General Ledger (non-Incode) Interface GIS/Street Index Extract Jury Data Import Co lection Agency Export interface Custom Alerts (10) Incode ContenUDocument Management Suite Incode Printing and Reporting Solutions Secure Signatures (includes 10 signatures) Report Writer Database ERD (Entity Resource D agram) Output Director Output Director (Base Engine, Print Output Channel. Tyler Content Management Output Channel Email Output Channel) Laserfche Output Channel Content Management Laserfiche Court Suite Interface System Software & Network Services System Software System Software 1 457 400 1,01 .i83 27,600 6,072 1' 12 513Z 2789 Incode Application Subtotal System Software Subtotal 485 000 107.555 12585 2789 Application and System Software Total 497,585 110,324 24/84 1 1: Contract No. 2018-0146 Software Licenses Michael Armstrong City of Corpus Christi, TX November 15, 2013 EXHIBIT C •*tyller Annual Custom Programming QTY Base License Fee Maintenance Custom Interface/Custom Programming Court Room Screen Interface to display courtroom schedules (Screen not provided) 1 6,000 1,506• Ability to use Federal Information Processing Standards (FIPSI for geographic location of offense ( we need 10 discuss this further to accurately quote) TBD Attomey Filling Portal 15.000 3 750 System should scan the vehicle description for words that identify a Commercial Motor Vehicle (CMV) (e.g ,Pelerb It) to make sure the CMV box Is marked to identify the citation as a CMV violation If the vehicle Is a CMV and the CMV box is not marked then prompt the user to verify the accuracy of the CMV box 2.500 2,500 Allow case participants to check themselves In at a kiosk with identification va dation 6 000 1,500 Provide the ability to access case information v:a a courthouse kiosk Included above Officer Scheduling (Interface to other agencies for schedw•ng) 10 000 2.590 Inforsol Data Extract from Third Party Party (Bob Greer) -travel Included 2 250 Custom Interface/Programming Subtotal Custom Interface/Programming Total 61.T5D 11,750 41,750 11,750 25/84 12 Contract No. 2018-0146 Professional Services Michael Armstrong City of Corpus Christi, TX November 15, 2013 Application Professional Services Summary EXHIBIT C t*. tyler t� Estimated Hours Estimated Services Implementation Services Court Case Management Suite 640 80.000 Content Management Suite 64 8.000 Conversion Services Court Case Management Suite 72 39,000 INCODE Professional Services Project Management 35,000 Final Implementation Services 1s3 15,000 Professional Services Total 896 177,000 Estimated Estimated Implementation Services Breakdown QTY Hours Services Incode Court Case Management Suite Criminal Court Case Management 1 520 65 000 Tyler Jury Module 1 80 1.0 000 Centralized Cash Collections 1 40 5 000 Incode Scheduling 1 N/A (Warrant Scheduling, Macro Scheduling, Citation import Scheduling) Online Search 1 N/A Officer Email Notification 1 NIA Citation Issuing Device Interface 1 N/A Court INCODE Web Services 1 N/A DMVIScottiaw Program Interface 1 N/A CourtlPolice (non-INCODE) Interface 1 N/A (Import or Export of Citations/Warrants/Oispositions) General Ledger (non-INCODE) Interface 1 N/A GIS/Street Index Extract 1 N/A Jury Data Import 1 N/A Collection Agency Export Interface 1 NIA Custom Alerts 6 N/A Court Case Management Suite Subtotal 64C 80,000 Incode Content Management Suite Incode Printing and Reporting Solutions Secure S gnatures (includes 2 signatures) N/A Report Writer N/A Database ERD (Entity Resource Diagram) 1 N/A Output Director Output Director 1 16 2,000 (Base Engine, Print Output Channel. Tyler Content Management Output Channel. Email Output Channel) Laserfiche Output Channel 1 N/A Content Management Laserfiche Court Suite Interface 1 46 6,000 Content Management Suite Subtotal 54 8,000 Professional Services Professional Services Project Management 35,000 Final lm lementation_ 120 15,000 Professional Services Subtotal 120 50 000 6/84 Contract No. 2018-0146 Professional Services Michael Armstrong City of Corpus Christi, TX November 15, 2013 Conversion Services EXHIBIT C Conversion Estimated Estimated Conversion Programming Fee Hours Services Services Court Applications Criminal Court Case Management Citation/Case Information 30.000 Violation (offense) Information Included Fee/Fine/Cost Assessments Included Fee/Fine/Cost Payments Included Fee/Fine/Cost Non -Cash Credit Included Bond Information Included Warrant Information Included Officers Included Witnesses Included Defendants Included Offense Code Master Included Vehicles Included Attomeys Included Citation History Included Receipts Included 72 0 9.000 39 OC.0 Conversion Services Subtotal 30 non +2 9.000 39.000 Conversion Services Total 30,000 72 9,000 39,000 27/84 14 Contract No. 2018-0146 Cash Collection Hardware Michael Armstrong City of Corpus Christi, TX November 15. 2013 EXHIBIT C tyle. Misc. Hardware and Network Equipment QTY Price Maintenance Maintenance Source Cash Collection All TM-fd60001V printers include PS180 power supply, ribbon, USB Cable and 50 roll Case al paper Epson TM-H60001V Thermal Receipt Printer • Black, USB NEW 10 9,000 —ALL MEDIA PLUS CASH DRAWERS ARE. 5" high, 16" deep, 17" wide Media Plus Automated Cash Drawer -Black NEW (INCODE) 10 2,000 Mag Stripe Reader - V9.0 10 650 Eye0arl Cameras-Logiteth 10 650 Topaz Signature Pad T-1-462 • USB On -Premise Court Sites 10 3,500 2,030INCODE -12 mos warranty 400INCODE -12 mos warranty Hardware & System Software Subtotal 16 000 213;) Installation & Configuration of System 750 Hardware and System Software Total 16,750 2,430 $ 8/84 Contract No. 2018-0146 EXHIBIT C Hosted Applications V.% Michael Armstrong tyler City of Corpus Christi, TX November 15, 2013 Service QTY Charges Initial Year Annual Fee Citizen Portal One Time Setup Fee - Hardware Configuration - DNS registration INCODE Court Online Component Monthly support/maintenance fee - Display of citation/cutatrons for payment - Display of Payment Plans - Payment Options - Drivers Safety Course - Deferred Disposition - Make Payment - Collects plea from defendant - Security -- SSL (Secure Socket Layer) - Payment Processing - Credit Card - Payment packet is created to be imported to Court System NOTE Defendant pays $2 50 - 33 50 fee per transaction for payment on-line 1 BOO 80] 100 /month 1,200 1,200 Hosted Applications Total 2,000 1,2o0 16 29/84 Additional Cases Closed Annually 2941 Contract No. 2018-0146 INCODE Notification Michael Armstrong City of Corpus Christi, TX November 15, 2013 Service EXHIBIT C ` . tyler I nCviric es Annual Cases Charges Annual Fee INCODE Notification for Courts INCODE Notification for Courts (S1 per violation) 25,000 1.00 /violation 25,000 - Defendant Notification by Phone - Call can be made for • Citation Issued • Court DateReminder • Court Date Missed, Notify of Next Step • Warrant Issued • Payment Plan due date reminder • Etc - Case updated after call • Cali taken live • Left message • No answer - Court creates unique message for each call type - Cali message can be English or Spanish - Call Attorney. rather than Defendant Note The Court will be billed for the cases in which calls are made The S1 00 charge per violation includes up to 4 calls per violation. as shown above The Court well be belled by Tyler Technologies monthly for the calls conducted Estimated Monthly Fee 5 2,083.33 INCODE Notification For Court Total 25,0c Rot Annual Gases 25,000 Estimated Citation Amount Less State Fees ($180 - $95) $ 85 00 Annual INCODE Notification for Court Fee 25,000 Breakeven Point (Annual Fee/Est. Ticket Amount Less State Fees) 30/84 17 1.18% Contract No. 2018-0146 Tyler OnDemand - Tyler Online Training Center Michael Armstrong City of Corpus Christi, TX November 15, 2013 EXHIBIT C e.?* .rlr Service Annual Fee Tyler OnDemand - Tyler Online Training Center Tyler Online Training Center - Open for ALL Employees during subscription period - Unlimited Access to Live Webinars and Archived Webinars - Unlimited Access to Self Study Courses - Available 24/7 - Continuing Professional Education Credit with NASBA Standards - Live Webinars conducted monthly with an estimated 80 webinars annually - Over 45 Online Self Study Courses - General business knowledge and Microsoft Office software based courses - Courses cover a variety of topics that span the entire suite of INCODE applications o Court - New Webinars and Self Study Courses added throughout the year Tyler Technologies, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417. Web site. www.nasba.org 5,000 Tyler Online Training Center Total 5,000 Exhibit 2 Statement of Work System Implementation City of Corpus Christi ("City") for its Municipal Court Court Case Management Revision History Author Date Document Created Donna Martindale 11/06/2013 Document Modified Donna Martindale 11/22/2013 For more information, visit www.tylertech.com Page 1 of 41 32/84mpoweri`.ngpeople who serve the public • • _:._tvIer • technologies Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court Section 1, Project Overview 3 1..1 Project Description ..... .................... .3 1..2 Project Deliverables 4 Section1 Project Scope 10 2,1 infrastructure aa ......... a ............... • maa ......... e. 10 2.2 Tyler Software .1. Pg .... -#.4# ...... 444.44.444 .. . .. . ....................................... IS •• 11 2.3 ProfesMonall services 18 2.4 Custom Programming ................. ... .................. .......... ..... . 19 2.5 'Data CnnversiOri Services... 21 2.6 Additional Services 24 Section 3. Project Timeline / .. a mi. tri 'qr. ..... Pl. ........ e ..... 26 3.1 Project Phses •••• e• .... ..... . # # 4 26 3.2 !Project Lifecycle ....... ....... ..... _ ... ..... ................ ....... ..................... ........... ....... .....,25 3.3 Project Schedule ......... 9 ...... ........ ..... ....... ..... e4r.4 en 444.9-e 29 Section4- Project Team - .. . . ....... .... • ........................ ................... ....... .... 4.4 ........ ao 1./ Project Organization 30 4.2 Tyler Roles and Responsibilities 30 4.3 City Roles and Responsibilities ...... 94.4. F.4. .... ............. .......... 32 4.4 Responsibility Matrix 34 4.5 Project Contact List 37 Section S. Project Management - 38 5.1 Schedule Control -Status Reporting . ........................... .......... ............... ...... ...„ 38 52 Quality Control - issue Management. .. ........... ...... ....... ....... ..... 4 .144444 • ..... 44.4#1,1, el. 38 5.3 Cost Control - Budget Management .........38 SA Scope Control - change management 38 5.5 Risk Control - Risk Management ............ 4 4 .... 39 Section. 6. References 6.1 Tyler Policies and Standards, 40 Page 2 of 41 33/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court Section 1. Project Overview 1,1 Project Description This Statement of Work and Price List ("SOW") document describes the project to be undertaken by Tyler Technologies (Tyler) on behalf of City of Corpus Christi ("City") for its Municipal Court in accordance with Contract Number 2013-0278 (the "Agreement") to which it is attached as Exhibit 2. The objective of the project is to replace current business systems and processes with Tyler's Municipal Court Case Management software (the "System") in order to help the City realize industry best practices, better manage information resources, and build the foundation for e -government initiatives. The project will take ten (1.0) months or Tess to implement from the date of the contract signing. Tyler has facilitated similar projects under similar timeframes, and represents that the System can be implemented in this timeframe. The City desires to approach the project tasks within timeframes that are reasonable for completing work in a thorough and accurate fashion, however Tyler has been made aware of the critical urgency to the City of the timely installation of a correctly functioning System. The project schedule dates are based on conservative estimates of task duration, and these dates will be confirmed or revised, by the Director for the City if necessary, as the project progresses. Page 3 of 41 34/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City') for its Municipal Court 1.2 Project Deliverables Software [17 License. Fees Annual Fees Criminal Court Case Management 1 457,400 114,350 - Centralized Cash Collections Tyler Jury Module Hours Service Custom Alerts (10 alerts included) - Incode Auto Scheduling (includes warrant, auto citation & citation import scheduling) - Online Search -Officer Email Notification -Secure Signatures (10 signatures included) - Data Dictionary / ERD - Tyler On -Line Training Center 5,000 Tyler Community Tyler Output Director 1 27,600 6,900 System Software 1 12,585 3,146 Page 4of41 35/84 License Fees Annual Fees Hours Service Total, Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court r Interfaces Citation Issuing Device Interface Included General Ledger (non-incode) Interface Included Court to Police (non-Incode) Interface Included DMV/Scofflaw Program Interface Included Collection Agency Export Interface Included GIS/Street Index Extract included Jury Data Import Included Included Total Software 497,585 Page 5 of 41 36/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court License Fees Annual Fees Service Custom Programming Court Room Screen Interface to display schedules(screen not provided) 1,500 6,000 Ability to use Federal Information Processing Standards (FIPS) for geographic location of offense (Client and Tyler will further discuss the Client's needs and specifications under this requirement to determine scope and cost of work to be provided. Pending finalization, this quote cannot be accurately determined.) TBD Attorney Filing Portal 3,750 15,000 System should scan the vehicle description for words that identify a Commercial Motor Vehicle (CMV) e.g. Peterbilt to make sure the CMV box is marked to identify the citation as a CMV violation. If the vehicle is a CMV and the CMV box is not marked, prompt the user to verify the accuracy of the CMV box. 2,500 2,500 Allow case participants to check themselves in at a kiosk with identification validation _ 1,500 6,000 Provide the ability to access case information via a Include courthouse kiosk Included d Officer Scheduling (interface to other agencies for scheduling) 2,500 10,000 Inforsol Data Extract from Third Party (Bob Greer) — Travel Included 2,250 Total Custom Programming (known at this time) 41,750 Page 6 of 41 37/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court QT Annual Fees Service Annual Services Tyler Notification for Courts ($1 per violation) (estimated annual violations 25,000, so the annual estimated fee to be billed to the City) -Defendant Notification by Phone 25,000 - Calls can be made for; Citation issued, Court date reminder, Court date missed, Notify of next step, Warrant issued, Payment plan, etc. - Case Updated after call: Call taken live, Left message, No answer -Court creates unique message for each call type - Call message can be English or Spanish Incode Web Component - Set up Fee (hardware configuration, DNS registration) 1 800 - Hosting 1,200 - Support / Maintenance 1,200 (Defendants pay $2.50-$3.50 fee per transaction for payment online) Note: INCODE's Online modules support merchant accounts through ETS and Authorize.net. [Total Annual Services — 26,200 Page 7 of 41 38/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court License Fees Annual Fees Hours Service Total Professional Services Criminal Court Case Management 640 80,000 Tyler Output Director with Laser Fiche Interface 64 8,000 Final Implementation Services 120 15,000 Tyler Project Management 35,000 Estimated Travel Expenses 43,959 Court Case Management Conversion Programming Fees 30,000 Court Case Management Conversion Services 72 9,000 Total'Professlonal Services 896 220,959 Page 8 of 41 39/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court Page 9 of 41 40/84 Purchase Price Annual Fees __. Cash Collection Equipment Epson TM -I -160001V Thermal Receipt Printer - Black, USB 10 9,000 __ 2,030 Media Plus Automated Cash Drawer -Black 10 2,000 400 Mag Stripe Reader - V9.0 10 850 Topaz Signature Pad T -L462 - USB- On -Premise 10 3,500 Logitech Eyeball Cameras 10 650 Installation and Configuration 750 Total}Hardware 16;750 2,430 Page 9 of 41 40/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court Section 2. Project Scope The purpose of this section of the SOW document is to further define and describe the products and services that Tyler will provide. In order to conduct a successful implementation project, it is essential that the parties involved are all aware of the activities that will take place and the assumptions that the parties are operating under in order to deliver the expected business value. Each of the products and services listed in the Project Deliverables is represented below with a description and a list of activities and assumptions. In the Project Deliverables section many of the products and services are associated with an estimated number of implementation service hours. These hours are estimates of the implementation time required for Tyler to perform the activities listed that Tyler is responsible for. The accuracy of these estimates is dependent on the City performing according to their responsibilities and also upon the validity of the assumptions put forth. If these responsibilities or assumptions shift, the time required to deliver the products and services will likely be affected. Any changes to the project that increase the Purchase Price set forth in the Agreement will require an amendment to the Agreement, as described in the section 5.4 below. 2.1 Infrastructure Tyler software solutions are designed to perform on hardware and network configurations of reasonable speed and strength. In order to ensure that the processing environment is suitable for running Tyler applications, Tyler Network Services staff conducts a Hardware Verification before the software is installed on the City's systems. This verification process consists of an interview with the designated contacts for the City, collection of relevant configuration documentation, and occasionally the execution of one or more monitoring programs that will inspect and catalog the configuration of the City's servers, workstations, and network. 2,1.1 Server Hardware The purchase and configuration of server hardware r.c included in the scope of the Agreement. The City will purchase and/or provide server hardware, operating system, and database software for the Tyler solution and these systems will meet or exceed the system requirements documented by Tyler. 2.1.2 Network Hardware The purchase and configuration of network hardware 15 r,:_' included in the scope of the Agreement. The City will purchase and/or provide network hardware, operating system, and management software for the Tyler solution and these systems will meet or exceed the system requirements documented by Tyler. 2.1.3 Workstation Hardware The purchase and configuration of workstation hardware is NOT included in the scope of the Agreement. The City will purchase and/or provide workstation hardware, operating system, and productivity software (such as Microsoft Office) for the Tyler solution and these systems will meet or exceed the system requirements documented by Tyler. 2.1,4 Document Imaging Scanner Hardware The purchase and delivery of specific document imaging scanner hardware is Nor included in the scope of the Agreement. 2.1.5 Cash Collection Hardware The purchase and delivery of specific cash collection hardware is included in the scope of the Agreement. Activities and assumptions: • Tyler will order the hardware and have it delivered by the supplier directly to the City site. • City is responsible for placing the hardware at the desired workstations and installing the hardware according to the package instructions. Page 10of41 41/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court • City will be first line of support for the hardware. 2.1.5.1 Epson TM -H6000 Thermal Receipt Printers Thermal receipt printers are used in conjunction with Cash Collections to print receipts for payments taken and endorse checks received in the Incode system. Activities and assumptions: Tyler will provide an initial supply of receipt paper. City is responsible for procuring additional receipt paper, as needed. Receipt printers must be connected directly to an Incode workstation via USB cable. Receipt printers can be connected directly to a network and shared with the purchase of an optional Ethernet adapter card (not included). 2.1.5.2 Media Plus Automated Cash Drawers Automated Cash Drawers are used in conjunction with Cash Collections to manage and secure cash, check, and other currency. The opening of the drawer can be driven by a receipt printer through the connection of an included cable. 2.1.5.3 Magnetic Stripe Readers Magnetic stripe readers are used in conjunction with Cash Collections to read and process credit card account information. These readers can also be used in conjunction with Court Case Management or Public Safety to read driver's license information in applicable states. 2.1.5.4 Topaz Signature Pads Signature pads are used in conjunction with the Court Case Management software to capture signatures of defendants and other parties for inclusion In Microsoft Word documents produced by the court. 2.1.5.5 Logitech Court Eyeball Cameras Eyeball cameras are used in conjunction with the Court Case Management software to capture pictures of defendants to associate with their master name records. 2.2 Tyler Software Tyler products will be implemented "off the shelf" with the selected customizations or modifications detailed in the Agreement and in this SOW in section 2.4 below. Any additional customizations or modifications identified or requested will be quoted on a time and materials basis and will be the subject of a separate contract amendment in accordance with the contract requirements set forth in 5.4 below. The software products and license files are made available for download via FTP site within thirty days of Agreement signing. Tyler is responsible for installing the software products on the City's server infrastructure and instructing the City on how to install the workstation components. The City is responsible for installing the components on the workstations. Activities and assumptions: • City of Corpus Christi will identify one or more Subject Matter Experts (SME) with knowledge of the key business processes to be performed in each suite of applications to work with Tyler staff on configuration and testing of the application. • City of Corpus Christi staff will complete project planning survey and application questionnaires and return them to Tyler for review and implementation planning. Tyler may coordinate a conference call with the City to discuss the information provided and resolve any questions or issues. Page 11 of 41 42/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City') for its Municipal Court • Tyler will provide access to the Tyler Online Training Center to the City and identify prerequisite courses to prepare the staff for implementation. The City is responsible for having each of the End Users complete the prerequisite courses. • Tyler will set up the base configuration of the application according to the information provided, with the assistance of the City. The Court staff will be responsible for maintaining these settings on an on-going basis. • The City is responsible for completing any remaining configuration work. The Court staff will complete this "homework" prior to the Implementation Consultant's return for training and go -live. • The Court staff is responsible for entering any business data — people, addresses, accounts, transactions, etc. — into the system that is not converted as part of the scope of the Agreement. The implementation service hours estimated on the Agreement do not include time for Tyler personnel to perform manual entry of business data. Court staff is responsible for establishing configuration and business rules. • Tyler will train the City's key personnel on the key business processes to be performed in the application. The method and amount of training provided will depend on the number of implementation hours estimated in the Agreement. • Tyler will work with the City to establish a process for ending processing in the legacy system and beginning processing in the Tyler system. Tyler does not support parallel processing — keeping two systems active and duplicating effort in each system after the Tyler system has "gone live". • Tyler will support the go -live process by answering questions from City End Users, providing follow up training, and resolving issues that may arise. 2.2.1 Court Case Management Suite Tyler's Court Suite will function as a fully integrated, graphical application that provides bond management, probation tracking, document management, and automated processing. The unique "Control Center" will give users all of the information on citations and defendants on one screen with extensive search and filter options. 2.2.1.1 Criminal Court Case Management Tyler's Incode Court Case Management tracks all aspects of the court and its officers. It is a fully integrated, graphical application that provides effective case management, document processing, and cash/bond management. Utilizing a variety of user -defined options, it will be configured to fit the City court's individual needs. Users will be able to create master files for persons, officers, and vehicles, thus eliminating duplicate data entry for every case or citation. Existing information will be easily located and attached to a new case. This system will fully comply with all state reporting and conviction reports. This includes electronic reporting. Activities and assumptions: • Tyler may consult with the City regarding the development of new business processes. The City is responsible for finalizing and approving the new processes prior to the configuration of the application. • Base configuration of the application includes the following —security, general ledger accounts, fee codes, speeding tables, offense codes, and the court calendar. This configuration will be performed on-site by the Tyler Implementation Consultant. • Configuration homework for the City may include the following: o Manual entry of data elements not included in the data conversion included in the scope of the work Creation and testing of Microsoft Word templates and complaint bodies ▪ Creation and testing of disposition macros and queues. • Tyler will train the City on the following business processes: ▪ Citation entry Page 12 of 41 43/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court o Case disposition o Court calendar and scheduling o Warrant processing o Bond processing (including forfeitures and refunds) o Cash collections o Document creation o Macro and queue creation o State reporting • The City is responsible for ensuring the payments due to other entities by the Court have been fully distributed prior to the go -live of the application. 2.2.1.2 Centralized Cash Collections Cash Collections facilitate detailed tracking of all cash transactions including operator, terminal, and batch information, allowing improved cash drawer balancing and detailed audit trails. This cashiering product accepts multiple payment types and will provide easy-to-use reporting, auditing, and payment entry capabilities. Activities and assumptions: • Tyler will set up the base configuration of the Cash Collection system — system file, terminals, departments, operators, and transaction codes — with the assistance of the City staff. City will be responsible for maintaining these settings on an on-going basis. • Tyler will set transaction codes with the desired General Ledger accounts. The City will verify final listing of General Ledger accounts interfaced with the Cash Collections system prior to the go -live of the application. • Tyler will train the City on the following business processes: Payment processing End of day close out 2.2.1.3 Court Incode Web Services Tyler will install an application programming interface (API) that allows for an alternative method of sending/receiving data to/from the Incode application. Using the API, a third -party system may request information about citations from Incode, and, the third -party system may submit or update citation information. The API requires the third party to utilize a Microsoft .NET Dynamic Link Library (DLL) and requires web services to be configured to connect to the Incode application server. Activities and assumptions: • Tyler will install and configure the web services and provide technical documentation for utilizing the API. • The design, development and testing of third -party interfaces using the API is the responsibility of the City and the third -party vendor. • Prior to being given access to the API , the third party vendor will be required to execute a non -disclosure agreement with Tyler. 2.2.1.4 Custom Alerts —10 Included The Custom Alerts framework will activate rules with corresponding notifications (alerts). Once rules are selected, anytime a case is changed, the application will check the activated rules to determine if any apply to the given situation and prompt Page 13 of 41 44/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court the user with an alert message related to that situation. There will be flexibility with each alert regarding whether the user is allowed to continue past the alert or if the user is not allowed to continue. The scope of the work includes the design and development of 10 custom alerts. Tyler will work with the City to identify any alerts that may be required and ensure that the required controls cannot be managed through existing functionality in the system. Each custom alert that is requested will be produced and delivered as a custom development task and governed by the activities and assumptions of the Custom Programming section of this SOW. 2.2.1.5 Incode Scheduling This program will be used to schedule, manage, and monitor automated jobs in the Incode Court software application. This feature will run Incode processes that may be time-consuming or resource intensive at a time that is convenient to users and ensures that repetitive tasks are accomplished consistently. The console includes an event log thatill verify that a process has run and handle any errors or warnings that may have occurred, and it contains a Launch function that will manually run a process at an unscheduled time. Activities and assumptions: • Tyler will install the application and instruct the City on its use. • Tyler will assist in troubleshooting issues with the application. The City is responsible for establishing the required settings and schedules and for testing the application. 2.2.1.6 Online Records Search Online Records Search (ORS) is a Tyler Technologies product offered through the Local Government Division. This online product works in conjunction with Tyler's Incode Court Case Management applications. ORS will allow users to view criminal records in City Incode database and, when paired with an lnSite subscription, immediately make a payment using the online payments site. The City can customize ORS so that it can be used as a view - only site, an internal site, or a warrants -only site. Activities and assumptions: Tyler will send the City documentation for the ORS components that includes a survey for the City to complete. City will complete the survey, and Tyler will rely upon the survey responses in configuring the ORS components. • Tyler will install the web service components on the Incode application server. • Tyler will conduct training sessions for the City's staff to instruct on configuration and use of the online components • Tyler will assist in troubleshooting issues with the application. The City is responsible for establishing the required settings and for testing the application. 2.2.1.7 Officer Email Notification Officer Email Notification will automatically send officers an email notification when their attendance is required in court. When a case is set for docket on a calendar session set to notify officers (for instance, a trial docket calendar session), the issuing officer and any officer witnesses will be sent an email automatically by the System informing them of the requirement to appear at a specified date, time and location and the details of the case. If the date, time, or location changes, a subsequent automatic email with updated information will be sent. If the case status is changed to one not associated with a relevant calendar type (i.e. a calendar type set to notify officers), a cancellation notice will be sent automatically. Activities and assumptions: • Tyler will install the application and instruct the City on its use. Page 14 of 41 45/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court • Tyler will assist in troubleshooting issues with the application. The City is responsible for establishing the required settings and schedules and for testing the application. 2.2.1.8 Secure Signatures (includes 10 signatures) Tyler's Incode Secure Signatures increases efficiency by attaching secure digital signatures of authorized personnel directly onto documents such as court documents. Signatures are scanned and encrypted by Tyler and placed in the System to be associated with the appropriate forms. The owner and proxy are designated by signature, and security will prevent unauthorized use of signatures. Note: Tyler's Court Case Management system does have an alternate method for attaching a signature to a document according to the user that is producing it. As such, Tyler recommends using Secure Signatures only for signatures that need a higher level of security — primarily those of the judges that are signing judgments and warrants. Activities and assumptions: • Tyler will provide forms to the City to capture written signatures and associated user information. • The City is responsible for collecting completed forms from the users and returning the forms to Tyler. • Tyler will scan the signatures, encrypt the resulting files, and place the files on the Incode server. • Tyler will instruct the City on the configuration and use of Secure Signatures in their documents. 2.2.1.9 Entity Relationship Diagram (ERD) Tyler will provide an Entity Relationship Diagram for the SQL database structure of the Incode Court Case Management application. The City will use this diagram to better understand the structure of the data needed to build custom queries or reports. Note: Some proprietary configuration related data may be stored outside of the database structure. Likewise, new fields that are added mid -version will not be represented in the ERD or available in the SQL database until they are incorporated into the database in a major version release. 2.2.1.10 Tyler Jury Module with Jury Data Import Tyler Jury Management simplifies the jury selection and court management process. Many functions are reduced to a click of a mouse, while others can be handled quickly or even automated through an intuitive and user-friendly interface. From easily searching, creating and managing a list of eligible jurors to entering updates, maintaining exemptions and providing an efficient check-in process, the entire jury selection process is handled by one system. Activities and assumptions: • The City will include the following prerequisite materials with the application questionnaire: c. A copy of forms to be used with the system for summons/questionnaire and seating chart A copy of reports used for jury selection and finance, if applicable. A jury data file to be used in the import • The City will collect the following prerequisite materials and provide them to the Implementation Consultant upon arrival on-site: ;. A list of exemptions and qualifications for jurors • Tyler will consult with the City regarding the development of processes for managing jury panels and pools. The City is responsible for finalizing and approving the new process prior to the configuration of the application. • Base configuration of the application includes the following — panels, pools, exemptions and qualifications. This configuration will be performed on-site by the Implementation Consultant. • Tyler will train the City on the following business processes: Page 15of41 46/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court Creating and managing panels and pools Managing and checking in jurors Creating notices - Printing reports The Jury Data Import does not include jury service history. 2.2.1.11 Brazos Citation Issuing Device Interface This standard interface facilitates the import of citation information from Brazos Technology citation issuing devices into the System. The import of citations is initiated by a user, and the citation information will utilize an existing standard, supported import format that has been established between Tyler and Brazos. Optionally, citation imports can be configured to run on a regularly scheduled basis in Incode Activities and assumptions: • Tyler will install the interface and instruct the City on its use. • Tyler will assist in troubleshooting issues with the standard interface. The City is responsible for establishing the required settings and schedules and for testing the interface. • A separate interface must be licensed for any other third party system that will be providing citation information. 2.2.1.12 Court/Police (non-Incode) Interface This standard interface facilitates the export of citation, disposition, and warrant information from the System. Each of these exports is initiated by a user, and the resulting files are provided in a standard, supported format. In addition, the System interface will export warrant information automatically in real time. For dispositions, the System does not provide exports of incremental, periodic, or status changes other than at final case disposition. Activities and assumptions: • Tyler will install the interface and instruct the City on its use. • Tyler will assist in troubleshooting issues with the standard interface. The City is responsible for establishing the required cross-references and code tables and for testing the interface. 2.2.1.13 DMV/Scofflaw Program Interface This standard System interface facilitates the export of files in the format required for the Texas Department of Transportation (TxDOT) Scofflaw program. These exports are initiated by a user, and the resulting files are provided in a standard, supported format. The City is responsible for transmitting the resulting files. Activities and assumptions: • Tyler will install the interface and instruct the City on its use. • Tyler will assist in troubleshooting issues with the standard interface. The City is responsible for establishing the required settings and for testing the interface. 2.2.1.14 Collection Agency Export Interface This System interface facilitates the generation of reports and exports of delinquent cases with outstanding warrants to be submitted to a third party Collection Agency. Tyler has established standard, supported export formats for several third party collection agencies. Activities and assumptions: Page 16 of 41 47/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court • Tyler will install the interface and instruct the City on its use. • Tyler will assist in troubleshooting issues with the standard interface. The City is responsible for establishing the required settings and for testing the interface. 2.2.1.15 GIS/Street Index Extract The Court Case Management software provides the ability to populate a database of valid street addresses for the Client's locale. Activities and assumptions: • The Client will provide a file of valid streets from their GIS system. • Tyler will import the contents of the file into the Court Case Management street database. • This service is a one-time import — changes or additions must be maintained manually after the initial import. 2.2.1.15 General Ledger (non-Incode) Interface This standard interface facilitates the export of summarized journal entries for third party General Ledger systems to reflect the financial activities recorded in the Incode Court Case Management system. In addition, outgoing payment information can be exported for use in processing checks through third party Accounts Payable systems. Tyler has established standard, supported export formats for several third party financial systems. Activities and assumptions: • Tyler will install the interface and instruct the Client on its use. • Tyler will assist in troubleshooting issues with the standard interface. The Client is responsible for establishing the required cross-references and code tables and for testing the interface. • Tyler reserves the right to require additional custom development charges if non -supported formats, additional data elements, or support for enhanced processes are required by the Client or their vendors. 2.2.1.17 Incode Notifications for Courts Incode Notifications for Court offers an automated way for the Court to contact multiple people by phone about pending or issued warrants, upcoming court dates, or outstanding balances. The System will perform call campaigns that are configured and controlled in the Incode Court application, a calling service that makes the campaign calls and returns the results of the calls, and the Incode Data Center which facilitates communication between the System and the calling service. Activities and assumptions: • Tyler will install the interface and instruct the City on its use. • Tyler will assist in troubleshooting issues with the standard interface. The City is responsible for establishing the required schedules, settings, and message content, and testing the interface through the calling service. • The Notifications system requires the Incode Scheduling and Court Incode Web Services components. 2.2.2 Content/Document Management Suite 2.2.2.1 Output Director Tyler Output Director allows users to define how document output such as email, printing, and saving is handled. City will also have the option to auto -image and index each document. This automatic process captures an image of the document and automatically links it to the System record as an attachment. Activities and assumptions: • Tyler will provide an email testing utility and the City will ensure that its e-mail server (SMTP server) is properly configured to allow the Output Director service to send emails to addresses outside of the City's domain. Page 17 of 41 48/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court • Base configuration of the application includes the installation and testing of the Output Director software on the Incode application server. This configuration will be performed by remote connection, if feasible. If not feasible, it will be configured on City premises at no additional charge. • Configuration homework for the City may include the following: Creating/editing Court document templates with required merge codes • Tyler will train the City on the following business processes: Document routing through Output Director 2.2.2.2 Laser Fiche Interface Incode interfaces with LaserFiche to allow Court to save and retrieve documents associated with cases. Incode sends system -generated documents to LaserFiche without the need to print and scan. Similarly, citation images sent from handheld citation systems can be sent directly to LaserFiche. Documents can also be scanned into LaserFiche and associated with cases or defendants. A button in Incode allows users retrieve documents associated with cases and defendants. 2.2.3 System Software 2.2.3.1 System Software Tyler's Incode line of applications requires third party runtime components to manage the communication between servers and workstations. These components include AcuServer, AcuGT runtime, and/or Acu4GL. Activities and assumptions: • Tyler will order the contracted software and install the software on the City's server. • Tyler will support this software and provide upgrades, as available, as long as the City maintains a current maintenance agreement with Tyler. 2.3 Professional services 2.3.1 Implementation Services Tyler employs a pool of implementation consultants that are divided into 6 skill sets: Financial, Utility, CRM, Court, Imaging, and Public Safety. Tyler attempts to assign one implementation consultant of each applicable skill set to each City. This consultant will perform all consultation, conversion, and training tasks for that product suite. All references to Implementation Consultant in this SOW refer to a Tyler employee assigned to perform the specified functions of the Implementation Consultant in that section of the SOW. The following assumptions apply to the implementation services: • City will ensure that employees are available for required training sessions and conversion tasks — including after- hours training, if necessary. • Employees of the City will have basic Windows skills, including, but not limited to using a mouse, clicking on an icon to open a new window, minimizing windows, switching between open windows, printing screens, and understanding the desktop. • Tyler staff will have access to City site after hours, if necessary. Page 18 of 41 49/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court 2.3.2 Incode Professional Services 2.3.2.1 Project Management Tyler will assign a project manager to be the primary point of contact for the implementation project activities. In situations where more than one suite of applications is purchased, Tyler may assign a separate project manager to assist with each application suite and designate one project manager as the lead for the project. 2.4 Custom Programming Tyler products will be implemented "off the shelf" without customization, except as detailed in the SOW below. Any additional customizations identified or requested will be quoted on a time and materials basis and processed as a contract amendment in accordance with the City's contract procedures. While there are times that requested customizations are simply not feasible, if Tyler does enter an agreement to customize the product, Tyler will make every effort to design customizations so that they can be leveraged by more than just one Client. This focus will affect the approach to designing, developing, and deploying new functionality so that we may benefit the largest population of users possible and regardless, all custom programs under this Agreement will become part of the base system, and will be fully supported by Tyler going forward. 2.4.1 Custom Modifications Custom modifications are changes to the functionality of existing Tyler software products. These changes may involve the addition of new fields to a screen, the enhancement or automation of a process, or the creation of a new module. Activities and assumptions: • Tyler will work with the City to determine the requirements for the modification. • Tyler will develop a design document based on the requirements, along with a proposal for related development costs that will be provided to the City's designated Project Manager to be handled in accordance with the City's contract amendment processes. • The City will review the design document, provide feedback, and approve the final version of the design document and proposal before any development work begins. • Upon approval of the design document, Tyler will schedule the development work. Tyler will advise the City of any schedule changes. • Tyler will write the software code, test the modification against the requirements through quality assurance, and prepare the modification for deployment through release management. • Tyler will deploy the modification and instruct the City on its use. • Tyler will assist in troubleshooting issues with the modification. The City is responsible for establishing the required settings and for testing the modification against the documented requirements. • Tyler reserves the right to require additional custom development charges if changes are made to the documented requirements for the modification after the design has been approved. These changes will be processed in accordance with section 5.4 below. The design and development of the following modifications are included in the SOW and the Purchase Pricing in the Agreement: 2.4.1.1 Commercial Vehicle Word scan Description Scan for words that indicate a commercial vehicle violation Page 19 of 41 50/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court Specification System should scan the vehicle description for words that identify a Commercial Motor Vehicle (CMV) to make sure the CMV box is marked to identify the citation as a CMV violation. If the vehicle Is a CMV and the CMV box is not marked then prompt the user to verify the accuracy of the CMV box. 2.4.1.2 Case Participant Kiosk Check-in Description Allow case participants to check themselves in at a kiosk with proper identification validation Specification Allow case participants to check themselves in at a kiosk with proper identification validation 2.4.1.3 Case Information on Kiosk Description Provide the ability to access case information via a courthouse kiosk Specification Provide the ability to access case information via a courthouse kiosk 2.4.1.4 Attorney Filing Portal Description Attorney Filing Portal Specification Attorney Filing Portal - The defense attorney portal is an online system hosted by Tyler that facilitates interaction between court staff and defense attorneys. Attorneys may submit motions and filings and inquire about their cases. Attorneys may also sign up for lists of new cases or warrants for marketing purposes. Attorney transaction and access fees may apply. 2.4.2 Custom Interfaces Custom interfaces involve the development of a standard, repeatable process for transferring information into or out of the System software. These interfaces may take the form of a user -initiated import/export program, an API, or a web service. Activities and assumptions: • Tyler will work with the City to determine the requirements for the interface. • The City is responsible for engaging any third party vendors to participate in the design, testing, and implementation of the interface. These vendors may require the City to pay for additional products and services in order to develop an interface. • Tyler will develop a design document based on the requirements, along with a proposal for related development costs. • The City will review the design document, provide feedback, and approve the final version of the design document and proposal before any development work begins. • Upon approval of the design document, Tyler will schedule the development work. Tyler will advise the City of any schedule changes. • Tyler will write the software code, test the interface against the requirements through quality assurance, and prepare the interface for deployment through release management. • Tyler will deploy the interface and instruct the City on its use. Page 20 of 41 51/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court • Tyler will assist in troubleshooting issues with the interface. The City is responsible for establishing the required cross-references and code tables and for testing the interface against the documented requirements with the third party vendor. • Tyler reserves the right to require additional custom development charges if changes are made to the documented requirements for the interface after the design has been approved. These changes will be processed in accordance with section 5.4 below. 2.4.2.1 Screen Interface to Display Courtroom Schedule Description Screen interface to display courtroom schedule Specification Screen interface to display courtroom schedule — screen not included 2.4.2.2 Federal Information Processing Standards Interface Description Federal Information Processing Standards Interface Specification Ability to use Federal Information Processing Standards Interface for geographic location of offenses—this interface needs to be discussed further before it can be accurately spec'd or quoted. 2.4.2.3 Officer Scheduling Description Officer Scheduling Specification Officer scheduling interface to other agencies for scheduling 2.43 Enhancements Tyler software is constantly being modified to improve performance and add functionality. Tyler incorporates hundreds of enhancements into the INCODE Product applications every year. Many of these enhancements originate as suggestions from our customer base. Therefore, City's suggestions are encouraged. City may submit suggestions for enhancements and vote on suggestions from other cities through our customer service Web site on www.e-incode.com. Tyler will not implement all change requests and those that are implemented will not be done immediately. City will complete its implementation schedule with the then current version of the Tyler software and not postpone implementation pending the release of enhancements. 2.5 Data Conversion Services The data conversion process will transfer information from one or more legacy systems into the System in an accurate and verifiable manner. Verification of the data conversion consists of comparing the on screen data elements and management reports of each system. City understands that very little is done in the conversion process to "fix" the data. Inconsistencies or corruption in the original data will carry over to the new system — these issues should be identified and resolved before final data conversion on the legacy system(s) or shortly after "going live" on the Incode system. Some data issues can be resolved during the conversion process by limiting the scope of the conversion to exclude the erroneous data. Activities and assumptions: Page 21 of 41 52/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court • The City will identify one or more Subject Matter Experts (SME) with knowledge of the key business processes to be performed in each suite of applications to work with Tyler staff on verification and testing of the data conversion. • The City will complete project planning survey and application questionnaires and return them to Tyler for review and implementation planning. Tyler may coordinate a conference call with the City to discuss the information provided. • Tyler will establish a dedicated secure FTP site for the transfer of data files. • City will employ technical staff capable of extracting data from the legacy software system(s) in a format suitable for conversion with documentation of the extracted data layout and format. City will provide a preliminary extract of the data from the existing system(s) by posting it to the Tyler FTP site or shipping it on removable media, such as CD, DVD, or portable hard drive. Tyler does not accept backup tapes. The City is also responsible for providing file layouts and data definitions for the preliminary extract. The City will also provide operational reports that coincide with the time at which the extract was produced. The format of the data files must be in an acceptable Tyler format. Acceptable file formats include: ASCII/text files which may be either fixed length or delimited, MS/SQL databases, Access Databases or Excel Spreadsheets. Multiple data extracts may be required during the implementation process which will include the final data extract just prior to "go live". New data extracts from legacy software system(s) will be available within 48 hours of request. All data extracts must conform to the file layouts and structure of the preliminary data. • Tyler will evaluate the preliminary data to confirm that the data is in a readable, usable format, and that we have all the required data for the conversion. • Tyler will develop conversion programs based on the format and structure of the preliminary data. The City will be responsible for providing Tyler with context for the extracted data from the existing system. • Tyler will perform a preliminary data conversion test using the programs developed. Tyler will complete a structured list of data integrity checks before releasing the data for review by the City. • The City is responsible for reviewing and validating the preliminary data conversion, with assistance from Tyler. Discrepancies will be reported to Tyler for evaluation and adjustments will be made to the conversion programs, if possible. Some issues may require the City to change or correct data in the legacy system prior to final conversion. • Tyler will perform additional data conversion tests with the adjusted conversion programs. • The City is responsible for reviewing and validating the adjustments made in the conversion tests and approving the conversion programs for use in the final conversion. • Tyler will perform a final data conversion to coincide with the beginning of live processing in the system ("go live")_ Each of the Tyler software applications that are eligible for data conversion is listed below. Each data type that can be converted for an application is also described, along with an indicator as to whether the conversion of that data type was included in the SOW. 2.5.1 Court Applications 2.5.1.1 Criminal Court Case Management This conversion process facilitates the transfer of court case history — including people, citations, warrants, and payment history — from the City's existing court case management system to the Incode Court Case Management application. Activities and assumptions: Page 22 of 41 53/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court • Tyler will work with the City to identify operational reports from the legacy system that provide control totals of the quantity and value of the records to be converted. The City will produce these operational reports to accompany each data extract from the legacy system. • Tyler will conduct a series of conversion workshops to guide the City through the review of the converted data. In these onsite workshops, the Tyler Implementation Consultants and Conversion Programmers will work with the City SMEs to reconcile the control totals between the operational reports from the legacy system and the System and also to review individual sample cases to identify any corrections to be made in the conversion programs. • Once the data has been extracted for the final conversion, Tyler recommends limiting access to the legacy system to read-only access to prevent changes to records that will not be reflected in the converted data. • Tyler will work with the City to establish a process for final conversion that will minimize downtime between the extraction of data from the legacy system and the conversion and final validation of the data in preparation for go - live on the System. Some processes may need to be performed manually during the final transition — especially if the City has departments that access the court system on a 24/7 basis. Data Type Included? Description Citation/Case Information YES Violation (offense) Information YES Fee/Fine/Cost Assessments YES Fee/Fine/Cost Payments YES Fee/Fine/Cost Non -Cash Credit YES Bond Information YES Warrant Information YES Officers YES Witnesses YES Defendants YE5 Offense Code Master YES Vehicles YES Attorneys YES Citation History YES Receipts YES The following exclusions apply to the Court Case Management conversion scope: • Tyler does not convert information into the Cash Collection application — this application will begin accumulating history information as the system "goes live" and payments are processed within Incode. The Cash Collection application keeps a record of register operators, drawer totals, and end of day balancing information. The information regarding payments applied towards cases is kept in the Court Case Management application. • Code files are also not included in the conversion — these are established as part of the base configuration of the application, and converted data is cross-referenced to the established codes. • Microsoft Word documents and templates will not be converted programmatically from the legacy system— these documents must be created in Microsoft Word and configured for use in the System. Page 23 of 41 54/84 Contract No. 2018-0146 EXHIBIT C System implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court • The court calendar will be reestablished in the System through the application and the converted data will be matched to the calendar through case status and other criteria. 2.6 Additional Services 2.6.1 Online Applications and Products Tyler's hosted applications provide public access to the City's System application information over the Internet. Tyler hosts the Web site and online components in a high availability co -location facility, and the data is made available through a secure API on the City's Incode application server. 2.6.1.1 Incode Online Component Setup The Citizen Portal is the main landing page for the City's hosted applications. Additional online components will be made available to the public from this site. Activities and assumptions: • Tyler will send the City documentation for the online components that includes a survey for the City to complete. • The City will return the survey and set up an ecommerce account with a Tyler approved credit card processor. • Tyler will install the required Insite components on the City's server based on the information given in the survey. • The City will open the required firewall ports, and Tyler will test the connection to the online components through the firewall. • Once the connection is successfully tested, Tyler will create a Web site on the hosting environment. 2.6.1.2 Court Online Component The Online Component includes a web presentation of the citizen's citation, collects a plea from the defendant, and can interface to credit card processors to create a payment record for the Court System. The defendant will pay a $2.50 to $3.50 fee per transaction for payment online. This fee is charged directly to the defendant as a separate charge line on their credit card statement and is paid directly to Tyler Technologies. In order for the City to receive payment for the credit card transactions from the portal, the city must either (1) establish a merchant account with ETS or (2) sign an agreement with Authorize.Net for gateway services that allows deposit of funds into an existing City merchant account (if one already exists). Both ETS and Authorize.Net charge fees to organizations for processing of credit cards. The fees are charged to cover the cost of processing the transaction through the U.S. banking system. If the City chooses to recoup this fee, there is an option in the INCODE Court Online Component to add a fee in addition to the fee discussed above, so the defendant pays both fees in addition to the violation cost. Activities and assumptions: • Tyler will provide training on the setup of the component. • The City is responsible for configuring the web service and offense code options that govern the types of cases and situations that are eligible for online payment. 2.6.2 Tyler Online Training Center 2.6.2.1 Tyler Online Training Center The Tyler Online Training Center (TOTC ) allows City's entire staff to have unlimited access to all training features. Whether City staff includes long-time INCODE users, new employees just learning the system, or a mix of both—the Training Center Page 24 of 41 55/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court ensures that every user receives the continuing training necessary to use the INCODE system in the most productive and efficient way possible. Activities and assumptions: • The City will provide a list of names and email addresses for all users of the Tyler software. • Tyler will create user accounts on the TOTC for each user on the list and email the credentials directly to the email addresses provided. 2.6.3 Technical Services 2.6.3.1 Application Availability Service Tyler's Application Availability Services include establishing a backup plan, monitoring your data, providing off-site data storage and in case of a disaster, guiding you through the data recovery process. Activities and assumptions: • Tyler will work with the Client's IT personnel to install the AAS components and establish a secure connection to the AAS hosting facility. For new implementations, this process will coincide with the timing of the first application suite to go -live. Page 25 of 41 56/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court Section 3. Project Timeline 3.1 Project Phases Tyler realizes that incorporating new business processes and software systems into an organization is a major change to be managed. Part of managing that change is establishing a reasonable pace at which the components can be implemented and understood and making sure that the project is correctly staffed to meet project deadlines. The implementation of each of Tyler's application suites can be pursued somewhat independently from the other suites, and Tyler will work with the City to establish a phased approach to implementing the suites while keeping an overall system perspective of how the components integrate and interrelate. As such, some of the phases of the lifecycle described below may be repeated for each application suite. 3.2 Project Lifecycle 3.2.1 Initiation The Initiation phase of the project begins with the signing of the Agreement and the assignment of the Tyler Project Manager. During this phase, initial information is collected for use in establishing the project plan through phone calls and surveys. Also, if data conversion is included in the project, an initial extract of the legacy data will be produced for review. The key deliverables of this phase are the completed project surveys, the order of any server/network hardware for production, test and training environments, and the delivery of the initial data extract. 3.2.2 Planning The Planning phase of the project begins with a Project Kickoff Meeting, which provides an overview of the implementation process to all of the stakeholders. This meeting initiates the whole implementation process by introducing the stakeholders to each other and laying the foundation for continuing communication and coordination. The Planning phase continues with an onsite review of the requirements for the solution with the project stakeholders. Tyler will review the City's documented policies and procedures to prepare recommendations for the configuration and operation of the solution. During the onsite review, Tyler will interview project stakeholders to verify the documented processes and discuss recommendations and alternatives for processing information in the Incode solution. During the Planning phase, each aspect of the project plan is discussed, established, and documented. This plan describes the scope of the project, as well as the associated schedule and budget. The project plan will also describe the processes that will be followed to implement the software and manage issues, changes, and risks along the way. The project will conform to City's project management methodology and change management and release management processes. The key deliverables of this phase are the completed Project Plan components — primarily the Project Schedule. 3.2.3 Installation The Installation phase includes setup and configuration of the Incode system hardware. This environment will be verified by Tyler before installation of the Incode software products and associated third party products. Tyler will provide the City with detailed information as to hardware requirements for network, space, electrical, and environmental (HVAC) requirements. The City will be responsible for preparing its data center to meet these requirements. The key deliverable of this phase is Software Installation Acceptance by the City — documented verification of the installation of the Incode software. 3./4 Preparation The Preparation phase includes a number of steps designed to ready the site, the software, and the stakeholders for the implementation of the Tyler software. These steps will vary depending on the products and services listed in the Agreement, but they usually include establishing a training environment, taking online courses through the Training Center, Page 26 of 41 57/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court establishing credit card processing accounts, preparing conversion programs, and other tasks that need to be completed before the Implementation Consultant arrives on site. 3.n.5 Configuration The Configuration phase is the beginning of the Implementation Consultant's on site work with the City. During this phase, the consultant will analyze the business processes and needs of the City and develop a plan for configuring the Incode system to facilitate those processes and meet those needs. The consultant will also explore alternate ways of processing information and discuss best practices that have been established from implementations at other Incode sites. As the Implementation Consultant determines the optimal configuration options for the City site. Consultant will train the City staff, and the City staff will begin setting up the codes, tables, and cross references in the system. The key deliverable of this phase is Configuration Acceptance — documented verification of the configuration of the Incode system to support the City's business processes and facilitate data conversion tests. 3.2.6 Conversion Since data is being transferred from the City's legacy system(s) into the Incode database, an initial full extract of the legacy system data should be provided as soon as possible for analysis by the Tyler Conversion Services department. At the beginning of this phase, a Conversion Plan will be drafted for the project. This plan will identify all of the tasks and resources required to convert data from the legacy system to the Incode solution. This plan will also describe the methodology used to map data fields and implement business rules to effectively translate the data from one system to another. This initial data will be used to map the legacy data fields and information into the Incode product format. Questions regarding the content or consistency of the data files will be forwarded to the City for clarification. The Conversion phase also includes the testing of the conversion programs and reconciliation of the imported data to the legacy system. Tyler will guide the City through the reconciliation process through on site tests and reviews of the converted data. The key deliverable of this phase is Conversion Acceptance — documented verification that development of the conversion programs is complete based on the data tables identified in the Agreement and the information provided in the accepted Conversion Plan. 3.2.7 Design Throughout the planning and execution of the project, City needs may be identified that require custom development of reports, interfaces, or program modifications. The Design and Development phases include the design, creation, and testing of these programs. These two phases are often repeated in an iterative process to further refine the functionality of the system. The Design phase begins with one or more Requirements Reviews to review the current and "to -be" workflow processes that the court desires to implement with the Incode solution. The goal of these sessions is to identify any additional features or functionality that the City requires from the Incode solution. These customizations will be introduced as changes to the project scope so that the need for the customization can be confirmed and any associated cost can be approved by the appropriate project stakeholders as described in this document under Scope Control — Change Management. Any customizations done under this SOW will become a part of the base Incode product for future support and sales. The key deliverable(s) of this phase is Design Acceptance — documented approval of the design documents that describe the custom reports, interfaces, or modifications to be created for the System. 3,2.g Development The Development phase includes the programming, demonstration, and deployment of the customizations that are included in this Agreement and others that may have been identified and approved in the Design phase. Tyler will create Page 27 of 41 58/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court the modifications and test them internally to verify proper functionality according to the design and compatibility with the remainder of the Incode system. Tyler will then demonstrate the customizations to the City before making any final revisions and deploying the customizations to the City's environment. The key deliverable(s) of this phase is Modification Acceptance — documented approval of the delivered custom reports, interfaces, or modifications according to the approved design documents or specifications. 12,9 Testing During the Testing phase, all of the components of the Incode solution will be evaluated to ensure their compliance with the requirements established in the Agreement and the development designs. For each module included Tyler will provide previously executed test plans and scripts to be used as a basis for customization to meet the City's needs At the beginning of this phase, a Testing Plan will be drafted for this project. Tyler will collaborate with the City to draft and finalize plans and procedures for testing the functionality of programs and interfaces with the processing of converted data. The key deliverable of this phase is Functional Acceptance which is referred to in the Agreement as the Date of Implementation to be followed by follows the completion of successful User Acceptance Testing — documented verification that the entire system functions in full compliance with the specifications and requirements using City data. 3.2.10 Training During the Training phase, the Implementation Consultant will provide comprehensive, hands on instruction on the operation and maintenance of each of the products in the Incode solution as described in this SOW. At the beginning of this phase, a Training Plan will be drafted for the project. This plan will detail the courses to be presented, the schedule of classes, and the required attendees. The key deliverable of this phase is Training Acceptance — documented verification of the successful completion and acceptance of the courses described in the accepted Training Plan. 3.2.11 Cutover and Go Live The Go Live process begins with the cutoff of processing in the legacy system(s) after Tyler receives Acceptance of the System from the City following UAT as set forth in the Agreement and continues with the final conversion of data into the live production environment. From there, the Implementation Consultant will guide the initiation of live processing within Incode by helping to resolve any issues that arise and providing additional training as needed. At the beginning of this phase, a Cutover Plan will be drafted for the project. This plan will detail the steps required — in hour by hour detail — to successfully transition from the legacy system to the new Tyler system with a minimum amount of impact on the business of the City. The key deliverable of this phase is Live Processing Acceptance by the City — documented verification of the setup, training, and live operation of the Incode software. 3.2.12 Final Implementation Support The Final Implementation Support phase consists of the delivery, testing, and training of software, hardware, or custom modifications that were not included in the "go live" scope. This phase often includes follow up training to be provided after the software has been in use for a period of time. Deliverables in this phase will follow the pattern of previous implementation phases — Development, Testing, Training, etc. — depending on the nature of the item. 3.2.13 Closing The Tyler PM will close each phase of the project by soliciting an acceptance of the delivered products and services from the City PM. Key deliverables have been identified for certain phases of the project life cycle. The City will confirm the receipt of the deliverable and verify the conformance of the deliverable to the project scope, at which time the project phase will be considered closed. Page 28 of 41 59/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court The implementation of each suite of Tyler software will culminate in a Transfer to Support conference call in which an Incode Customer Support Manager will discuss when and how to contact support and the Implementation Consultant will present any outstanding issues from the implementation to be addressed by Support personnel. The Tyler Project Manager will facilitate the Transfer to Tyler Maintenance and Support call and collect relevant project documents, including trip reports from the consultants and the current issue log. 3.3 Project Schedule Tyler has included a tentative Project Schedule that outlines an implementation approach with approximate timeframes. This document includes Tyler's expectations as to the division of responsibilities between Tyler and The City. Tyler will work with the City to establish a project schedule that details the activities required to deliver the products and services included in the Agreement and described in this SOW. Both Tyler and the City recognize that the eventual schedule will likely be affected by a number of factors, including interdependencies with other City projects, availability of court resources, procurement and installation of hardware and software, and perhaps even alternate approaches to testing, training, or other aspects of the project lifecycle. The detailed schedule will also be based upon other factors, including the budget, existing computer skills of the City's staff, existing familiarity with the Incode products of the City's staff, and the complexity of any data conversions. The full project schedule will be established upon discussion of these points, review of any data to be converted, and completion of the project initiation documents. The project schedule will be developed and maintained in Microsoft Project. This file will be updated by the Tyler Project Manager with progress information and approved changes to the schedule to coincide with the weekly Status Reports described in this document under Schedule Control — Status Reporting. Page 29 of 41 60/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court Section 4. Project Team 4.1 Project Organization 4.1.1 Project Organizational Chart Tyler expects the project organization to follow a structure similar to the diagram below: 1 TYLER I_ CLIENT — 1 Executive ffi utive Management Management TYLER lmplomentaaon Manager TYLER Project Manager Implementation Specialiste Conversion Analysts Implementation Consultants Conversion Programmers Development CLIENT Project Sponsor CLIENT Project Manager Subject Matter Experts (SME) Information Technology Trainers System Administrators End Users With this organization, Tyler typically requires the assignment of a primary point of contact at the City for all matters related to the project — a City Project Manager. This contact must be readily accessible to Tyler staff, and they should have authority to procure resources and schedule City staff activities related to the Implementation. A Steering Committee will be established by the City and will be operational at the commencement of the project. The steering committee will meet as needed, and it will be staffed with management who can resolve high profile issues. Tyler expects the steering committee to serve a role either as the Project Sponsor or as a resource for the Project Sponsor, so that issues and decisions can be escalated appropriately for resolution. 4.2 Tyler Roles and Responsibilities 4.2.1 Tyler Director of Implementation The Tyler Director of Implementation is responsible for the delivery of products and services for each product suite. The Director supervises the work of Tyler project managers and implementation consultants, and they serve as an escalation point for project concerns. 4.2.2 Tyler Project Manager The Tyler Implementation Director will assign a project manager to be the primary point of contact for the implementation project activities. In situations where more than one suite of applications is purchased, Tyler may assign a separate project manager to assist with each application suite and designate one project manager as the lead for the project. The project manager's responsibilities include the following: • Take over the account from sales as primary contact • Confirm the scope of the contract and the objectives of project and resolve any gaps • Establish an orderly plan for implementation of the software and delegate the tasks to the resources • identify risks to the plan and mitigate them Page 30 of 41 61/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court • Triage issues that interfere with the plan and assign resources to resolve them • Ensure that changes to the plan are endorsed by the right decision makers • Track the costs incurred to accomplish the plan and notify the decision makers of potential overages • Monitor progress toward the plan and communicate status to all of the stakeholders • Document tasks completed, issues resolved, decisions made, etc. for future reference • Usher the account into maintenance and support 4.2,3 Tyler Implementation Specialists The Tyler Project Manager will coordinate the efforts of one or more Implementation Specialists during the course of the project. These specialists install and configure the components of the Tyler software, and — in certain cases — they also train the City on the use or maintenance of the component. Based on the scope of the Agreement, their responsibilities may include the following: • Purchase, install, and configure contracted server and workstation hardware and software • Installation of third party hardware and software purchased through Tyler • Installation of Tyler software suites and components • Configuration of credit card processing services • Configuration and training of online components • Installation and configuration of interfaces 4.2.4 Tyler Implementation Consultants The Tyler Project Manager will assign one or more Implementation Consultants to perform the primary implementation work for the project. Most of this work will be performed at the City's site, but all time spent by the Implementation Consultant on the implementation is billable towards the project. Tyler Implementation Consultants are domain experts in each application area, and their responsibilities include the following: • Consult on optimal system configuration • Deliver hands-on training for Incode applications • Guide reconciliation of conversion data • Assist in system testing and parallels • Track and report site-specific issues 4.2.5 Tyler Conversion Analysts If the scope of the Agreement includes conversion of data from a legacy system, Tyler may assign one or more Conversion Analysts to assist in the reconciliation of the converted data. These analysts work remotely with the Implementation Consultants and Conversion Programmers, and their responsibilities include: • Verify balances and totals with the City's legacy reports • Compare the data presented in the Tyler system with corresponding screens in the legacy system • Collaborate with the City to analyze and resolve reconciliation issues • Provide feedback to the Tyler Conversion Programmer for adjustments to the conversion programs 4.x.1 Tyler Conversion Programmers If the Agreement includes the conversion of data from a legacy system, Tyler will assign one or more Conversion Programmers to create the conversion programs necessary to move the data into the Tyler system. These programmers work remotely in conjunction with the Implementation Consultants and Conversion Analysts, and their responsibilities include: • Verify the integrity of the initial data extract(s) to be used in the conversion • Create conversion programs based on the initial data extracts for use in conversion testing and go live • Provide exception reports from the conversion tests for review by Tyler and the City Page 31 of 41 62/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court Update the conversion programs according to guidance from the City and the Tyler Implementation Consultant and/or Conversion Analyst 4.2.2 Tyler Development If the Agreement includes customizations or modifications, one or more development teams will be responsible for creating those deliverables. Their responsibilities include: • Gathering requirements for the proposed development work • Documenting the design for the proposed work • Developing the customizations or modifications based on the approved designs • Assisting in testing the developed code 4.3 City Roles and Responsibilities 43.1 City Project Sponsor In order to maintain the momentum and purpose of the project described by this SOW, a project sponsor should be identified at the City site. Most often, these sponsors are named on the Agreement and their involvement carries on in an active investment in the success of the project. This individual will have ultimate "tie -breaking" authority regarding any disagreements as to function, etc. among the City staff. This individual will have final say regarding major changes of scope, timeline, or funding and will be the City's final arbitrator of disagreements with the Vendor. Other responsibilities include the following: • Act as the champion for the project • Monitor the overall status of the project • Identify and communicate organizational risks that may have an impact on the project • Initiate change management activities to encourage adoption and acceptance of the new system 4.3.2 City Project Manager Tyler requires the assignment of a primary point of contact at the City site for all matters related to the project. This contact must be readily accessible to Tyler staff, and they should have authority to procure resources and schedule staff activities related to the implementation. The responsibilities of the City PM are essentially the same as the Tyler PM, as the project managers on each side will work together to establish the plan and manage performance to it. Other responsibilities include the following: • Disseminate project information to the project team at the City's site • Manage the performance of the City's project team toward project tasks and homework • Coordinate the work of the City's third party vendors and partners • Facilitate installation of hardware/software and coordinate maintenance of those systems • Establish software training facilities and schedule personnel for training • Approve deliverables • Apply business process knowledge to implementation tasks • Monitor software training and attendance • Identify issues and customizations needed • Review invoices and approve payments in accordance with the deliverables provided • Monitor the status of risks that may have an impact on the project and assist as necessary in risk mitigation • Monitor project status to encourage adoption and acceptance of the new system • Monitor and approve change management activities Page 32 of 41 63/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court 4.3.3 City Subject Matter Experts The City PM should assemble a team of representatives from each department or function that will require interaction with the software. These supervisors and end users will be responsible for the following: • Participate in consulting meetings • Attend all relevant training sessions • Create system codes and accounts • Test system processing and output • Reconcile conversion results • Reconcile parallel processing results • Identify any issues as they arise 43,4 City Trainers The City PM should identify one or more supervisors or end users that will be responsible for training other users on the maintenance and operation of the system. Even if Tyler resources are providing all of the end user training during the implementation, the City will be responsible for training new employees after go live, and identifying these Trainers will encourage them to prepare themselves for that task. If the scope of the Agreement does include a "train the trainer" approach, then Tyler resources will train a limited number of users who will then be expected to train the remainder of the end users in the organization according to the project schedule. Under this approach, the Trainers are responsible for the following: • Attend all relevant training sessions • Create or modify training materials for use in end user training • Schedule and conduct end user training sessions • Track and report end user attendance and proficiency • Identify any issues as they arise 4.3.5 City Information Technology The City is responsible for securing the services of personnel that can assist in the installation, configuration, and maintenance of the required hardware, software, and network components. Depending on the scope of the Agreement, the City responsibilities can include the following: • Configure VPNs and remote access technology to manage access to the Tyler systems from outside the City's network • Extract data from the legacy system(s) for use in conversion to the Tyler system • Troubleshooting of network and workstation issues • Run and install LiveUpdate patches for Tyler suites • Load and test new releases of Tyler software 4.3.6 City System Administrators The City PM should identify one or more resources to serve as System Administrators for the Tyler system as a whole. Tyler resources will train the System Administrator to perform basic non-technical maintenance tasks within the application, including the following: • Code file maintenance • Business Rule configuration • Manage Print Previewer settings • Add/deactivate users and manage security settings Page 33 of 41 64/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court 4.3.7 City End Users End Users include anyone at the City site that will be expected to use the Tyler system. These End Users may have other roles in the implementation project, as well, but the basic responsibilities include the following: • Complete prerequisite training sessions on the Tyler Online Training Center • Attend all relevant training sessions Identify any issues as they arise 4.4 Responsibility Matrix The RACI Responsibility Matrix documents who in the organization are: • R — Responsible for creating the deliverable, • A — Accountable for the deliverable, • C — Consulted with about the deliverable (two-way communication), or • I — Informed about the deliverable (one-way communication). The organizational roles are abbreviated as follows: • PM — Project Manager • IC — Implementation Consultant(s) • FT— Functional Team Members • IT— Information Technology Responsibility Tyler City PM IC FT PM IT FT Initiation Complete City Surveys I 1 I A I R Activate Tyler Online Training Center R 1 I C I I Acquire Cashiering Hardware & Software A 1 R I I I Acquire INCode & INSite Software & Utilities A 1 R I I I Acquire Infrastructure Hardware/Software I 1 C A I R Acquire Conversion Data I 1 C A R I Project Planning Conduct Project Kick-off Meeting R C C C C C Conduct Requirements Review A R R C C C Develop Project Schedule and Plan R C C R C C Signed Acceptance of Project Schedule and Plan I I I R I I 1 Installation Page 34 of 41 65/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work • City of Corpus Christi ("City') for its Municipal Court Responsibility Tyler City PM IC FT PM IT FT Install Workstation Hardware/Software 1 I C A R 1 Place/Install Cashier & Court Room Hardware 1 1 C I A R Configure Cashier & Court Room Hardware A I R 1 C I Signed Acceptance of Software Installation 1 I I R 1 1 Preparation Conduct Court Orientation A R I C C C Complete Online Courses 1 1 1 A 1 R Establish Training Facilities 1 1 1 R 1 1 Establish Credit Card Accounts I 1 1 R 1 1 Develop Conversion Scripts for all Modules A C R C 1 1 Configuration Conduct Configuration Workshops A R 1 C C C Complete Configuration Teamwork 1 C 1 A I R Signed Acceptance of Software Configuration 1 1 1 R 1 1 Conversion Develop Conversion Plan R C C R C C Extract Legacy System Data 1 1 C A R I Conduct Data Conversion Workshops A R R C C C Review and Evaluate Data 1 C C R C R Signed Acceptance of Conversion Scripts 1 1 1 R 1 Design Create Design Documents A 1 R C 1 C Review Design Documents I 1 C R C R Signed Acceptance of Development Designs 1 I 1 R 1 I Development Develop Modifications A 1 I R 1 I I Page 35 of 41 66/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court Responsibility Tyler City PM IC FT PM IT FT Demonstrate Modifications A I R C I C Review and Evaluate Modifications I I C R C R Signed Acceptance of Modifications I I I R I I Testing Develop Test Plan R C C R C C Develop Test Plans and Cases A R C C I C Conduct Tests I, C 1 A C g Signed Acceptance of Testing 1 1 1 R 1 1 Training Develop Training Plan R C C R C C Conduct Train the Trainer Training A R I C 1 C Conduct End User Training I C I A 1 R Conduct Follow -Up Training A R I C 1 C Signed Acceptance of Implementation Training I I l R I 1 Go -Live Develop Cutover Plan R C C R C C Final Extract of Legacy System Data C I C A R 1 Conduct Final Data Conversion A R R C I I Initiate Production Processing (Go- Live) A R R A R R Monitor Live Processing & Resolve Issues A R C A C C Signed Acceptance of Live Processing 1 I I R I I Post Implementation Support Conduct Acceptance Testing I C I A C R Monitor Live Processing & Resolve Issues A R I C I C Signed Acceptance of System I I I R I I Closing Conduct Lessons Learned Session R C C R C C Page 36 of 41 67/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court 4.5 Project Contact List A comprehensive list of project team members and stakeholders will be maintained in a Project Contact List. An initial list of the management contacts for Tyler is provided below: Tyler Technologies Director of Implementation — Donna Martindale 800-646-2633 x5002 Donna.Martindale@tylertech.com Court/Public Safety Director of Implementation — Scott HeIle 720-497-8067 Scott.Helle@tylertech.com Document Management Conversion Manager — Cindy Mikkelson 605-323-2605 Cindy.mikkelson@tylertech.com Financials and Court Page 37 of 41 68/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court Section 5. Project Management Tyler subscribes to the concepts and standards of the Project Management Institute (www.pmi.org) and has translated those concepts into proven processes that have governed the successful implementation of our products in hundreds of installations, both small and large. 5.1 Schedule Control — Status Reporting Consistent communication of project performance will be anchored by a weekly Status Update conference call. These calls will commence shortly after project kickoff and continue throughout the course of the implementation project. The Tyler Project Manager will publish a Status Report and distribute it to the attendees prior to the conference call via email. The Status Report will follow the Incode Status Report template, highlighting recent project accomplishments, upcoming objectives, and outstanding issues that are impeding progress. During the Status Update call, the Status Report will be discussed, revised, and approved. Action items will be identified and assigned to one or more attendees to address. The approved Status Report — with action items — will be redistributed to the attendees within 24 hours of the call. 5.2 Quality Control — Issue Management Issues can be reported by any of the City's Functional Team Members to their supervisor or to the City Project Manager who will then discuss the issue with the Tyler Project Manager. In addition, Tyler Functional Team Members will notify the Tyler Project Manager of project issues as they arise. The Tyler Project Manager will research each issue and provide recommendations, if applicable, to the City Project Manager for resolution. The Tyler Project Manager will be responsible for assigning each issue to a Tyler Functional Team Member or to the City Project Manager and tracking the status of the issue to resolution. Issues that must be resolved by the City's Functional Team Members will be assigned to the City Project Manager for delegation. All project issues will be documented in the Project Issue Log. This log will be discussed during each Status Update call and revised as needed by the Tyler Project Manager. 5.3 Cost Control — Budget Management The budget for the project is the total amount approved by the Corpus Christi City Council and reflected as the Purchase Price for the System in the Agreement, including Maintenance. The Tyler Project Manager will track performance toward the budget in the Contract Estimate vs. Actual spreadsheet. This document will be updated monthly with project costs invoiced by Tyler and discussed with the City Project Manager each month to determine potential variances from the established budget. The budget will only be changed if the City requires additional products or services that are not reflected in the Agreement and any such change will require a formal amendment of the contract and additional monetary approvals as required by City Code. It is the responsibility of Tyler to provide the System as detailed in the Agreement with attached exhibits in accordance with the Purchase Price in the Agreement. 5.4 Scope Control — Change Management Requests to change the established project scope or schedule will be submitted to the Tyler Project Manager by the City Project Manager, and are subject to formal City approval. The Agreement cannot be changed or amended by a request from the City Project Manager. In addition, the Tyler Project Manager will be responsible for identifying potential changes to the project arising from City communications, issues, or risk events. The Tyler Project Manager will discuss these items with the City Project Manager and determine whether the issue will require an amendment of the Agreement. Any change that will increase the Purchase Price in the Agreement will require a written formal amendment of the Agreement. Page 38 of 41 69/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court The Tyler Project Manager will research the impact of each change request to the project schedule, scope, and budget and provide recommendations to the City Project Manager for review. All change requests will be documented in the Project Change Request Log. This log will be discussed during each Status Update call and revised as needed by the Tyler Project Manager. The City Project Manager will be responsible for establishing a process for reviewing change request recommendations with the appropriate stakeholders at the City site and third party vendors, if applicable. A resolution should be reported to the Tyler Project Manager within two weeks unless otherwise agreed upon. Resolution actions consist of approval, rejection, or postponement of the recommendation. 5.5 Risk Control — Risk Management Managing risk is one of the major processes of project governance. Risk management is a core discipline that assists managers at all levels to make correct and informed decisions. Risk management is a process for organized assessment and control of risks. It involves the identification, analysis and evaluation of the risks presented by the system being acquired and the activities to acquire it, and the development of cost- effective treatments for those risks. It applies to projects and programs of all sizes. The Tyler Project Manager will conduct an initial risk assessment based on information gathered during the Planning phase of the project. Potential risks will be identified through interviews with project stakeholders or documented in lessons learned from past projects. The Tyler Project Manager will research each risk and assign a Risk Factor based on its Probability of occurrence and potential Impact on the project. The Tyler Project Manager will provide recommendations to the City Project Manager for risk mitigation. Additional risks can be reported by any of the City's Functional Team Members to their supervisor or to the City Project Manager who will then discuss the risk with the Tyler Project Manager. In addition, Tyler Functional Team Members will notify the Tyler Project Manager of project risks as they arise. The Tyler Project Manager will assess risks as they are identified and provide recommendations to the City Project Manager for risk mitigation. The Tyler Project Manager will associate each risk that requires a mitigation plan to one or more project phases in which the risk could occur. A Trigger Event may also be identified for a documented risk — an event that, if it occurs, clearly indicates that the risk has presented itself in the project. Upon approval by the City, the project risks and the associated mitigation plans will be documented in the Project Risk Log. Each documented risk will have a Risk Owner — a project stakeholder that is responsible for monitoring the risk and any applicable Trigger Events to determine whether a risk event has occurred. The Risk Owner will be responsible for notifying the project stakeholders of the risk event and implementing the mitigation plan. Page 39 of 41 70/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court Section 6. References 6.1 Tyler Policies and Standards 6.1.1 Cancellations Tyler schedules implementation dates on a first-come, first-served basis. Implementation dates that are postponed will be rescheduled according to then -current availability for the assigned consultant. Tyler implementation schedules are developed well in advance of onsite implementation. This is required in order to build City schedules for planning purposes. Conflicts arise when City cancels or postpones implementation days. Tyler strongly recommends having a back-up employee available for implementation in the event the main contact becomes unavailable. This helps to mitigate the risk of cancelling training. If for any reason City needs to reschedule/cancel dates for training, please contact the project manager as soon as possible. 6,1.2 After -Hours Work Our implementation staff is scheduled to work regular business hours only. Off -hour implementation services can be requested with a 30 -day notice. We reserve the right to deny the request due to personnel availability. Tyler recognizes that the City operates court at night and on the weekend, and implementation services may need to be scheduled to assist during those timeframes. Tyler also recognizes that certain other project tasks - such as running conversion programs - may carry through past business hours. These off -hour assignments will be identified on the project schedule and agreed to by the Tyler and City project managers in advance. 6.1.3 Parallel Processing The City is not intending to engage in parallel processing. 6.1.4 Homework Many cities underestimate the time required on their side for a successful implementation. Throughout the implementation process many tasks must be completed. Most of these are data input or related jobs, which need to be completed before proceeding. These are often time-consuming tasks; it is more cost effective for the City if these tasks are completed between scheduled implementation days. In order to meet anticipated deadlines it is imperative that these "homework assignments" be completed on time and before the next relevant implementation day. Tyler Consultants will report delays to the City project manager and Tyler Project Manager. It is the responsibility of the City project manager to track that homework is being done as assigned. 6.1,5 Training Conducting training in an area free from interruption will allow for the most effective implementation possible. We highly recommend a designated area that allows the Consultant and trainee(s) space to organize any relevant documents, network access to the INCODE Products system, a working printer, a telephone, and a white board with markers. This allows a greater ability to focus on the task at hand and helps to ensure that real progress is made during each implementation/training session. If a separate room is not an option we suggest that the individuals involved in the implementation are not expected to fulfill their regular work responsibilities during the scheduled training. The goal is to keep interruptions at a minimum. Tyler requires at least one member from Management Staff attend every implementation/training session, or that they be available to answer all non -Tyler questions brought up during the implementation, at the end of each session. Requiring Management attendance also eliminates debate regarding whether the implementation day was effective. In the past, end users have told us that they are not ready to go live because they were not trained or not trained well. Management can only validate these statements if present at all training sessions. Page 40 of 41 71/84 Contract No. 2018-0146 EXHIBIT C System Implementation Statement of Work - City of Corpus Christi ("City") for its Municipal Court 6.1.6 Product Documentation Tyler will provide documentation for the software products in the form of training agendas and handouts as part of the implementation process. These materials will be tailored to reflect the configuration of the City's products, and they will be provided in Microsoft Word format so that the City can modify and reproduce them as needed for future training needs. Tyler expects the City to update the training documentation as desired to reflect future patches and releases, according to the release notes provided by Tyler. Tyler's Incode application documentation is online and includes both operator and administrative functions. Documentation is included for all release versions of lncode software and is updated as new versions of the software are released. The documentation includes a table of contents, index, key word search, and bookmark capabilities and is also available to users as context -sensitive Help. Tyler does not maintain or distribute this information in Microsoft Word format. Page 41 of 41 72/84 Contract No. 2018-0146 EXHIBIT C Exhibit 3 Tyler Business Travel Policy 1. Air Travel A. Reservations and Tickets The travel coordinator has been directed to provide travelers the lowest available airfare within two hours before or after the requested departure time (a.k.a. two-hour window). Employees are encouraged to make reservations far enough in advance to take full advantage of discount opportunities. B. Baggage Fees Fees for checking up to two pieces of baggage will be fully reimbursed, provided they are directly related to Tyler business. Baggage fees for sports equipment are not reimbursable. Ground Transportation A. Private Automobile Business use of an employee's private automobile will be reimbursed at the current IRS rate plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations. Employees who have been designated a home office should calculate miles from their home. B. Rental Car Employees are authorized to rent cars when cost, convenience and the specific situation require their use. The Company has selected specific providers as its primary rental car firms. Reservations must be made through the travel coordinator or online booking tool to ensure that we take full advantage of the contract. When renting a car for Company business, employees should decline the "collision damage waiver" and "personal accident insurance" on the rental agreement as the Company carries leased vehicle coverage for any employee leasing a vehicle for business purposes. Travelers should also decline the "fuel purchase option" and return the car with a full tank of gas. The Company will not reimburse for non-essential products and services such as GPS devices and Satellite Radio. C. Public Transportation Taxi or airport limousine services should be considered when traveling in and around cities or to and from airports. The Company will reimburse the actual fare plus a reasonable tip (15-18%). In the case of a free hotel shuttle to the airport, a $1 tip per bag is reimbursable. 3. Lodging The Company has selected specific providers as its preferred hotel vendors. Reservations must be made through the travel coordinator or online booking tool to ensure that we take full advantage of the contracts. Hotel chains that are well established, reasonable in price and conveniently located in relation to the traveler's work assignment should be selected. Typical hotel cost per night 73/84 Contract No. 2018-0146 EXHIBIT C should not exceed $100 per night before taxes. If the customer has a discount rate with a local hotel, please notify the travel coordinator as soon as possible to ensure that all employees can take advantage of the rate. 4. Meals Meals while on travel status are reimbursable per the rate published by the IRS at www.gsa.gov/perdiem_ The split for the per diem meals is: 15% Breakfast 25% Lunch b0% Dinner A. Overnight Travel Employees on overnight travel status are eligible to claim all three meals on their expense report except as follows: Departure Day Depart before 12:00 noon Depart after 12:00 noon Return Day lunch and dinner dinner Return before I2:00 noon breakfast Return between 12:00 noon & 8:00 p.m. breakfast and lunch Return after 7:00* p.m. breakfast, lunch and dinner *7:00 is defined as direct travel time and does not include time taken to stop for dinner B. Same Day Travel Employees traveling at least 2 hours to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 8:00* p.m. *8:00 is defined as direct travel time and does not include time taken to stop for dinner 5. Internet Access - Hotels and Airports Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If your hotel charges for internet access it is reimbursable up to S15.00 per day. Charges for Internet access at airports are not reimbursable. Effective April 1, 2012 74/84 Contract No. 2018-0146 EXHIBIT C EXHIBIT 4 INSURANCE REQUIREMENTS I. VENDOR'S LIABILITY INSURANCE A. Vendor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee, Contractor must not allow any subcontractor to commence work until alI similar insurance required of the subcontractor has been so obtained. B. Vendor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate Commercial General Liability including: 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned $1,000,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation r And Paragraph Ii Of This Exhibit. $500,000 / $500,000 / $500,000 C. In the event of accidents of any kind related to this project, Vendor shall furnish the Risk Manager with copies of alI reports of such accidents within ten (10) days of the accident. IIT ADDITIONAL REQUIREMENTS A. Vendor must obtain workers' compensation coverage through a Iicensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Vendor's financial integrity is of interest to the City; therefore, subject to Vendors right to 75/84 Contract No. 2018-0146 EXHIBIT C maintain reasonable deductibles in such amounts as are approved by the City, Vendor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Vendor'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. Vendor shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Vendor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Vendor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects 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 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. Vendor provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Vendor'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 Vendor'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 Vendor to discontinue sales/work hereunder, until Vendor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Vendor may be held responsible for payments of damages to persons or property resulting from Vendor's or its subcontractor's performance of the work covered under this agreement. 76/84 Contract No. 2018-0146 EXHIBIT C H. It is agreed that Vendor'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, with the exception of the workers' compensation policy. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2013 Municipal Court Purchase and Installation of Software --- ins. reqs. 122/2013 ds Risk Management 77/84 Contract No. 2018-0146 EXHIBIT C Exhibit 5 COMPANY WEB SERVICES - INTERNET BASED PRODUCTS SUBSCRIPTION AGREEMENT TERMS AND CONDITIONS THIS AGREEMENT is effective as of the date of acceptance set forth at the end hereof, and is by and between Tyler Technologies, Inc , hereinafter referred to as COMPANY and the City of Corpus Christi. Texas, hereinafter referred to as the "SUBSCRIBER" DEFINITIONS COMPANY Web Semices COMPANY Web Services are designed to enable SUBSCRIBER to easily establish a presence on the Internet, COMPANY Web Hosting and Design is composed of the COMPANY Web Hosting and Design Publishing Component and other miscellaneous components. These components may be used independently or in conjunction with each other COMPANY Court On -Line The COMPANY Court On -Line Component provides the ability for municipal court fines to be paid by credit card via the Internet. Since it was designed by COMPANY, this system interfaces seamlessly with COMPANY's InCourt Municipal Court System. AGREEMENTS 1) TERM. SUBSCRIBER must return an executed copy of this Agreement to COMPANY within 90 days from the issue dale Thereafter, the Agreement will be voided and is subject to change. Subject to the limitations of this Section 1. and unless otherwise provided for in this Agreement, the term of this Agreement shall commence as of the effective date and shall continue for three (3) years. The term shall thereafter be automatically extended in separate consecutive periods of twelve (12) months duration unless either party gives written notice to terminate Notice to terminate must provide at least sixty (60) day notice of said intent, In the event that the SUBSCRIBER fails to pay any amount payable 10 COMPANY hereunder when due.or fails to comply with any other provision of this Agreement, COMPANY may terminate the SUBSCRIBER'S nghts by wnttcn notice to that effect to the SUBSCRIBER. COMPANY may, by written notice to the SUBSCRIBER Terminate its obligations under this Agreement in the event that COMPANY, for whatever reason. ceases to host SUBSCRIBER's Web Site. A termination of the SUBSCRIBER's rights under this Agreement shall not terminate any of the parties' rights under this Agreement to receive or hold amounts rightfully owing to the respective party pursuant to the terms of this agreement or 10 enforce the intellectual and proprietary rights in the COMPANY concept web site. software and technology. Upon termination or non -renewal of this agreement, the parties shall each promptly account for all due but unpaid amounts hereunder 1f SUBSCRIBER wishes to terminate before the stated term expires SUBSCRIBER must give sixty (60) days written notice in order not to incur termination costs of 530000 Please also see section entitled 'TERMINATION" in this Agreement. 2) NATURE OF WEB SITE. COMPANY shall maintain a web site accessible over the Internet, for SUBSCRIBER This web site shall contain both static information pages, non -static interactive pages as well as payment function pages The web site shall allow a citizen with Internet access to view relevant data provided by SUBSCRIBER, This data may include certain data elements from SUBSCRIBER's Tyler Software System This web site shall be equipped 10 accept payment of amounts owed to SUBSCRIBER. via Secured Socket Layer (SSL) encryption and credit card or debit card charge 3) DATA PROCUREMENT. COMPANY must host the components and services listed in the Investment Summary of this Agreement The SUBSCRIBER will be required to .nip a merchant account with Electronic Transaction System Corporation or authonzed net for the sole use of COMPANY Web Service transactions The merchant account muss be setup to fund to the SUBSCRIBLR bank account Ali fees for the merchant account will be paid by SUBSCRIBER SUBSCRIBER will be required to install and run Tyler Web Services in order for the COMPANY On -Line application to access and transfer the necessary data from the SUBSCRIBER's primary software system, to COMPANY's web server The transfer will occur on real lime basis Additionally. certain information, such as payment information, must be conveyed to SUBSCRIBER COMPANY will assume responsibility for transferring such information back to SUBSCRIBER on a regular basis Tyler Web Services requires a dedicated 1P address Assignment of dedicated IP address is the sole responsibility of SUBSCRIBER. 4) LICENSED SOFTWARE OWNERSHIP. SUBSCRIBER agrees that COMPANY possesses exclusive title to and ownership of the COMPANY Software a SUBSCRIBER agrees that SUBSCRIBER acquires neither ownership nor any other interest in the COMPANY Software, except for the right to use and possess the COMPANY Software in accordance with the terms and conditions of this Agreement b All rights not expressly granted to SUBSCRIBER in this Agreement are retained by COMPANY c SUBSCRIBER agrees that COMPANY Software including. but not limited to, systems designs, programs in source andior object code format., applications, techniques. ideas, and/or know-how utilized and/or developed by COMPANY are and shall remain the exclusive property of COMPANY SUBSCRIBER agrees that the COMPANY Software consists of COMPANY's trade secrets COMPANY shall retain all copyrights in the COMPANY Software, whetherpublished or unpublished d. COMPANY agrees that all data provided In COMPANY for the purposes of generating the web site shall remain the property of SUBSCRIBER Should SUBSCRIBER terminate the Internet Services in good 78/84 Contract No. 2018-0146 EXHIBIT C COMPANY WEB SERVICES - INTERNET BASED PRODUCTS SUBSCRIPTION AGREEMENT TERMS AND CONDITIONS standing and in accordance with the termination provisions of this Agreement, COMPANY agrees to return to SUBSCRIBER, all graphics, text documents, and data files held by COMPANY 5) SUBSCRIBER MEMBERSHIP FEES. For establishing new COMPANY Web Services, the SUBSCRIBER shall pay to COMPANY the amounts as staled in the Investment Summary 6) INSITE FEES. COMPANY may increase the INSITE per -transaction fee for online payment no more than once per year with prior written notice, 7) NOT ASSIGNABLE. The rights of the SUBSCRIBER under this Agreement are not assignable without the prior written consent of COMPANY. Any attempt to sublicense, assign, encumber or transfer any of the rights, duties or obligations under this Agreement by the SUBSCRIBER is void Subject to the foregoing this Agreement shall be binding upon and shall inure to the benefit of the panics hereto and their respective permitted assigns and successors 8) SOFTWARE MAINTENANCE. This SUBSCRIPTION AGREEMENT includes unlimited telephone support, support by communication modern, and all software upgrades, enhancements and new releases COMPANY reserves the right to change the functionality of future releases of its software and SUBSCRIBER understands that COMPANY is not obligated to include specific functionality in future releases unless provided for herein. 9) PARTIAL INVALIDITY. Should any provision or clause of this Agreement be held to be invalid, such invalidity shall not affect any other provision or clause hereof, which can be given effect without such invalid provision or clause. 10) RESPONSIBILITY OF DATA. COMPANY will assume responsibility for all data transfer but not responsible for data accuracy. 11) SITE REQUIREMENTS. a. SUBSCRIBER shall maintain a high speed interne! connection (1 5mbps download AND 512kbps upload) with a static IP address and must be able to provide COMPANY with IP connection to SUBSCRIBER's network through Citrix GotoAssist, VPN, Citrix, or Microsoft Terminal Services COMPANY shall use the connection to assist with problem diagnosis and resolution COMPANY is not responsible for purchase of VPN client software license or configuration of SUBSCRIBER's firewall settings. No wireless Internet connections allowed. b. COMPANY shall provide SUBSCRIBER with remote support through the use of secure connection over the Internet connection via Citrix GotoAssist If SUBSCRIBER will not allow access through GotoAssist COMPANY cannot guarantee support standards will be met 12) PROPRIETARY INFORMATION. a Distribution of COMPANY Software SUBSCRIBER may not sell, assign, transfer, disclose, or othens Ise make available, either directly or indirectly, any object code. documentation or other material relating to the Software, in whole or in part. or any copy of the same in any form, to any other person or entity b Software as Trade Secret. SUBSCRIBER shall maintain the confidentiality of the Software and unless specifically authorized by COMPANY or except for ordinary and necessary backup purposes, SUBSCRIBER may not make or have made any copies of the Software or any part thereof SUBSCRIBER shall include COMPANY'S proprietary notice or other legend on any copies made by SUBSCRIBER as permitted hereunder 13) YtARRANTY, DISCLAIMER, LIMITATION ON LIABILITY. COMPANY warrants that the Software will substantially conform to current specifications delivered by COMPANY to SUBSCRIBER pursuant to this Agreement. including COMPANY's response to the Request for Proposal for six (6) months following installation. provided, however. that COMPANY's warranty hereunder shall nal cover or apply to any software or part thereof that is not developed or designed by COMPANY. In the event that the Software is found to be defective in such respect and SUBSCRIBER notifies COMPANY in writing within six (6) months after its receipt of the Software of any substantial non -conformity of the Software with such specifications, COMPANY's sole obligation under this warranty is to remedy such defect within a reasonable time THE FOREGOING WARRANTY IS EXCLUSIVE AND IS MADE IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, WI-IETHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE COMPANY SHALL IN NO EVENT BE LIABLE FOR DAMAGES THAT EXCEED THE AMOUNT OF THE CHARGES PAID BY SUBSCRIBER HEREUNDER FOR THE DEVELOPMENT AND LICENSE OF THE SOFTWARE IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL„ EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, REVENUES OR DATA. EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 79/84 Contract No. 2018-0146 EXHIBIT C COMPANY WEB SERVICES - INTERNET BASED PRODUCTS SUBSCRIPTION AGREEMENT TERMS AND CONDITIONS 14) MOLD HARMLESS. SUBSCRIBER agrees that, to the extent permitted under applicable law, it will hold COMPANY harmless against any claims, damages. liabilities, costs and expenses, including reasonable attorneys' fees, arising out of or relating to a. SUBSCRIBER's failure to implement any corrections, improvements and new releases relating to the Software, or any pari thereof, b, SUBSCRIBER's unauthorized alterations to or use of the Software, or c. SUBSCRIBER's breach of any of its obligations to maintain the confidentiality of the Software or SUBSCRIBER's unauthorized copying thereof. 15) TERN1INATION. This Agreement or any license referenced hereunder may be terminated by COMPANY upon written notice to SUBSCRIBER if SUBSCRIBER performs any breach of the terms of this Agreement At the date of termination of this Agreement, SUBSCRIBER shall promptly return to COMPANY any Software, related documentation, materials and other property of COMPANY then in its possession, and any copies thereof wherever located. Notwithstanding the foregoing, all provisions hereof relating to confidentiality of the Software shall survive the termination of this Agreement 16) GENERAL. a. This Agreement shall be governed by the laws of SUBSCRIBER's state of domicile and constitutes the entire Agreement between the parties hereto with respect to the Software described herein. and shall supersede all previous or contemporaneous negotiations, commitments and writings with respect to the matters set forth herein, h. All acceptances by COMPANY of purchase orders and all sales by COMPANY arc expressly limited to and made on the basis of the terms and conditions set forth herein, notwithstanding receipt or acknowledgment of SUBSCRIBER's order forms or specifications containing additional or different provisions, or conflicting oral representations by an agent, representative or employee of COMPANY Any such additional or different terms are hereby objected to. All acceptances by COMPANY are expressly conditional on SUBSCRIBER's assent to the additional or different terms and conditions set forth in this Agreement If these terms and conditions arc not acceptable, SUBSCRIBER should notify COMPANY at once Tyler Technologies, Inc By Date 80/84 Date Contract No. 2018-0146 Purpose EXHIBIT C Exhibit 6 The Data Conversion Process One of the most difficult aspects of software transition revolves around data conversion. This process takes place in one of two ways: I. The manual method - In the manual mode the Client enters data from the existing system into the new Tyler system. 1. The automated method - In the automated mode a software program is written or coded in order to facilitate moving information from the existing system to the new Tyler system. This document is provided to aid the Client in understanding the automated conversion process and to provide clear direction as to the responsibility and the scope of the process. Who should read this document? The obvious answer to this question is the individual at the Client site that is most responsible for the transition. Specifically, it should be: I. The individual responsible for extracting and providing data from the old system to the Tyler system. 2. Any individuals responsible at a department level. 3. Any individual that would benefit from understanding the conversion process The Conversion Process The process itself has a predefined set of steps that must take place for a successful conversion: I . Initial data extraction - The Client must perform the preliminary extraction and transmission of data. Data Evaluation - Tyler will then be responsible for evaluating the information that has been transmitted. Upon a successful evaluation, the Client will be contacted for further scheduling. 3. Conversion scheduling - Once a schedule has been decided upon, Tyler will proceed in development of the conversion programs. During the development step, the Client will be responsible for providing knowledge and insight into the information from its current system. 4. On -Site Conversion - Upon Tyler's arrival at the Client's site for the conversion, the Client will be responsible for a final extraction of the data. In most situations the Client will not have to transmit the final extraction to Tyler. The Tyler trainer on site will assist the Client in preliminary Tyler application setup that is required for the conversion as well as execute the conversion programs and assist in the verification of the converted information's integrity. Even though the Tyler trainers possess a great deal of knowledge in the area of conversion, it is ultimately the Client's responsibility to validate any converted data. The sections that follow clearly outline and describe each of the above steps. 81/84 Contract No. 2018-0146 EXHIBIT C Data Extraction and Transmission of Data The Client must supply data in ASCII file format with unpacked data fields. The ASCII (pronounced as AS -key) is an abbreviation that represents the American Standard Code for Information Interchange. This standard was established in 1967 and still represents one of the most important standards in the computer industry. Vendors also use compression techniques in their data structures to pack numeric fields and dates. Since these techniques are not standard and vary from vendor to vendor, we are unable to process this information. In the simplest of terms, the Client's data that is transmitted to the Tyler system should be legible in a standard text processing program such as Windows textpad or wordpad. The characters that you view on screen should be the same characters that are on your computer keyboard. File Descriptions and layout The Client must supply sufficient file descriptions and layout information for the data. Sometimes file descriptions will be referenced as data definitions. Normally data files have one row after another. Each row represents a record or grouping of information. As an example, a vendor file would normally have a row for each vendor in the system. The rows then have to be broken down further into columns or fields. An example of a field in the vendor file could be vendor name. The file description provides the information needed to know exactly what position each field starts and stops in each row. In all cases, file descriptions are absolutely necessary for any type of conversion. Media Type Unless the Client's existing system has a unix operating system, the most desirable media to transmit the data would be a cd. In situations where a writable cd is not available, the Client can submit the information on a zip disk or 4mm tape. If a 4mm tape is used then the Client should transfer the information to the tape using the standard Windows backup software. The Client may also submit the data via email when the Client has a compression utility such as winzip and a fast and reliable internet connection. When the Client's existing system has a unix operating system, the Client may use any of the methods mentioned above with the additional transmittal method of a 4mm tape with the maximum capacity of4gb or a't< inch tape with the maximum capacity of Igb. The Client should include the Data Transmission Form with the media. If the Client is using email to transmit the data, include the information from the Data Transmittal Form in the email as text or an attachment. In situation where none of the above options are available to the Client, arrangements should be made with Tyler as to viable alternatives. These alternatives may involve additional fees. There are certain vendors that Tyler has had considerable conversion experience and has developed processes to extract the information from their proprietary data files. Other vendors store their data in Microsoft Access or Microsoft SQL Server database. It is possible in these situations that the Client can provide their existing data files in their current state without data extraction. In this scenario the Client would only be responsible for providing a backup of their current data. The first data extraction is for the sole purpose of developing the conversion software. This extraction should contain all the tables or files that are to be converted along with the appropriate record layouts. An incomplete extraction can produce time delays and undesirable results during the actual conversion. Final Data Extraction The final data extraction will be performed on the day of or a day very close to the final conversion. This extraction will be coordinated with Tyler's conversion personnel and implementation coordinator. 82/84 Contract No. 2018-0146 EXHIBIT C Data Extraction Assistance In almost all instances the Client owns its data, but the current software provider's file descriptions will be considered proprietary information. There will be scenarios where the software provider will not provide file descriptions or will provide the descriptions for a fee. Any fees required by the vendor are the responsibility of the Client and are not included in the contract. In many situations the data will have proprietary fields with no easy solution for extraction. Tyler's years of experience with data conversions has lead to many innovative techniques for data extraction. When the Client has exhausted its available options, Tyler can assist with the data extraction for additional fees. The Client will have the responsibility of contacting their sales representative for a quote for additional services. Upon receipt of a purchase order from the Client, Tyler will proceed with this assistance. Conversion Scheduling Once Tyler has received the data from the Client a three stage evaluation process will be implemented. Media will be evaluated as to its readability. Each data file transmitted will be reviewed as to its format, file description, and estimated complexity. When these two stages have been successfully completed, Tyler's implementation coordinator will schedule with the Client a time for the data conversion, conversion assistance, and training. The third stage of the evaluation is more detailed and will follow in approximately 3 weeks. During this stage the data will be evaluated for its completeness, validity, and mandatory fields needed in the conversion. If problems arise during this process, Tyler will communicate to the Client the problems. The Client will be responsible for resolving the problems in a timely a manner as possible so that the schedule is not affected. If no problems arise then the Client can assume that Tyler is on schedule. Timing is an important element during a data conversion. Scheduling of the conversion will revolve around the most advantageous cutoff dates. For example, if a Client bills their utility customers at the end of each month, the best time to do the conversion would be during the last two weeks of the month. Financial conversions will be easier to validate if performed after a period has been closed. All of these elements will be discussed by the implementation coordinator with the Client during scheduling. Conversion Program Development After Tyler receives and validates the Client's data, the development of the conversion program will begin. During the development process, questions about the Client's current data or application may be raised. The Client is responsible for providing contact information for staff member(s) that are capable of responding to questions for each module being converted. It is important for the Client to understand that Tyler has a minimal amount of experience with the Client's current application. Questions raised by Tyler will be the result of analyzing data. There are a significant number of times when the data being analyzed does not correspond with the information that the Client views on the screen in their current application. Providing staff members that have an in depth knowledge of the Client's current application is a key element of a successful conversion. Part of the development process will be testing the program with the data provided in the first extraction. This testing will take place at Tyler's facilities. Any potential problem areas will be communicated to the Client. Conversion Assistance As part of the contract, a Tyler trainer will be at the Client location during the actual conversion. The trainer will 83/84 Contract No. 2018-0146 EXHIBIT C provide conversion assistance in the areas of preliminary setup, conversion program execution and data validation. Even though the primary focus of the trainer is a successful completion of the conversion process, the trainer will be providing a limited amount of training in certain areas. In a majority of cases, the trainer responsible for the conversion assistance will also be responsible for the training that will occur either before or after the conversion. It is important to note that the trainer will not be the programmer responsible for the creating or modifying conversion program. The trainer will be responsible for conveying to the programmer discovery of Client specific information before the final conversion and any mistakes found after the conversion. The Client will need to facilitate the trainer by providing a comfortable place to work, access to facilities before and after normal work hours and telephone communications. Data Validation The final step in the conversion process is the data validation. Much attention will be given to data integrity during the testing phase by the program developers. The conversion assistant will also spend time testing the integrity of the information. Balances and the output of processes will be tested after the conversion. A visual inspection of different modules will be performed by choosing different records on a random base. But data validation is ultimately the responsibility of the Client. Conclusion After over 20 years and several hundred conversion experiences, Tyler has determined that there are several key factors in a successful conversion. The Client needs to have a realistic expectation of what is going to happen. The Client must understand that there are no pleasant conversions; therefore a successful conversion is one that provides the least amount of displacement and discomfort. More than likely, the Client will have to change their schedules and prepare for a heavier work load during the conversion. The Client has to realize that the data on the system being converted is exactly how the data will be on the new system. The conversion process does not clean up or correct any information during the conversion process. The old adage "garbage in, garbage out" is very relevant during the conversion process. One example would be a general ledger conversion where the current system's ledger is out of balance. After the conversion, the Tyler general ledger will be out of balance. And finally, to have a successful conversion, there must be a team approach by all those involved. 84/84 AGENDA MEMORANDUM Future item for the North Padre Island Development Corporation Meeting of February 12, 2019 Action item for the North Padre Island Development Corporation Meeting of February 19, 2019 DATE: February 1', 2019 TO: Keith Selman, Interim City Manager FROM: Grayson Meyer, Interim Business Liaison GraysonM@cctexas.com 361-826-3842 Special North Padre Island Development Corporation Meeting CAPTION: Special meeting of the North Padre Island Development Corporation. PURPOSE: This is a special meeting of the North Padre Island Development Corporation. BACKGROUND AND FINDINGS: Items for this meeting include: - August 21st ,2018 Meeting Minutes for approval - Treasurer's report - Motion approving expenditures as laid out in Exhibit H to the revised Project and Financing Plan for the Tax Increment Reinvestment Zone #2. - Resolution setting the Corporation's annual meeting. ALTERNATIVES: Do Not Approve These Items OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: TIRZ #2 Board Island Strategic Action Committee "ISAC" 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: NA RECOMMENDATION: Approve these Items. LIST OF SUPPORTING DOCUMENTS: Meeting Agenda Minutes Treasurers Report Exhibit H of the Revised TIRZ 2 Project and Financing Plan Resolution setting the Corporation's annual meeting AGENDA NORTH PADRE ISLAND DEVELOPMENT CORPORATION SPECIAL MEETING Date: Tuesday, February 19, 2019 Time: During the meeting of the City Council beginning at 11:30 a.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street Corpus Christi, Texas 78401 1. Call meeting to order. Secretary Rebecca Huerta calls roll. Board of Directors Greg Smith, President Joe McComb, Vice President Gil Hernandez Rudy Garza Michael Hunter Ben Molina Roland Barrera Paulette Guajardo Everett Roy Officers Keith Selman, Executive Director Rebecca Huerta, Secretary Paul Pierce, Assistant Secretary Constance P. Sanchez, Treasurer Judy Villalon, Assistant Treasurer 2. Public Comment 3. Approval of minutes from the board meeting held on August 21st, 2018. 4. Treasurer's report. 5. Motion approving expenditures as laid out in Exhibit H to the revised Project and Financing Plan for the Tax Increment Reinvestment Zone #2. 6. Resolution setting the Corporation's annual meeting. 7. Adjourn NORTH PADRE ISLAND DEVELOPMENT CORPORATION CITY HALL — COUNCIL CHAMBERS 1201 LEOPARD TUESDAY, AUGUST 21, 2018 DURING THE CITY COUNCIL MEETING BEGINNING AT 11:30 A.M. PRESENT MEMBERS Greg Smith, President Joe McComb, Vice President Lucy Rubio Rudy Garza Michael Hunter Ben Molina Paulette Guajardo Debbie Lindsey -Opel Everett Roy STAFF Keith Selman, Executive Director Rebecca L. Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Judy VillaIon, Asst. Treasurer 1. Call meeting to order — President Smith called the meeting to order at 4:15 p.m. Secretary Rebecca L. Huerta called the roll and verified that the necessary quorum of the board and the required officers were present to conduct the meeting. 2. Election of Officers — Mr. Molina made a motion to reappoint President Greg Smith, Vice President Joe McComb, Executive Director Keith Selman, Secretary Rebecca Huerta, Assistant Secretary Paul Pierce, Treasurer Constance P. Sanchez, and Assistant Treasurer Judy Villalon, seconded by Mr. Garza and passed unanimously. 3. Approve minutes from the Board meeting on December 19, 2017 — Mr. Hunter made a motion to approve the minutes, seconded by Ms. Lindsey -Opel and passed unanimously. 4. Treasurer's Report — Treasurer Constance P. Sanchez provided the treasurer's report ending June 30, 2018 including: total assets, revenues, expenditures and fund balance. 5. Motion approving an agreement with the City of Corpus Christi for investment of the Corporation's funds. — Treasurer Constance P. Sanchez stated that the purpose of this item is to approve an agreement between the North Padre Island Development Corporation and the City of Corpus Christi authorizing the City's investment officers to be the Corporation's investment officers. The term of the agreement is through September 30, 2019 and will automatically renew for successive one- year terms. Ms. Guajardo made a motion to approve Item 5, seconded by Ms. Lindsey -Opel and passed unanimously. 6. Resolution adopting the new Investment Policy and Investment Strategy for the North Padre Island Development Corporation — Treasurer Constance P. Sanchez stated that the purpose of this item is to adopt a new Investment Policy and Investment Strategy for the North Padre Island Development Corporation. The Public Investment Policy requires that the Board approve the Investment Policy annually. 1 Ms. Lindsey -Opel made a motion to approve Item 6, seconded by Mr. Molina and passed unanimously. 7. Motion approving a resolution for participating in TexPool. — Treasurer Constance P. Sanchez stated that the purpose of this item is to amend a resolution for participation in TexPool. The Bank of New York changed the representatives that were approved last year, and the new resolution includes the updated names. Ms. Lindsey -Opel made a motion to approve Item 7, seconded by Mr. Garza and passed unanimously. 8. Motion approving the fiscal year 2018-2019 TIRZ #2 budget. — Capital Improvements Program Manager Kamil Taras stated that the purpose of this item is to amend the fiscal year 2018-2019 TIRZ # 2 budget by $50,000 to fund a feasibility study regarding the potential renewal of TIRZ # 2. Ms. Lindsey -Opel made a motion to amend the fiscal year 2018-2019 TIRZ # 2 budget as stated, seconded by Mr. Molina and passed unanimously. Ms. Lindsey -Opel made a motion to approve the fiscal year 2018-2019 TIRZ # 2 budget as amended, seconded by Mr. Molina and passed unanimously. 9. Public Comment. — None. 10. Adjournment — The meeting was adjourned at 4:25 p.m. 2 Income Statement For the three Months Ended December 31, 2018 Revenues Taxes and business fees $ 1,782,950 Earnings on investments 70,591 Total revenues 1,853,541 Expenditures Community Development 6,525 Excess of revenues and other financing sources over expenditures and other uses 1,847,016 Fund balance at beginning of year 11,975,490 Fund balance at December 31, 2018 $ 13,822,506 Balance in Capital Improvement Fund (Fund 3278) $ 1,145,769 North Padre Island Development Corporation Balance Sheet December 31, 2018 ASSETS Cash, cash equivalents and investments $ 13,822,491 Receivables Accrued Interest 15 Net receivables 15 Total assets 13,822,506 LIABILITIES AND FUND BALANCES North Padre Island Development 13,822,506 Total fund balance 13,822,506 Total liabilities and fund balances $ 13,822,506 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL January 22, 2019 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 1 Packery Channel South Parking Lot Improvements This project consisted of the demolition of existing facilities, construction of approximately 11,500 square yards of new flexible pavement, parking lot, two concrete driveways, minor water and wastewater improvements, landscaping improvements, lighting improvements, and concrete pedestrian ramp. $640,447 Completed March 2006 Projects Include: Packery Channel Monitoring FY 2008-2009 Complete Packery Channel Monitoring FY 2009-2010 Complete Packery Channel Monitoring FY 2010-2011 Complete 2 Packery Channel South Parking Lot, Landscaping Phase 2 This project consisted landscaping and irrigation improvements to the newly constructed 300 -space parking area including the construction of new planting islands with mexican fan palms, sea grape trees, decorative rock and irrigation. $145,461 Completed March 2008 3 Packery Channel Boat Ramp Parking Lot / Access Road This project consisted of the construction of approximately 17,000 square yards of HMAC flexible pavement parking facility adjacent to the existing Packery Channel Boat Ramp; construction of an access road and related signage and pavement markings, and the installation of 1,000 square yards concrete reinforced pavement adjacent to boat ramp, concrete bollards; minor drainage improvements; 3,500 linear feet of electrical conduits; and minor landscaping. $1,053,176 total project cost. $549,216 from TIRZ #2 Completed July 2009 4 Packery Channel Boat Ramp Dredging This project consisted of dredging approximately 17,800 cy of the Packery Channel Boat Ramp and adjacent area. The work included environmental control measures to prevent erosion and allow for discharge of water from the dredging operations to discharge into the surf of the Gulf of Mexico. Minor amount of stone were installed at the boat ramp to enhance shoreline protection. $431,377 Completed April 2010 5 Packery Channel South Parking Lot Restroom (Phase 1) This project included the construction of restroom facilities at the South Parking Lot at the beach seawall on Windward Drive. The project included separate men and women facilities to with showers, toilets, changing stations, outdoor seating area, and native landscaping. $460,743 Completed July 2010 6 Packery Channel Parking Lot and Overlooks (Phase 2) This project consisted of improvements along the north and south sides of Packery Channel including seven overlook structures, parking lot, access road, pedestrian walkways, storm water structures lighted bollards with electrical receptacles, lighting, landscaping, concrete benches and repairs to shoreline structures. $2 869 224 Completed March 2012 7 Packery Channel Aids to Navigation / Signage This project consisted of lighting improvements to Packery Channel as required for safety and security along with signage to mark no wake zones. Per ISAC, additional funds needed to replace signs following Hurricane Harvey. $64,500 Completed December 2012 7a Packery Channel Aids to Navigation / Signage - Hurricane Harvey Repairs Per ISAC, additional funds needed to replace signs completed in Project 7 following Hurricane Harvey. Revised 2/20/18 $65,000 $7,166 Estimated Completion Feb. 2019 page 1 of 3 1/18/2019 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL January 22, 2019 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 8 Packery Channel Restroom Facilities (Phase 3) This project consists of the purchase and installation of a mobile restroom on the north side of the Packery Channel and adjacent parking lot. The project also includes turn-around and connector to Zahn Road. A mobile trailor restroom on the south side of Packery Channel with wastewater lift station and wastewater 2-inch force main (approximately 2,500 linear feet long) is also being planned. Priority Item. P&R recommends self contained, solar powered mobile units to be placed at Packery Channel Parking Lot, end of Zahn Road and on South side of PC (at a location yet to be determined) Build and Install portable restroom shelters to hold portable restroom units at various locations. Build and Install Portable Shower units on the North and South side of Packery Channel. Board approval of 4 portable restroom facilities at $65,000 each plus 20% contingency and shower facilities at $100,000 total. Revised 2/13/2018 $412,000 $402,000 Solar Powered Units: Complete. Showers: Partial Water line installed Spring '18. In process of coordinating with GLO. 9 Packery Channel Ramps to Jetties (Phase 4) This project includes ADA beach access on the north side and the south side or the channel to provide access from the beach to the restroom, lookouts and parking lots. This project will include the ADA approved mobi-mats on the north side and the south side of Packery Channel to provide access from the beach to the restrooms, lookouts and parking lots. This project was designed as part of the Phase 2 project for parking and overlooks. Priority ITem: P&R recommends a new design for structures since the GLO will not approve construction of parking lots on the beach. For Mobi-Mats per ISAC recommendation. Revised 2/20/18 $35,000 $8,979 Complete 10 Packery Channel Dredging and Beach Nourishment - 2012 The project consisted of dredging approximately 264,300 cubic yards of beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline to the south of Packery Channel, and 15,000 cubic yards of sand from the north to south end of the N. Padre Island Seawall. Dredging schedule to be determined by results of annual study of channel. $1,820,843 Last Completed March 2012 10a Packery Channel Dredging and Beach Nourishment - 2020 The project consisted of dredging beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline. Dredging schedule to be determined by results of annual study of channel. $350,000 Amending project plan today for dredging estimated winter 2020. In permitting process. Waiting to hear from USAGE. 11 Packery Channel Pavilion (Phase 5) This project includes the pavilion expansion adjacent to the north side restroom or north side boat launch. This will allow the deck area around the restroom and some sitting areas for visitors. Design will begin in FY 2016 and construction will follow in FY 2017 dependent upon available funding. P&R recommends further discussion on this item to determine if another amenity would better suit the area. ISAC recommends Pavillion staged at the boat ramp parking lot as well as pavillion like structure on north and south side of the jetty. Revised 2/20/18 $250,000 Estimated completion: Fall 2019. At 90% Design page 2 of 3 1/18/2019 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL January 22, 2019 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 12 This includes 301x 60' building, 201x 201 building $0 Moving-Forward- Negotiations projcct a maintenance a administration and a 100' x 1,000' parking lot near the entrance to the Packcry Channel Lookout Ar s just south of Zahn Road. Priority Item: P&R facility be located to recommends en south side of channel 13 . . - . - This projcct includes parking lets en the beach along the north side and the south side of the channel. Development of this project will be pending USAGE and TCLO approval and Project initiation sched l� lc funds MOVED-TO-ITEM-#9 authorization. pending availability of and completion of previous phases: CLO will not allow this to be built P&R recommends reprogramming the funds. 14 Periodic Survey of Channel Conditions and Shoreline Packery Channel monitoring began in 2003 by Texas A&M Division of Nearshore Research by the U.S. Army Corps of Engineers. They ceased monitoring efforts in 2007 and the City assumed monitoring in 2008. The program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and inland channel segment (shoreline position), elevation measurements across the Mollie Beattie Coastal Habitat Community, and measurement of current velocity in the inland channel segment. $205,000 $1,847,312 (Lifetime Expenses to Date) Amending Project Plan today for 2019 budget. 2018 monitoring complete. 15 Packery Channel Revetment Repair Storm surge, strong currents, and waves from Hurricane Harvey caused damage to the slope protection and adjacent appurtenances along the banks of Packery Channel between the SH 361 bridge and the Gulf of Mexico. Repair concepts will be developed for two alternatives; one to return the project to its approximate pre-storm conditions, and another to upgrade the project to an improved condition that is more resilient to future storm impacts. The City will procure a design consultant through the RFQ process, and the selected firm will prepare the construction plans. Post design, construction will be procured. Added 2/13/18 $600,000 $417,027 Preliminary Engineering Report Complete. In permitting and design phase. 16 Park Road 22 Bridge On February 21, 2017, the TIRZ #2 board met and approved the amendment of using funds from TIRZ #2 to support the construction of two one-way bridges spanning Park Road 22. City Council approved this amendment on February 20, 2018. Added 2/20/2018 $4,000,000 $0.00 Waiting for developer on canals. 17 Beach Crosswalk at St. Augustine & Windward Dr. Per request of the Island Strategic Action Committee: Traffic improvement on Windward Drive at Saint Augustine Drive, for pedestrian crossing on Windward Drive to facilitate access to and from Michael J. Ellis Beach. Scope of work includes: crosswalk, access ramps, traffic signs, and pavement markings. Estimated costs are $23,000 for the crossing and associated traffic improvements; $9,000 for solar powered flashing LED crossing signs. $32,000 $0.00 Pending weather work to begin week of 1/21/19 w/estimated completion Feb. 2019 18 Feasibility Study Per Texas Tax Code Sec. 311.011. Project and Financing Plans. (c) Reinvestment zone financing plans must include (3) a finding that the plan is economically feasible and an economic feasibility study. $50,000 $3,045 In Progress. Will be complete February 28, 2019. page 3 of 3 1/18/2019 Resolution setting the Corporation's annual meeting. WHEREAS, the bylaws of the North Padre Island Development Corporation state that the regular meeting will be set by resolution of the Board of Directors; Therefore, be it resolved by the Board of Directors of the North Padre Island Development Corporation: Section 1. The annual meeting of the Board of Directors of the North Padre Island Development Corporation will be held on a Tuesday in August of each year. ATTEST: NORTH PADRE ISLAND DEVELOPMENT CORPORATION Rebecca Huerta, City Secretary Corpus Christi, Texas day of , 20 Greg Smith, President The above resolution was passed by the following vote: Greg Smith Roland Barrera Rudy Garza Paulette Guajardo Gil Hernandez Michael T. Hunter Joe McComb Ben Molina Everett Roy AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 12, 2019 Second Reading for the City Council Meeting of February 19, 2019 DATE: January 16, 2019 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 6001 Crosstown Expressway (State Highway 286). J CAPTION: Case No. 1118-02 Charles L. Kosarek, Jr and Dane Casey Holdings, LLC: Request for rezoning a property at or near 6001 Crosstown Expressway (State Highway 286) from the "RS -6" Single -Family 6 District and "ON" Neighborhood Office District to the "ON" Neighborhood Office District, the "CN -1" Neighborhood Commercial District, and the "CC" Commercial Compatible District. PURPOSE: The purpose of this item is to allow for the construction of a medical office building. RECOMMENDATION: Planning Commission and Staff Recommendation (January 9, 2019): Approval of the change of zoning from the "RS -6" Single -Family 6 District and "ON" Neighborhood Office District to the "ON" Neighborhood Office District, the "CN -1" Neighborhood Commercial District, and the "CC" Commercial Compatible District. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "ON" Neighborhood Office District, the "CN -1" Neighborhood Commercial District, and the "CC" Commercial Compatible 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 ii1i 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. 1118-02 Charles L. Kosarek, Jr and Dane Casey Holdings, LLC: Ordinance rezoning property at or near 6001 Crosstown Expressway (State Highway 286) from the "RS -6" Single -Family 6 District and "ON" Neighborhood Office District to the "ON" Neighborhood Office District, the "CN -1" Neighborhood Commercial District, and the "CC" Commercial Compatible District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Charles L. Kosarek, Jr and Dane Casey Holdings, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, January 9, 2019, 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 and "ON" Neighborhood Office District to the "ON" Neighborhood Office District, the "CN -1" Neighborhood Commercial District, and the "CC" Commercial Compatible District and on Tuesday, February 12, 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 Charles L. Kosarek, Jr and Dane Casey Holdings, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being 28.29 acres out of Lot 2, Section 7, Bohemian Colony Lands, located on the west side of the Crosstown Expressway, south of Holly Road, and north of Saratoga Boulevard (State Highway 357) (the "Property"), from the "RS -6" Single -Family 6 District and "ON" Neighborhood Office District to the "ON" Neighborhood Office District (Tract 1), the "CN - 1" Neighborhood Commercial District (Tract 2), and the "CC" Commercial Compatible District (Tract 3) (Zoning Map No. 049037), as shown in Exhibits "A", "B", and "C". Exhibit A, is a metes and bounds description and map of Tract 1 of the Property, and Exhibit B, is a metes and bounds description and map of Tract 2 of the Property, and Tract C, is a metes and bounds description and map of Tract 3 of the Property. All 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\2019\1118-02 Charles L. Kosarek, Jr and Dane Casey Holdings, LLC\Council Documents\Ordinance_1118-02 Charles L. Kosarek, Jr and Dane Casey Holdings, LLC.docx Page 2 of 12 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 12 Exhibit A LEURBAN ENGINEERI o Exhibit A 18.19 Acre Zonine Tract STATE OF TEXAS COUNTY OF NUECES Job No. 4916.88,05 December 6, 2018 Ficldnotes, for a 18.19 Acre Zoning Tract, situated in Lot 2, Section 7, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas; said 18.19 Acre Zoning Tract being over and across Share Number Two "Tract B" and Share Number Three "Tract C", as described in a Partition Deed, recorded in Document Number 2017012959, Official Public Records of Nueces County, Texas; said 18.19 Acre Zoning Tract being more fully described as follows: Commencing, at a 5/8 Inch Iron Rod with plastic cap stamped "Bass & Welsh Engineering" Found, on the Northwest Right -of -Way line of Crosstown Expressway, for a common corner of Share Number Three "Tract A", of the said Partition Deed and the said Tract B, from Whence a TxDot Monument Found (Type II), for a comer of the said Tract B, bears South 29°49'47" West, 59.40 Feet; Thence, North 61°53'45" West, with the common boundary line of the said Tract A and the said "Tract B, 296.84 Feet, to the Point of Beginning; Thence, South 29°21'57" West, over and across the said Tract B and Tract C, 548.73 Feet, to the beginning of a circular curve to the Left, having a delta of 8°35'14", a radius of 3,234.98 Feet, an arc length of 484.84 Feet, and a chord which bears South 74°58'12" West, 484.38 Feet; Thence, with the said circular curve to the Left, 484.84 Feet, to the common boundary line of a 7.24 Acre Tract of land described in a Warranty Deed from to Morteza Shafinury and Mostafa Bighamian, as recorded in Document Number 2014009539, said Official Public Records, and the said Tract C; Thence, North 61°53'45" West, with the said common boundary line, 631.23 Feet, to the West comer of the said Tract C; S:1Surveying'.49I6118051OFFlCE\METES AND BOUNDS1FN491613805_20181205 ON DISTRICT.DoexPage 1 oft OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI. TEXAS 78404 FAX (361)854-6001 H vt w. urhancng in TAPE Finn H 145 • TAPES Finn # 10032400 Page 4 of 12 Thence, North 28°36'28" East, 369.46 Feet, to a North corner of the said Tract C, on the South Right -of -Way line of Martin Street, a 60 Foot wide public Roadway, shown in Los Encinos School Tract, as recorded in Volume 68, Page 576, said Map Records, for the beginning of a circular curve to the Left, having a delta of 54°47'37", a radius of 59.01 Feet, an arc length of 56.44 Feet, and a chord which bears North 56°00'34" East, 54.31 Feet; Thence, with the said South Right -of -Way line, the said Tract C and the said circular curve to the Left, 56.44 Feet; Thence, North 28°36'32" East, with the Southeast Right -of -Way line of the said Martin Street, at 19.07 Feet pass a 5/8 Inch Iron Rod Found, for a common corner of the said Tract 13 and said Tract C, in all 462.35 Feet, to a 5/8 Inch Iron Rod Found with red plastic cap stamped "URBAN ENGR CCTX" Found, for a common corner of the said Tract A and said Tract R; Thence, South 61°53'45" East, with the common boundary line of the said Tract A and said Tract B, 964.05 Feet, to the Point of Beginning, containing 18.19 Acres (792,370 SqFt) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared" URBAN ENGINEERING 1hAti1., /14- James o - James D. Carr, R.P.L.S. License No. 6458 S:1Surveying49161B8051OFFICEIMETES AND BOUNDSIFN4916B805_20181205_ON DISTRICT.DocxPage 2 oft OFFICE (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www_urh;mcng.com TBPE, Firm # 145 • TBPLS Firm 4 10032400 FAX (361)854-6001 Page 5 of 12 N 4 ..) v..-.. S:aA s G 0 Q 671 7 aD° A,.pe ,.3 Ts20S.9-T- p�p�. rt O . N -10 d it WA, .4.0 na �zx°a- il 9 �x3c�3 0• 4: 0'0 ��„o }eDc59v si• coA 3TsaC O0+c17; -10 • 01° 03.1 p n NA W A m s o ,. °° A W '-O ms. o S 3,0 Ng M O 0R� °� .0 3 `�a= s=,•sc 3 7'0 P��no 1 m o,a�� m0_.o_m �oNs 3 0 ss S. c•N 3 e,_o n' ]� O 20” O 7 p 671 a7 K N �3 7 n -1 O a ypd�v A o l 1K 07 r, A .D RENNNDER OF A 45.31E ACRE TRACT DCC. NQ 2014045952 O.P.R.N.0 7 ONRIER: SEASDE BUILOERS, LL -C 22341'28' E 361.40' -14 28'36'32' E r i a z 0 UJ 1:• 4;'Tl`: .TREET 462.35' - S ri 29'21457' W 548.73' S0'116 3 .41,i'S.19 S 1 r� ti rn- ill r ice' 3 SH 286 (CROSSTOWN EXPRESSWAV;� SOUT1VCIA0 Ai ::5 F*3AB: R3 e. Y44'. - (CCSJ 10:e. U720 -0J-235) Page 6 of 12 Exhibit B ilURBAN ENGINEERING Exhibit A 5.65 Acre ZoninE Tract STATE OF TEXAS COUNTY OF NUECES Job No. 4916.B8.05 Revised: December 6, 2018 Fieldnotes, for a 5.65 Acre Zoning Tract, situated in Lot 2, Section 7, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas; said 5.65 Acre Zoning Tract being over and across Share Number One "Tract A", Share Number Two "Tract 13" and Share Number Three "Tract C", as described in a Partition Deed, recorded in Document Number 2017012959, Official Public Records of Nueces County, Texas; said 5.65 Acre Zoning Tract being more fully described as follows: Commencing, at a TxDot Monument Found (Type 1I), on the Northwest Right -of -Way line of Crosstown Expressway, for the East corner of the said Tract A; Thence, South 29°49'47" West, with the common boundary line of the said Crosstown Expressway and the said Tract A, 50.00 Feet, to the Point of Beginning; Thence, South 29°49'47" West, with the said common boundary line, 390.75 Feet, to a 5/8 Inch Iron Rod with plastic cap stamped "Bass & Welsh Engineering" Found, for a common comer of the said Tract A and the said Tract B; Thence, South 29°50'14" West, with the common boundary line of the said Crosstown Expressway and the said Tract 13, 59.40 Feet, to TxDot Monument Found (Type 11), for a corner of the said Tract B; Thence, South 28°56'02" West, continuing with the said common boundary line, 272.69 Feet, to a point, for the beginning of a circular curve to the Left, having a delta of 6°36'09", a radius of 3,234.98 Feet, an arc length of 372.79 Feet, and a chord which bears South 82°33'53" West, 372.58 Feet; Thence, over and across the said Tract 13, Tract C and with the said circular curve to the Left, 372.79 Feet; S:1Surveying149161B8051OFFICEIMETES AND HOUNDS\FN4916B805_20181130 CN- I DISTRICT_5.65AC.Docx Pap Iof2 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www.urbaneng..onl TBPE Firm # 145 • TBPLS Firm 0 10032400 Page 7 of 12 Thence, North 29°21'57" East, over and across the said Tract A, said Tract B and said Tract C, 939.54 Feet, to a point, for the North corner of this Zoning "Tract; Thence, South 61°52'10" East, over and across the said Tract A, 300.00 Feet, to the Point of Beginning, containing 5.65 Acres (246,247 SOFt) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this fieldnotes description, including preamble, seal and signature. appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared" Ep'.71 * : JAMES DAVID CA1.1: • 61113 614;b URBAN IG ERING riti�`7� ki James D. Carr, R.P.L.S. License No. 6458 S:1Surveying\49I6138051OFFICEIMETES ANI) BOUNDSIFN4916B805_20181130 CN -1 DISTRICT_5.6SAC.Docx Page 2 of 2 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www,urbancng,N�rr! TBPE, Firm # 145 • TBPLS Firm 11 10032400 Page 8 of 12 --� 1112 r J -- Fi � I . , LT C .: •l CII I LT 1 --a. - 1 [ LT la Y [Kr1:P�iW.AALL'iP!�il:Udllll/J ;91Anai:IIN7U1:1r1:40:1121e1 MOM" C4M erl s>I::11FF/44-11=1FiFWi®FE9R7 LE E I H 1 _s: MTH r. T-': E - - . EL H EP4(NEE•,.I F 4 T•.;:.T "E•T FCr,INr (Tr°'E 1, General Notes: 1.) Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983. Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. (Record Bearing/Distance) (oweiEF (DOC 2.) Some features shown on this Survey may be out of scale far clarity. 2.) This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests It: real prcperty_except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which It was prepared. 18.1 H ACREZONI�` TRACT (SURVEYED SAME DATE) � -P-V- -soPs ��, a • Exhibit B Sketch to Accompany Fieldnotes, for a 5.65 Acre Zonhg Tract, situated In Lot 2. Sectton 7. Bohemian Colony Lands. a map of wbIch Is recorded In Volume A. Page 48, Map Records of Nueces County, Texas: said 5.65 Acre Zoning Tract being over and across Share Number One 'Tract A", Share Number Two 'Tract 8" and Share Number Three 'Tract C". as described In a Partttlon Deed. recorded In Document Number 2017012959, Official Public Records of Nueces County, Texas. COUNTY OF NLEcES :fry CF CORPUS (i-IRISTI C _ io y2;4 fed IT F ' E. E E TO"! S 61'5210' 10' E 300.00' E I I 12.809 ACRES 'TRACT A` 2413 MEMORIAL PARKWAY, LLC) NO 2018048754 0 P.R N C.T.) (246,247 SO. FT.) 12.809 ACRES TRACT 8' ID( L. : CHARLESkOSAREI JR) (. N0. 20170'2959, 0.P_R.N.0 T ) 4.45 ACRE ZONING TRACT (SURVEYED SAME DATE) 12.809 ACRES 'TRACT C' (0 ER: DANE CASEY HOLDINGS, LLC) IOC. NO. 2017012959. 0.P.R,N.0 T ) URBA EN NG in ae ae n DATE: DEC. 6. 2018 SCALE: 1"=100' JOB NO.: 4916.88.05 SHEET: 1 OF 1 DRAWN BY: C.SRP urbm surveyl Ourban Ong. com 02018 by Urbm EnyIneer►Ig .sSar.eyor, 4.J'b`•y �J�'•<<tSJ 1 G5 EIU5_.'U1M1129 CN -1 DIS•RICI ce Page 9 of 12 Exhibit C tEURBAN ENGINEERING Exhibit A 4.45 Acre Zonine Tract STATE OF TEXAS COUNTY OF NUECES Job No. 4916.138.05 December 6, 2018 Fieldnotes, for a 4.45 Acre Zoning Tract, situated in Lot 2, Section 7, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas; said 4.45 Acre Zoning Tract being over and across Share Number Two "Tract B" and Share Number Three "Tract C", as described in a Partition Deed, recorded in Docwnent Number 2017012959, Official Public Records of Nueces County, Texas; said 4.45 Acre Zoning Tract being more fully described as follows: Commencing, at a 5/8 Inch Iron Rod with plastic cap stamped "Bass & Welsh Engineering" Found, on the Northwest Right -of -Way line of Crosstown Expressway, for a common corner of the Share Number One "Tract A", of the said Partition Deed and the said Tract B; Thence, South 29°49'47" West, with the common boundary line of the said Crosstown Expressway and the said Tract B, 59.40 Feet, to a TxDot Monument Found (Type 11), for a corner of the said Tract 13; Thence, South 28°56'02" West, continuing with the said common boundary line, 272.69 Feet, to the Point of Beginning; Thence, South 28°56'02" West, continuing with the said common boundary line and the Southeast boundary line of the said Tract C, 547.80 Feet, to the East corner of a 7.24 Acre Tract of land described in a Warranty Deed from to Morteza Shatinury and Mostafa Bighamian, as recorded in Document Number 2014009539, said Official Public Records; Thence, North 61°53'45" West, with the common boundary line of the said 7.24 Acre Tract, and the said Tract C, 648.72 Feet, to the beginning of a circular curve to the Right, having a delta of 15°11'23", a radius of 3,234.98 Feet, an arc length of 857.62 Feet, and a chord which bears North 78°16'17" East, 855.11 Feet; S,1Surveyingti4916168051OFFICEIMETES AND BOUNDS\FN491613805_20I81130_CC DISTRICT.DocxPage 1 of 2 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www .urbancn.g.co,n TBPE Firm # 145 • TBPLS Firm # 10032400 Page 10 of 12 Thence, over and across the said Tract B. Tract C and with the said circular curve to the Right, 857.62 Feet, to the Point of Beginning, containing 4.45 Acres (193,859 SqFt) of Land, more or Tess. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared" UIF-BAN ENGINEERING (NAM 9 V James D. Carr, R.P.L.S. License No. 6458 S:LSurveying49161B805lOFFICEIMETES AND BOUNDS\FN4916B805_20181130 CC DISTRICT.DocxPage 2 of 2 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www.urhancng.com TBPE, Finn # 145 • TBPLS Finn # 10032400 Page 11 of 12 General Notes: 1) Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010,00. (Record Bearing/Distance) 2.) Some features shown on this Survey may be out of scale for clarity. 3.) This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish Interests In red property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which It was prepared. UNE Ll BEARING DISTANCE S 2549 47 59.40' 12.809 ACRES 'TRACT A" (OWNER. 2413 MEMORIAL PARKWAY. LLC) (DOC. NO. 2018048754 0.P.R.N.C.T.) eew POINT CF (:OMMENCEMENT 5 65 ACRF 7ONING TRACT (SURVEYED SAME DATE;. 12.809 ACRES "TRACT B" (OWNER: CHARLES L KOSARO( .R) (DOC. NO. 2017012959. 0.P.R.N.C.T.) DitCWAIBIJIMN 41141:1JUPLMr3S4•1Ski1L1[N:NR111::y3:7Ck1[N:IU,{/11a;[rrla C 1 15'11 23 3234.98 957.52 N 78'15 17 E 955,1 LE E. ..O - I', _H I ' I711 - T" .. E AN. .EL 11 E I EE I F:uND •T'::TNO'. ETF Ti E 11 18.19 Af;RF ZONING TRACT '.;uRVEYED SAME DATE) ,O 1 6 r sOv- t„ 12.809 (OWNER: DAN (DOC. NO E I I 1 Il RES T C" ASEY HOLDINGS, (LC) 17012959, O.P R,N.0 T) (193,859 SO. FT.) co CV Z (n 7.24 ACRE TRACT 17 (OWNER- MORTEZA SHAFlExhibit NURY and MOSTAFA BIGHAWIAN) B (DOC. NO. 2014009539. 0.P.R.N.C.T.) Sketch to Accompany Fleldnotes, for a 4.45 Acre Zoning Tract, situated In Lot 2, Section 7, Bahemlan Colony Lands. a map of ehlch Is recorded h Volume A. Page 48, Map Records of Nueces County, Texan, said 4.45 Acre Zoning Tract being over and across Share Number Two Tract B" and Share Number Three 'Tract C. as described in a PartItlon Deed, recorded In Oocument Number 2017012959, Otfcld �bhc Records of Nueces County, Texas. COUNTY OF NLEcES CITY OF CARPUS CHRISTI IEENGINEERINGURBAN DATE: DEC. 6. 2018 SCALE: 1"=100' JOB NO.: 4916.88.05 SHEET: 1 OF 1 DRAWN BY: C.SRP urbm eurveyl Ou rb m eng. co m 02018 by Urban EnQineering ,.\Su;.cy„t�\t91ri'\d huY„:c491bitius_.'C1tl11:9_f�k PCC DISTRICI arg Page 12 of 12 PLANNING COMMISSION FINAL REPORT Case No. 1118-02 INFOR No. 18ZN1030 Planning Commission Hearing Date: January 9, 2019 Applicant & Legal Description Owner: Charles L. Kosarek, Jr and Dane Casey Holdings, LLC Applicant: Orthopedic Associates of Corpus Christi, PA Location Address: 6001 Crosstown Expressway (State Highway 286) Legal Description: Being 28.29 acres out of Lot 2, Section 7, Bohemian Colony Lands, located on the west side of the Crosstown Expressway, south of Holly Road, and north of Saratoga Boulevard (State Highway 357). Zoning Request From: "RS -6" Single -Family 6 District and "ON" Neighborhood Office District To: "ON" Neighborhood Office District, the "CN -1" Neighborhood Commercial District, and the "CC" Commercial Compatible District Area: 28.29 acres Purpose of Request: To allow for the construction of a medical office building. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RS -6" Single -Family 6 and °ON" Neighborhood Office Vacant Medium Density Residential North "ON" Neighborhood Office and "RS -6" Single -Family 6 Low and Medium Density Residential Medium and High Density Residential South "IL" Light Industrial Vacant Medium Density Residential East "IL" Light Industrial Public/Semi- Public Light Industrial West "RS -6" Single -Family 6 Public/Semi- Public Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "ON" Neighborhood Office District, the "CN -1" Neighborhood Commercial District, and the "CC" Commercial Compatible District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Map No.: 049037 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 1,328 feet of street frontage along the Crosstown Expressway (State Highway 286) which is designated as an "F1" Freeway/Expressway and has approximately 485 feet of street frontage along Martin Street which is designated as a "C1" Minor Collector 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 South Padre Island DriveExpressway (SH 358) "F1" Freeway/ 400' ROW Varies paved 405' ROW 288' paved N/A Martin Street "C1" Minor Collector 60' ROW 40' paved 60' ROW 40' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single -Family 6 District and "ON" Neighborhood Office District to the "ON" Neighborhood Office District, the "CN -1" Neighborhood Commercial District, and the "CC" Commercial Compatible to allow for the construction of a medical office building. Development Plan: The subject property is 28.29 acres in size. The owner is proposing the construction of a medical office building. South Texas Bone & Joint plans to continue a 40+ year commitment to advanced, subspecialty surgical care by expanding to the property located along the Crosstown Extension between Holly Road and Saratoga Boulevard. Development plans include an 80,000 square foot, 3 -story medical office building bordered by a 24-hour Emergency Room The property will house South Texas Bone & Joint which will provide sub -specialty orthopedic physical therapy, rehabilitation, and diagnostic imaging and musculoskeletal ultrasound care represented by nine surgeons, two primary care sports medicine physicians, seven mid-level physician assistants, and orthopedic nurse practitioners. The practice has nearly one - hundred support staff members. Included in the building will be a full service state-of- the-art outpatient surgery center with advanced robotic and digital technologies. The hours of operation will be 8:00 a.m. to 5:00 p.m. Monday through Friday, with late evening and lunch-hour appointments available on select days as well as Saturday morning options. The applicant wishes to rezone a portion of a previous rezoning case (approximately 300 -feet in depth) along the Crosstown Expressway (State Highway 286) to allow for potential commercial development (i.e. retail, restaurants, etc.). Existing Land Uses & Zoning: The subject property is currently zoned "RS -6" Single - Family 6 District and "ON" Neighborhood Office District, consists of vacant land, and has remained undeveloped since annexation in 1962. To the north and south along the Crosstown Expressway (State Highway 286) vacant tracts to the south or older single- family residences (Cabaniss Acres, 1946) to the north zoned "RS -6" Single -Family 6 District. To the east and across Martin Street are vacant properties zoned "RS -4.5" Single -Family 4.5 District and the new Los Encinos Elementary School. To the west and across the Crosstown Expressway are vacant properties zoned "IL" Light Industrial District. AICUZ: A portion subject property (4.45 acres) is located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Staff Report Page 3 Plat Status: The property is not platted. Utilities: Water: 8 -inch C900 line located along Crosstown Expressway (State Highway 286) in front of the subject property. Wastewater: 8 -inch PVC line located along Martin Street to the rear of the subject property. Gas: 4 -inch Service Line located to the north of the subject property. Storm Water: Inlets located to the east along Crosstown Expressway (State Highway 286) and to the west along Martin Street. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "ON" Neighborhood Office District, the "CN -1" Neighborhood Commercial District, and the "CC" Commercial Compatible District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies should be considered: • 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). • Support the separation of high-volume traffic from residential areas or other noise -sensitive land uses (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Promote interconnected neighborhoods with appropriate transitions between lower -intensity and higher -intensity land uses. (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). • Promote medium density activities, such as apartments or office uses around commercial centers of high density, and the remaining area by low density use such as single-family dwellings. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • The "B-1" Neighborhood Commercial ("CN -1" Neighborhood Commercial) and other commercial zoning regulations, in concert with the Comprehensive Plan policies, should be reviewed and revised as necessary to control the size and Staff Report Page 4 use of commercial centers so they remain in scale with their surrounding uses and highway carrying capacity (Policy Statement B.4). Department Comments: • The proposed rezoning 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 in regard to noise. • A previous rezoning case was heard by the Planning Commission and City Council in 2018. The rezoning from the "RS -6" District to the "ON" Neighborhood Office District was approved. • The applicant wishes to rezone a portion of the previous rezoning case (approximately 300 -feet in depth) along the Crosstown Expressway (State Highway 286) to allow for potential commercial development (i.e. retail, restaurants, etc.). • The limited hours of operation of 8:00 a.m. to 5:00 p.m. would reduce any potential negative impacts from occurring in regard to the hospital complex. • While the "CN -1" District does not allow more intense commercial uses such as Mini - Storage, Bars, and Night Clubs, the "CN -1" District has no restriction on the size of restaurant uses or retail development. • Staff has concluded that the adjacent neighborhood would be better protected by the "ON" Neighborhood Office District versus the "CN -1" Neighborhood Commercial District. However, the applicant is requesting that the frontage of the property with a 300 foot depth be rezoned to "CN -1" Neighborhood Office to open the possibilities of retail and restaurant development as out parcels without square footage restrictions. • The "ON" District has increased side setback requirement of 20 -feet vs. 10 -feet as required by the "CN -1" District. The "ON" District also allows a height of 45 feet, however, the 2:1 setback protection as per section 4.2.8 of the UDC is still applicable. • Both the "ON" District and "CN -1" District require a buffer yard. A Type B buffer yard will be required for the northern property line adjacent to the Cabaniss Acres Subdivision and on the southern property line. A Type B buffer yard consists of a 10 - foot wide buffer and at least 10 points. Additionally, a storm water drainage area is proposed between the single-family residences and the future medical facility. • A portion of the subject property (4.95 acres) is located within Accident Potential Zone 2 (APZ-2) of the Air Installation Compatibility Use Zone (AICUZ) map. Staff is recommending the use of the "CC" Commercial Compatible District which will limit the uses related to the congregating of people and also limit the size of buildings to a specific Floor Area Ratio (FAR). Planning Commission and Staff Recommendation (January 9, 2019): Approval of the change of zoning from the "RS -6" Single -Family 6 District and "ON" Neighborhood Office District to the "ON" Neighborhood Office District, the "CN -1" Neighborhood Commercial District, and the "CC" Commercial Compatible District. Staff Report Page 5 Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 Public Notification Number of Notices Mailed — 9 within 200 -foot notification area 5 outside notification area As of January 4, 2019: 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. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\1118-02 Charles L. Kosarek, Jr and Dane Casey Holdings, LLC\PC Documents\Staff Report_1118-02 Charles L. Kosarek, Jr and Dane Casey Holdings, LLC.docx Staff Report Page 6 CASE: 1118-02 ZONING & NOTICE AREA ▪ 111114=1112 1 FR -2 1.11V=1122 RN 11101,4•1110a ON 2 /01201.1112 Ar • IN10130r1wee Comm. Mal • N.1ln 0144222 Conn. rani CR -1 R»wA Cunn•roYl 4•2 Cenn•roYl PP -1 0.e9r11cunn•mr 04 x NYE CG•1•19 Mal CUD 4•1.104•1. Cenn•mnl 014-1 101011014414.10111 FR Fa m Re ml N •11o.N0vll12 L MEM L Lilt r:L[trz IH LIRA:PRO FlanA•0 Rai 20,0 tir•f Rf-10 1N014-Falt 10 R*& -G iN01•FOny AG F1nry Rf-12 I11101•Fa1y 1i FE 41E•lt Rf TH 70111210140 2234•1.1 Perm! RU RIu101bIW V11YFN Pai REN 11•mmelra mom* ®I vt+ 390 !JR! A.ev 4ar: X . Zoning Case #1118-02 Charles L. Kosarek, Jr. and Dane Casey Holdings, LLC. Rezoning for a Property at 6001 Crosstown Expressway (SH 286) City Council Presentation February 12, 2019 Aerial Overview Subject Property at 6001 Crosstown Expressway N At NU 11 ;9 ; nStreetMa and tank ibutacs f I. CreatiueCommarsShaieAlke License (OC -9Y -SA) T f' 3 Zoning Pattern Planning Commission and Staff Recommendation Approval of the "ON" Neighborhood Office District, the "CN -1" Neighborhood Commercial District, and the "CC" Commercial Compatible District Public Notification 9 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 6 AICUZ N At UDC Requirements Buffer Yards: "CN -1" or "ON" to "RS -6" Type B: 10' & 10 pts. "ON" to "IL" Type B: 10' & 10 pts. Setbacks: Street: 20 feet Corner: 15 feet Rear: 2 to 1 Setback (height -12') x 2 Parking: 1:225 sq. ft. GFA (Clinic) 1:3 Beds (Hospital) Landscaping, Screening, and Lighting Standards Uses Allowed: Retail, Offices, Multifamily *Bars/Nightclubs Not Allowed in "CN -1" Utilities • Water: 8 -inch C900 Line Wastewater: 8 -inch PVC • Gas: 4 -inch Service Line Storm Water: Road side drainage along SH 286 and Martin Street. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 12, 2019 Second Reading for the City Council Meeting of February 19, 2019 DATE: January 16, 2019 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 0 Enterprize Parkway CAPTION: Case No. 0119-01 Devary Durrill Foundation: Request for rezoning a property at or near 0 Enterprize Parkway from the "IL" Light Industrial District to the "CG -2" General Commercial District. PURPOSE: The purpose of this item is to allow for the construction of a hotel. RECOMMENDATION: Planning Commission and Staff Recommendation (January 9, 2019): Approval of the change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial 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 ii1i 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. 0119-01 Devary Durrill Foundation: Ordinance rezoning property at or near 0 Enterprize Parkway from the "IL" Light Industrial District to the "CG -2" General Commercial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Devary Durrill Foundation ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, January 9, 2019, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District and on Tuesday, February 12, 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 Devary Durrill Foundation ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being 2.0683 acre tract being out of the 7.08 acres remainder of the Gugenheim & Cohn Farm Lots, Lots 1-4, 6-8, and 10, Section 5, Range VIII, located on the west side of Enterprize Parkway, south of Bear Lane, and east of North Padre Island Drive (State Highway 358) (the "Property"), from the "IL" Light Industrial District to the "CG -2" General Commercial District (Zoning Map No. 051041), 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\2019\0119-01 Devary Durrill Foundation\Council Documents\Ordinance_0119-01 Devary Durrill Foundation.docx Page 2 of 6 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 6 114 LJA SURVEYING Exhibit A 820 Buffalo Street. Corpus Chn,ti, Texas 78401 t 361.8878851 f 361.8878855 LJASURVEYcom TBKLS 10016600 September 21, 2018 UA Project No. LIAS221-18021 PROPERTY DESCRIPTION EXHIBIT 'A' TRACT 1 STATE OF TEXAS COUNTY OF NUECES Field notes of a 2.0683 acre tract being out of the 7.08 acres remainder of thc Gugcnhcim & Cohn Farm Lots, Lots 1-4, 6-8, and 10, Section 5, Range VIII, as recorded in Volume A, Page 53, Map Records, Nueces County, Texas, and recorded in Volume 2151, page 588, Deed Records of Nueces County, Texas. Said 2.0683 acre tract of land is situated in Nueces County, Texas approximately 4.5 milts southwest of Corpus Christi, Texas and is described by metes and bounds as follows: COMMENCING at a 518" iron rod with cap found along the northeast right-of-way of State Highway 358 (South Padre Island Drive) and northwest corner of Lot 1, Block 1, 100 South Padre, a map which is recorded in Volume 67, Page 532, Map Records of Nueces County, Texas. THENCE N 49°09'44" E along the west line of said Lot 1, Block 1, a distance of 307.69 feet to a 5/8" iron rod with cap found for thc POINT -OF -BEGINNING and southwest comer of this 2.0683 acre tract; THENCE N 40°50'16" W along the southwest line of this tract, a distance of 121.56 feet to a 5/8" iron rod with cap set for an angle corner of this 2.0683 acre tract; THENCE NORTH along the west line of this tract, a distance of 283.14 to a chisel square set in concrete sidewalk on the south right-of-way of Bear Lane for the northwest corner of this 2.0683 acre tract; THENCE N 89°50'08" E along the north line of this tract and south right-of-way of Bcar Lane, a distance of 240.00 feet to a chisel square set in concrete sidewalk for the northeast corner of this 2.0683 acre tract; THENCE SOUTH, a distance of 10.00 feet to a 5/8" iron rod with cap found at the point of curve to the right on the west right-of-way of South Entcrprizc Parkway, a radius of 10.00 feet, central angle of 90°20'17", tangent of 10.06 feet, chord distance of 14.19 feet, chord bearing of S 44°49'02" E, an arc length of 15.77 feet for an inside comer of this 2.0683 acre tract; Page 4 of 6 Exhibit 'A' - Tr.tct 1 September 21. 2018 Page 2 THENCE along said curve to the right, a distance of 15.77 feet to the point of tangent and end of said curve to thc right, a chisel square in concrete curb set on the west right-of-way of South Enterprize Parkway for an angle comer of this 2.0683 acre tract; THENCE SOUTH along the east line of this tract and west right-of-way of South Enterprize Parkway, a distance of 336.66 feet to a 5/8" iron rod found at the point of curve to the left, a radius of 335.00 feet, central angle of 3°15'52", tangent of 9.55 feet, chord distance of 19.08 feet, chord hearing of S OI°37'56" E, an arc length of 19.09 feet for an angle corner of this 2.0683 acre tract; THENCE along said curve to the left, a distance of 19.09 feet to the end of said curve to the left and southeast corner of this 2.0683 acre tract, from whence a chisel "V" in concrete sidewalk found bears S 70°01'18" E, a distance of 0.42 feet. THENCE WEST, a distance of 171.03 feet to the POINT -OF -BEGINNING of this tract containing 2.0683 acres, more or Tess. This field notes description is accompanied by a survey drawing of a 2.0683 acre tract titled Exhibit 'B", datcd September 21, 2018. I, Albert E. Franco, Jr., Registered Professional Land Surveyor of Texas, do hereby certify that this description is based on an actual survey made on thc ground, under my supervision, this the 21st day of September 2018. ��• 7 (44tee. Registered Professional Land S rvcyor Texas Registration No. 4471 Page 5 of 6 Exhibit B T P OCTzo,n 119IHX9 DNINOZ Fi r 0 • m 0 m O Dmo O 7 37 g ct m •1 IIA 1".N. ,(Ttb �° 3 4. O O 8- Page 6 of 6 PLANNING COMMISSION FINAL REPORT Case No. 0119-01 INFOR No. 18ZN1033 Planning Commission Hearing Date: January 9, 2019 Applicant & Legal Description Owner: Devary Durrill Foundation Applicant: Devary Durrill Foundation Location Address: 0 Enterprize Parkway Legal Description: Being 2.0683 acre tract being out of the 7.08 acres remainder of the Gugenheim & Cohn Farm Lots, Lots 1-4, 6-8, and 10, Section 5, Range VIII, located on the west side of Enterprize Parkway, south of Bear Lane, and east of North Padre Island Drive (State Highway 358) Zoning Request From: "IL" Light Industrial District To: "CG -2" General Commercial District Area: 2.07 acres Purpose of Request: To allow for the construction of a hotel. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "IL" Light Industrial Vacant Commercial North "IL" Light Industrial Vacant and Light Industrial Commercial South "IL" Light Industrial Commercial Commercial East "IL" Light Industrial Professional Office Commercial West "IL" Light Industrial Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 051041 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 336 feet of street frontage along Enterprize Parkway which is designated as a Local/Residential Street and has approximately 240 feet of street frontage along Bear Lane 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 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Enterprize Parkway Local/Residential 50' ROW 28' paved 70' ROW 50' paved N/A Bear Lane "Al" Minor Arterial 95' ROW 64' paved 90' ROW 43' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "CG -2" General Commercial District to allow for the construction of a hotel. Development Plan: The subject property is 2.07 acres in size. The owner is proposing the construction of a hotel. Existing Land Uses & Zoning: The subject property is currently zoned "IL" Light Industrial District, consists of vacant land, and has remained undeveloped since annexation in 1954. To the north and across Bear Lane are vacant tracts and industrial businesses (Hertz Truck Rental) zoned "IL" Light Industrial District. To the south along Enterprize Parkway is a large office complex (U.S. Veterans' Affairs Administration) zoned "IL" Light Industrial District. To the east is a business/office park zoned "IL" Light Industrial District. To the west is a vacant property zoned "IL" Light Industrial 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: 12 -inch C900 line located along Bear Lane. Wastewater: 18 -inch VCP line located along Bear Lane. Gas: 10 -inch Service line located along Bear Lane. Storm Water: Inlets are located along Bear Lane. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • 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). Staff Report Page 3 • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • The City should evaluate zoning districts where existing zoning should be changed to implement the Land Use Plan. (Policy Statement C.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 also compatible with neighboring properties and with the general character of the surrounding area. The potential rezoning would not have a negative impact upon the surrounding businesses. • The adjacent office buildings and business parks while allowed by -right in the "IL" Light Industrial District have served more in a commercial/office capacity. The future land use map identifies that this entire business park area should transition to a commercial zoning district. South Padre Island Drive (State Highway 358) and Bear Lane has served as the separating boundary between commercial and industrial land uses. • Several other hotels have been constructed approximately one half mile to the south at the intersection of South Padre Island Drive (State Highway 358) and Old Brownsville Road. This commercial node has also had rezoning to the "CG -2" General Commercial District. Planning Commission and Staff Recommendation (January 9, 2019): Approval of the change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 Public Notification Number of Notices Mailed — 8 within 200 -foot notification area 6 outside notification area As of January 4, 2019: In Favor — 1 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. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0119-01 Devary Durrill Foundation\PC Documents\Staff Report_0119-01 Devary Durrill Foundation. docx Staff Report Page 4 BEA[ LN 3 IDN LTaa latl: 1712112o18 1 aapuarl Hy:IWO fA 41i1T1O&Iror Dovalopag nl5 WYuaz CASE: 1119-01 ZONING & NOTICE AREA RN -1 NVNralIN1 f11-2 NVNrally2 fdl-b NVNramlyb ON Prole "Neal Orlbe P N -AT NuiLamly Ai CN -1 Nel.Fhorfnotl Comm* rHll CN -2 IMIlIborlpotl Cann* renal CR -1 Re w rl Comm*rolal CR -2 R*wrl 00mm*rolaI CO.1 GeneralComm*rdY CO -2 Oenertl rolal CI N4an"ir*Comm*r0Uclal CRN Oownlown Comm*rolal CR.0 R*r.orl Comm*roll! FR Farm Rural H 111"IorbO10 rlE' P P 1."no""Park IL light !manila! N Wavy ■rtla"IHS PITO Plrrn*tl Ural O*x Overlay R2-10 ibiplo-Fam11, 10 Rt -a 04n '!-i !d Ri4.6 bled t•":-! : 36 RS -1-F TWO ..7 R* -16 -. 14 PE far'!' =....a RSTH TCA"':-• ap Staff Report Page 5 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 clue lienee la intencidn de asistir a este Iunta y que requieren servicios especrales se les suplica que den avrso 48 horas antes de la pinta Hernando al departamento de servic os de desarrotlo, al numcro (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 10 request an interpreter be present during the meeting Si usted desea diriglrse a la cernmrssion durante la tunta y su Ingles es I mitedo, favor de Ilamar al departamento de servicios de desarrollo al Humero (3812026-3240 al raprips 48 Was antes de la junta oara solrciter wtnterp!ete ser eresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0119-01 Devary Durrill Foundation: has petitioned the City of Corpus Christi to consider a change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District, not resulting in a Change to the Future Land Use Map. The property to be rezoned is described as: 0 Enterprize Parkway and being 2.0683 acre tract being out of the 7.08 acres remainder of the Gugenheim & Cohn Farre Lots, Lots 1-4, 6-8, and 10. Section 5, Range VIII, located on the west side of Enterprize Parkway, south of Bear Lana, and east of North Padre Island Drive (State Highway 358). 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 rezonirg request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, January 9, 2019, 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 MAII ED 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. ?O•�IF ✓ 4-7-0/41 Printed Name. ( •,• R Pr1S1 E L L. c_ G SM re -g �/rrJecJNzP. Address „? 1.....11, O Pnss< c way X36 (,,,r IN FAVOR ( ) IN OPPOSITION REASON. SEE MAP ON REVERSE SIDE INFOR Case No : 18ZN1033 Property Owner ID, 6 City,State: Phone: Signature Case No. 0119-01 Project Manager Andrew Dimas Email andrewd2tgcctexas.com Zoning Case #0119-01 Devary Durrill Foundation Rezoning for a Property at Enterprize Parkway City Council Presentation February 12, 2019 Aerial Overview Subject Property at 0 Enterprize Parkway N t Vicinity Map rx.• �s ug {c} OpenStre.tMa mntr. ut�Ps Creature Cammo sSha e License{CC-BY--SAj 7357 3 Zoning Pattern Commercial Properties �- IL HEAR LN, hFYIJ�IF KSyr�t aIJI CT C3uaMow PROPERTY put WarAnt I OO u ii @P C 100 C@gilaW Hureng a©moo le BRD@Mnsaa ©34 Pant 2QQ2 Maley= 2©15 Dateold og HcAs0 2Q17 "6 DIo4s0 qgo� r�lt:/11 5 Planning Commission and Staff Recommendation Approval of the "CG -2" General Commercial District Public Notification 8 Notices mailed inside 200' buffer 6 Notices mailed outside 200' buffer Notification Area Opposed: 0 (0.00%) In Favor: 1 Low Crag eatl:IPRI ROM I fiwa sy:rur ccparrnmarmnwwcpnw rserna. 7 UDC Requirements Buffer Yards: "CG -2" to "IL" Type A: 10' & 5 pts. Setbacks: Street: 20 feet Corner: 15 feet Parking: 1 per room Landscaping, Screening, and Lighting Standards Uses Allowed: Retail, Office, Indoor Recreation, Bars, Vehicle Sales, Self - Storage, Car Washes, and Multifamily Uses. Utilities • Water: 12 -inch C900 Line • Wastewater: 18 -inch VCP • Gas: 10 -inch Service Line • Storm Water: Road side drainage along Bear Lane. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 12, 2019 Second Reading for the City Council Meeting of February 19, 2019 DATE: January 16, 2019 TO: Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 1752 Rand Morgan Road CAPTION: Case No. 0119-02 NP Homes, LLC: Request for rezoning a property at or near 1752 Rand Morgan Road from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. PURPOSE: The purpose of this item is to allow for reduced setbacks and smaller single-family lots. RECOMMENDATION: Planning Commission Recommendation Ckanuary 9, 2019): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Staff Recommendation: Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Vote Results: For: 4 Opposed: 3 Absent: 2 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for single-family residential uses. The proposed rezoning to the "RS - 4.5" Single -Family 4.5 District is consistent with the Future Land Use Map, however not consistent with the adopted Comprehensive Plan (Plan CC) as a whole. 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. 0119-02 NP Homes, LLC: Ordinance rezoning property at or near 1752 Rand Morgan Road from the "RS -6" Single -Family 6 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 NP Homes, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, January 9, 2019, 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 "RS -4.5" Single -Family 4.5 District and on Tuesday, February 12, 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 NP Homes, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being 21.563 acres out of Tract 1-A, Assessors Map, located on the east side of Rand Morgan Road, south of Leopard Street, and north of McNorton Road (the "Property"), from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District (Zoning Map No. 058046), 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\2019\0119-02 NP Homes, LLC\Council Documents\Ordinance_0119-02 NP Homes, LLC.docx 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 5 Exhibit A MURRAY BASS. JR.. P.E_R.PLS. NIXON M. WELSH. PE..R.PLS. www.bass-welsh.com BASS SE WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 RS4 5 Zoning Tract STATE OF TEXAS COUNTY OF NUECES $ 3034 S. ALAMEDA. ZIP 78404 361 882-3321-- FAX 961 882-1263 e-mail: mnrrayjrre aol.com e-mail: aizmwi" aol.com November 9. 2018 15058 -MSB -Zoning. doc Description of a 21563 acre tract of land more or less. being all of a tract of Land described as containing 21.568 acres in deed, Document No. 2016022969. Official Records of Nuece: County . Texas, said 21.563 acre tract of land as further described by metes and bounds as follows: BEGINNING at the point of intersection of the east right-of-way line of Rand Morgan Road and the south boundary line of an 80 acre tract described by deed recorded at Document No. 2001007773. said official record:. said 80 acre tract is described in the "Rand Morgan Road Property" of said deed recorded at Document No. 2001007773. said begs ring point for the northwest corner of the tract herein described and of 25.998 acre Parcel 2. Document No. 2004017839. said official records: THENCE along the common south boundary line of said 80 acre tract and north boundary line of :aid 25.998 acre tract N89'23'36"E 1041.65' to a point for central north corner of the tract herein described and of :aid 21.568 acre tract; THENCE SO0'41'43"E 366.53' to a point for central interior corner of the tract herein described and of aid 21.568 acre tract; THENCE N89'32'15"E 639.89' to a point for the northernmost east corner or northeast corner of the tract herein described and of said 21.568 acre tract: THENCE S00'52'41"E 496.72' to a point for the southeast corner of the tract herein described and of said 21.568 acre tract and being in the north boundary line of McNorton Subdivision No. 2. Revised. a map of which is recorded in Volume 11. Page 31. said map records: THENCE along the common north boundary line of said McNorton Subdivision No. 2, Revised and south boundary- line of said 25.998 acre tract 589'17'55"W 1259.59' to a point for the southernmost west corner or southwest corner of the tract herein described of said 21.568 acre tract and of said 25.998 acre tract: THENCE N00°41'02'W 667.02' along a westerly boundary line of said 25.998 acre tract and of said 21.568 acre tract to a point for interior northwesterly corner of the tract herein described, of said 21.568 acre tract and of said 25.998 acre tract; THENCE S89'11'31•'W 423.5T along a northwesterly boundary line of said 25.998 acre tract to a point in :aid east right-of-way line of Rand Morgan Road for a northwesterly corner of the tract herein described and of said 21.568 acre tract: EXHIBIT "A" Page 1 of 2 Page 3 of 5 Metes and Bounds Description. 21.563 Acre Tract. November 9. 2018. continued: THENCE along said east nght-of-wav line of Rand Morgan Road \00`43'18"1,11 200.05' to the POINT OF BEGLNNLNG. a :ketch :lowing:aid 21.563 acre tract for RS4.5 Zoning being attached hereto a: Exhibit EXHIBIT -A- Page 2 of 2 A"Page_2of_2 Page 4 of 5 4 6A 611 7 S89' 17' 55' W 8 1259. 59�� 9 10 JOQ .-P1zz �. 1g m Cof db m .. 0 p a 2 z 0 11 12 13 14 15 16 17 N Are" Exhibit B N00.43' 18' W r CL RAND MORGAN 200. 05 1$ ROAD CFM 2292) N00' 41' 02' W 661 02' RS4. 5 ZONING TRACT, 21. 563 AC. SOO'41'43'E z CO r, 366. 53' O D 0Dr 0 0 A m W 0rN 143 vNN CO . O m SOO. 12' 41' E 0 c'� 49 72' z fU IJ fel, SOUTH PORTION OF 80 • ACRE TRACT, DOC. Na ri 2001007773, 0. R. 0 m EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1.-. 0 150' 300' 600' SCALES 1'= 300' BASS AND WELSH ENGINEERING CORPUS CHRISTI. TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB—ZONING4.5, JOB NO. 15058. SCALE: 1" = 300' PLOT SCALE: SMC, PLOT DATE: 11/09/18. SHEET 1 OF 1 Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0119-02 INFOR No. 18ZN1034 Planning Commission Hearing Date: January 9, 2019 Applicant & Legal Description Owner: NP Homes, LLC. Applicant: NP Homes, LLC. Location Address: 1752 Rand Morgan Road Legal Description: Being 21.563 acres out of Tract 1-A, Assessors Map, located on the east side of Rand Morgan Road, south of Leopard Street, and north of McNorton Road. Zoning Request From: "RS -6" Single -Family 6 District To: "RS -4.5" Single -Family 4.5 District Area: 28.29 acres Purpose of Request: To allow for reduced setbacks and smaller single-family lots. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RS -6" Single -Family 6 Vacant Medium Density Residential North "FR" Farm Rural Vacant Medium Density Residential South "RS -6" Single -Family 6 Low Density Residential Medium Density Residential East "FR" Farm Rural and "IH" Heavy Industrial Vacant and Heavy Industrial Heavy Industrial West"FR" "RE" Residential Estate and Farm Rural Vacant and Estate Residential Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for single-family residential uses. The proposed rezoning to the "RS -4.5" Single -Family 4.5 District is consistent with the Future Land Use Map, however not consistent with the adopted Comprehensive Plan (Plan CC) as a whole. Map No.: 058046 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 200 feet of street frontage along the Rand Morgan Road which is designated as an "A2" Secondary 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 �, I- 0 tii Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Rand Morgan Road "A2" Secondary Arterial 100' ROW 54' paved 100' ROW 45' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District to allow for reduced setbacks and smaller single-family lots. Development Plan: The subject property is 21.563 acres in size. The owner is proposing the construction of single-family homes. A submitted preliminary plat has indicated the construction of 109 single-family homes. Existing Land Uses & Zoning: The subject property is currently zoned "RS -6" Single - Family 6 District, consists of vacant land, and has remained undeveloped since annexation in 1962. The subject property was recently rezoned from the "FR" Farm Rural district and the "IH" Heavy Industrial District to the "RS -6" Single -Family District in 2016. To the north is undeveloped vacant property zoned "FR" Farm Rural District. To the south is a single-family residential residences (McNorton 2, 1947) to the zoned "RS - 6" Single -Family 6 District. To the east are large acre single-family properties zoned "RE" Residential Estate District and "FR" Farm Rural District. Across Rand Morgan Road are single-family residences (Northwest Crossing, 2001) and Tuloso-Midway Intermediate School. To the west is a vacant tract zoned "FR" Farm Rural District and a large industrial area zoned "IH" Heavy Industrial District. The industrial area consists of the former Celanese Technical Center and Sam Kane Beef. 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: 16 -inch C905 line located along Rand Morgan Road. Wastewater: 8 -inch PVC line located along Rand Morgan Road, south of the subject property. According the submitted preliminary plat, wastewater access will be through McNorton Street that serves the subdivision to the south. Gas: 2 -inch Service Line located along Rand Morgan Road. Storm Water: No inlets located along Rand Morgan Road. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for single-family residential uses. The proposed rezoning to the "RS -4.5" Single -Family 4.5 District is consistent with the Future Land Use Map, however not consistent with the Staff Report Page 3 adopted Comprehensive Plan (Plan CC) as a whole. The following policies should be considered: • 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 lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Support the separation of high-volume traffic from residential areas or other noise -sensitive land uses (Future Land Use, Zoning, and Urban Design Policy Statement 3). • 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). • Promote interconnected neighborhoods with appropriate transitions between lower -intensity and higher -intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Incompatible industrial and commercial land uses should not abut residential areas. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. (Corpus Christi Policy Statements, Land Use, Residential Policy Statement i.) Department Comments: • The proposed rezoning "RS -4.5" Single -Family 4.5 District is consistent with the Future Land Use Map, however not consistent with the adopted Comprehensive Plan (Plan CC) as a whole. • The proposed rezoning is incompatible with neighboring properties and with the general character of the surrounding area. The proposed "RS -4.5" District constitutes an increase in density of single-family homes which is incompatible with the "RS -6" District residential subdivision to the south and the large industrial properties to the east. The proposed "RS -4.5" District is also incompatible with the large "FR" Farm Rural District property (approximately 57 acres) to the north and the adjacent one -acre tract single-family residences to the west zoned "RE" Residential Estate District. • Additionally, all of the higher density single-family residential neighborhoods are located to the west of Rand Morgan Road and across the road from the subject property and there is sufficient interconnectivity between neighborhoods. The Staff Report Page 4 subject property is isolated with no possible connectivity with the single-family neighborhood to the south. • This rezoning does have a negative impact upon the surrounding neighborhood. An increase in density next to the large tract heavy industrial facilities will potentially subject additional residential homes to hazards such as: noise, smoke, vibration, dust, and odors. • Granting this rezoning to the "RS -4.5" Single -Family District encourages future rezoning cases, specifically the 57 acre vacant tract to the north for higher density development in close proximity to the large industrial facilities which could compromise public health and safety. • During the previous rezoning case in 2016, staff made the following points: o Rand Morgan Road is essentially the dividing line between the planned industrial used lands and residentially used land on the Future Land Use map. o The subject property has not developed under the current adopted Future Land Use Plan designation and the existing zoning. o The McNorton Subdivision to the south of the subject property is designated as a "neighborhood in transition" in the Port/Airport/Violet Area Development Plan (ADP) since the neighborhood is surrounded on three sides with industrial uses or zoning. The term "In Transition" in the ADP suggests that the location of the McNorton Subdivision is not an ideal residential location due to potential negative impacts from industrial used or zoned property. o The proposed 6+ acre buffer proposed by the applicant may be sufficient to protect the proposed residential subdivision from the negative impacts of the abutting "IH" Heavy Industrial zoned property. o Staff is of the opinion that the applicant has made a significant effort to address Comprehensive Plan land use issues by proposing the "FR" Farm Rural District as a protective buffer to the neighborhood. Therefore, a change to the Future Land Use Plan map is warranted. • Considering the points made in 2016, to increase the density from "RS -6" to "RS - 4.5" would allow the potentiality of 42 additional homes at maximum build -out. Should the property be rezoned to the "RS -4.5" District a new plat could be submitted allowing up to a maximum of 167 single-family residences which is an increase in density by 33%. Current maximum build -out at the "RS -6" District density is 125 single-family homes which is allowed by -right today. • The submitted preliminary plat identifies 109 units. However of these units, 13 units (i.e. 12%) are not conforming to the "RS -6" land development requirements either due to lot size or setback requirements. • A 230' wide buffer area was established during the previous rezoning case in 2016 to the adjacent industrial areas. • The former Celanese Technical Center is zoned "IH" Heavy Industrial District and is currently for sale. The facility consists of 200,000 square feet, 11 buildings, and 100 acres of office space, warehouse and laboratory space. • Lastly, a third of mile to the northeast is Sam Kane slaughterhouse and meat packing plant. Within the last 5 years, 135 separate violations for Air Quality have been filed with the Texas Commission on Environmental Quality (TCEQ). Staff Report Page 5 Planning Commission Recommendation (January 9, 2019): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Staff Recommendation: Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Vote Results: For: 4 Opposed: 3 Absent: 2 Abstained: 0 Public Notification Number of Notices Mailed — 39 within 200 -foot notification area 6 outside notification area As of January 4, 2019: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 1 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0119-02 NP Homes, LLC\Council Documents\CC Report_0119-02 NP Homes, LLC.docx RS - G Staff Report Page 6 ° PMCNORTOLI RD CG -7 RS 100 30 Di r CNN ran:asnl rae Is — Rap/MST :VIM EFparmwnrornerelopman rsawlw. CASE: 1119-02 ZONING & NOTICE AREA : _n:p HI -6 NJ:/enINE ON TrJlt ccbeal061No Rat -Ai NVIIYamlh Ai CN.1 INghhorhuod Ccmme Mal CN -2 NeIRhor■ood CommerNal CR -1 Re Lod Commerobl CR -2 Re m.11 Commerolal CO -1 General Commercial CO -4 General Commercial CI Nbn[h» Cnmmemlal CRD Oownlown Commerolal CR -Is Rewe Commerolal FR Farm Rural Nel«NDw Nay 12N Lbw... Park IL 13131AINMNi1S 1 -r:v, 1ndlIMal PLD = 0Orel Box Overtal R4-12.. : ".4 a Fal b 11 Rib '1a6=Nye Rt -1.5 1— tiiemb{6 Ra-ir i:.o 'am* A-ra1ly 16 RE16 :r RETH I:'3PADl110 RJ Fa,,t 2.'.- - =. IDI 8.01-C1=me=Y M ^.AO SxRr HAw 4 Orners 0,1200 Wed Y OMyles` raerrW ave Ali cppoaCbe, • l� SUBJECT p PROPERTY LOCATION MAP' Catyof �.d�j>nuu e 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 at (361) 826-3240. Personas con incepacidades, que tienen la intention de asistir a esta junta y que requieren servicios especiales, se les suplica clue den avisp 4Ps horas antes de la junta Ilamando al deoartamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durance la menta y sat ingless es limitedo. favor de Ilamar al departamento de servicios de desarrollo al numer0 (361) 826-3240 al menos 48 horas antes de la junta para solicilar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0119-02 NP Homes, LLC: has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 1752 Rand Morgan Road and being 21.563 acres out of Tract 1-A, Assessors Map, located on the oast side of Rand Morgan Road, south of Leopard Street, and north of McNorton 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 recuest to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, January 9, 2019, 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. Pr need Name: HC (1.4-r n Uq ve 2 Address: J 1 g ID 3' k c.o b. City/State: 6.cfuu C',~ rr (l 74A • IX) IN FAVOR ( ) IN OPPOSITION Phone' 361 — Zy12-Ote011 REASON: .SEE MAP ON REVERSE SIDE INFOR Case No.: 182N1034 Property Owner ID: 19 Case No, 011902 Protect Manager. Andrew Dimas Email: andrewd2 •cctexas con Staff Report Page 8 Persons with disabilities planning to attend this meeting, who may require special services, are reques ed to contact the Development Services Department at least 48 hours in advance at (361) 826-3240 Personas con incapacidades, gue tienen la intencitn de asistr a este iunta v oue reouieren servr'c os especiales. se les suplicsa clue den aviso 48 hares antes de la iota llamando al departamento de servicios de desarrollo, al ntimero (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 dirigrse a la commission durante la junta v su in4ds es Iimitad . favor de Hamar al a m=nt• de servicios d, • =-rr.CI..1 n'1 r• 4r I meno 4 •r. n de la 'unta .ara solicitar un intesrprele ser presence durance la junta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0119-02 NP Homes, LLC: has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as. 1752 Rand Morgan Road and being 21.563 acres out of Tract 1-A, Assessors Map, located on the east side of Rand Morgan Road, south of Leopard Street, and north of McNorton Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, January 9. 2019, 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 BECOMFS 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: Tu ,a - i I tLAL1Laa 1 i .D Address: e6 City/State: CGL I; 78141a ( ) IN FAVOR (0/IN OPPOSITION REASON: sc� a err SEE MAP ON REVERSE SIDE INFOR Case No.: 18ZN1034 Property Owner ID. 0 Phone: `f D3- H �d re Case No. 0119.02 Project Manager: Andrew Dimas Email: andrewd2©cclexas.com Staff Report Page 9 January 2, 2010. To Whom It May Concern, Tuloso-Midway Independent School District stands "in opposition to the rezoning case no. 0119-02" due to the existing traffic conditions on Rand Morgan Road. T -M Intermediate School is located in NW Crossing and traffic conditions on Rand Morgan and the existing neighborhood located around the school can be extremely congested in the morning and afternoon. It is not uncommon for traffic to be backed up to Leopard Street and beyond due to parent drop off and pickup; in addition, you have larger vehicles stopped at the traffic Tight on Leopard and Rand Morgan trying to go to Sam Kane. These conditions are often very frustrating and with no sidewalks located along Rand Morgan Road parents and students have to walk in the bar -ditch to get to school compounding the District's safety concerns. Meetings have been held with City leadership and the State Department of Transportation to discuss the school district's concerns and requests for improvement. Until Rand Morgan is widened (similar to McKenzie Road) the District will stand "in opposition" until any further improvements are made to the existing intra -structure to handle the increased numbers due to the additional residences in this rezoning case. We will be happy to discuss our concerns further if you have any additional questions. Rodney Sumner, T -M ISD Superintendent of Schools Zoning Case #0119-02 NP Homes, LLC. Rezoning for a Property at 1752 Rand Morgan Road City Council Presentation February 12, 2019 Aerial Overview SUBJECT PROPERTY • . 4 r•il .41,4*,• ..: IIII: U.,. ...11101.• to ' 6,11.0:101iiiiirot44.;".ii..;1‘. .•1r4fr ..% ::.1k.lik;:arik.._.! . :it.: : . 1 : 4 :• i.: -.t t ii: ‘,. .,,-•, ,• - ••• • • • . • • '. ' +4•1, .•...' ,„ ..J w••',1t4'0....•.“3:..-..'.k.-._..it". ..M°- 1.*t.1a.-•'.l4k*1.1*A!•f.1a6..1..t.T:.,.k.1i•. ,, .. . ..-0.•t. . 2;41..zI.. , ,, i.,ft..g.'.0 1it ",S,.b•• r"..i.e_.,' r ,. V -'-I' N '.,'. .. l. Ii,lAti.t.io* r i4r.-.. g,ri. • , _.4• -, • 4 -lit,lk41 • 31 t'j4i,:r. 4'ct,..t;t-*. • .! 1 • i r• ** 4406 Ilikat tfilidialgi-idwo .7 e* / , 1 •• Ala,ZillaCiiM Subject Property at 1752 Rand Morgan Road -G VIIG TRL F R -r•ria71-0,4-1For., • gi2590Y Rs. PROPERTY S - it T. Li•-•• • .• • •,-r••••• oRTord. RD ,;„••• • . • ••••! ••,,s • S 4, rr. •- Vicinity Map N At (c) OpenStr eetr,la p ncl zontr. ibutcrs Creative Com mons -Share Al ke • License ICC -BY -3A} 3 Zoning Pattern ROo5 MCA 'A0 -6 662 2001 R0-405 200001 RO-4o5 2©11 8 R8-05 0 rf O IRE 23117 outtc E E PEOPERTT �a�a�0(52 1992 FR 00110 CCA F©msr CSh1®W Gloag Sx FR ,t A2-6 g1 O Recommendations Planning Commission Recommendation: Approval of the "RS -4.5" Single -Family 4.5 District Staff Recommendation: Denial of the "RS -4.5" Single -Family 4.5 District Public Notification 39 Notices mailed inside 200' buffer 6 Notices mailed outside 200' buffer Notification Area Opposed: 1 (0.00%) T -M ISD Opposed In Favor: 1 FR RS 28 CG RS 6 �ua cc Diu CP3.0: 1221lL018- Pfepele0 6Y:n a (.) Wpimren: or Develop? n:suvw. MARSHALL RD UDC Requirements 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 SUBJECT pQoOpC RW Water: 8 -inch C900 Line M Wastewater: 8 -inch PVC Gas: 4 -inch Service Line Storm Water: Road side drainage along SH 286 and Martin Street. Industrial Areas SUBJECT CT PROPERTY 9 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 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 "RM-1/SP" Multifamily 1 District with a Special Permit (Tract 1), the "RM -1" Multifamily 1 District (Tract 2), and the "CN -1" Neighborhood Commercial District (Tract 3) WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Carmelite Sister ("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, February 12, 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 "RM-1/SP" Multifamily 1 District with a Special Permit (Tract 1), to the "RM -1" Multifamily 1 District (Tract 2), and to the "CN -1" Neighborhood Commercial District (Tract 3) (Zoning Map No. 043038), as shown in Exhibits "A", "B", and "C". Exhibit A, is a metes and bounds description and map of Tract 1 of the Property, and Exhibit B, is a metes and bounds description and map of Tract 2 of the Property, and Tract C, is a metes and bounds description and map of Tract 3 of the Property. All are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are as defined by the Unified Development Code (UDC) in Section 5.1.5.E "Medical Facility" except blood plasma donation center, Minor Emergency Center, or Hospital, Section 5.1.4.0 "Office", Section 5.1.4.F "Restaurant" except with or without a drive-through or drive-in facility as an accessory use, and Section 5.1.4.G "Retail Sales and Service" except convenience goods. 2. Driveways: The crossing for vehicular access over the Carmel Parkway drainage ditch is prohibited. 3. Dumpsters: All dumpsters or refuse receptacles shall be screened from view from any public right-of-way. 4. Lighting: All lighting must be shielded and directed away from single-family residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. 5. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 6. Hours of Operation: The hours of operation shall be limited to 6:00 AM to 9:00 PM. 7. Landscaping: In lieu of a standard buffer yard, a yard consisting of a row of canopy trees with a minimum of a 2 1/2" caliper shall be placed 30 feet on center along the property line shared with the drainage ditch. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twenty-four (24) months of this ordinance, unless a complete building permit application has been submitted or, a certificate of occupancy or UDC compliance has been issued. 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\1218-01 Carmelite Sisters\Council Documents\Ordinance_l218-01 Carmelite Sisters.V.2.docx Page 2of4 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 4 Page 4 of 4 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 February 12, 2019 Zoning Concept Updated Recommendation Tract 1: "RM-1/SP" Multifamily District with a Special Permit Tract 2: "RM -1" Multifamily District Tract 3: "CN -1" Neighborhood Commercial District Special Permit Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are as defined by the Unified Development Code (UDC) in Section 5.1.5.E "Medical Facility" except blood plasma donation center, Minor Emergency Center, or Hospital, Section 5.1.4.0 "Office", Section 5.1.4.F "Restaurant" except a drive- through or drive-in facility as an accessory use, and Section 5.1.4.G "Retail Sales and Service" except convenience goods. 2. Driveways: The crossing for vehicular access over the Carmel Parkway drainage ditch is prohibited. 3. Dumpsters: All dumpsters or refuse receptacles shall be screened from view from any public right-of-way. 4. Lighting: All lighting must be shielded and directed away from single- family residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. Special Permit Conditions 5. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 6. Hours of Operation: The hours of operation shall be limited to 6:00 AM to 9:00 PM. 7. Landscaping: In lieu of a standard buffer yard, a yard consisting of a row of canopy trees with a minimum of a 2 '/2" caliper shall be placed 30 feet on center along the property line shared with the drainage ditch. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twenty-four (24) months of this ordinance, unless a complete building permit application has been submitted or, a certificate of occupancy or UDC compliance has been issued. The Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Zoning Options Planning Commission and Staff Recommendation Alternative Proposal 6 Background Information 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 - "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) 11 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 Public Notification 37 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Notification Area Opposed: 10 (9.28%) In Favor: 0 13 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. Utilities • Water: 6 -inch PVC Line • Wastewater: 8 -inch VCP • Gas: 2 -inch Service Line • Storm Water: Road side drainage and Carmel ditch 15 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 Historic Preservation 1965 Present Day Historical c.1956 AGENDA MEMORANDUM Action Item for the City Council Meeting 2/12/2019 DATE: February 8, 2019 TO: Mayor and City Council FROM: Keith Selman, Interim City Manager KeithSe(a�cctexas.com 361.826.3898 Resolution to Adopt the City Council Vision Elements for 2019-2020 CAPTION: Resolution to adopt the City Council Vision Elements for 2019-2020. PURPOSE: To adopt the strategic priorities and key action items that resulted from the 2019 City Council Retreat. BACKGROUND AND FINDINGS: The firm of P3 Partners was selected through an RFP process to facilitate the 2019 City Council Retreat. On January 28 and 29, 2019 a City Council Retreat was held for the purpose of establishing goals and priorities that will serve as a guide for the City Manager in the execution of City Council's vision. Through numerous discussions and team building exercises, a manageable set of strategic priorities (able to be accomplished within a two year term) were identified. Key action items to keep staff on track in executing the priorities throughout the term, were also identified. ALTERNATIVES: Council may choose not to adopt these Vision Elements. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Adoption of this Resolution adheres to Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: City Manager, Legal 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: None RECOMMENDATION: Staff recommends approval of this item. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation — City Council Vision Elements for 2019-2020 Resolution to Adopt the City Council Vision Elements for 2019-2020 Whereas, the City Council conducted a retreat on January 28, 2019 through January 29, 2019 at which time the City Council discussed and developed City Council Vision Elements for 2019-2020; Now, therefore, be it resolved by the Corpus Christi City Council: Section 1. The City Council adopts the City Council Vision Elements for 2019-2020, a copy of which is attached hereto. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas day of , 2019 Joe McComb Mayor The above resolution was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith CITY COUNCIL VISION ELEMENTS FOR 2019-2020 Page 1 of 2 Vision Element #1: Residents Live in Relative Safety and Comfort A. Establish a long-term sustainable plan for Police and Fire Departments. B. Improve preventative maintenance, or create preventative maintenance plans, for City assets. C. Develop a long-term sustainable plan for residential (and arterial and collector) streets. D. Improve enforcement of code violations (shorter response time, more aggressive response). Vision Element #2: Infrastructure and Public Services Rated Sound, Reliable Fiscally Responsible A. Create an uninterruptible water supply; complete a plan for criteria to move forward on a supply after studies are completed. B. Review the City's storm water drainage funding: determine how to fund storm water needs and how to best manage the City's storm water budget (including its governance model), as well as establish and/or update a long-term plan for program. C. Develop a comprehensive listing of infrastructure needs to address future population growth in Corpus Christi, and evaluate the City's continued growth areas and projects that may be required in the future. D. Review and consider a restructure of development fees. Vision Element #3: Greater Downtown (including North Beach) Increasingly Vibrant, Natural Assets Strengthened A. Simplifying, clarifying, and problem -solving within its regulatory environment for the building, rehabilitation, and development of downtown and for events held across the City; improve user-friendliness and accelerate the regulatory approval process. B. Collaborate with Texas A&M Corpus Christi on a 3 -year plan for a University presence downtown. CITY COUNCIL VISION ELEMENTS FOR 2019-2020 (continued) Page 2 of 2 C. Reduce vagrancy to increase feelings of safety among Corpus Christi residents, visitors, and employees, and reclaim the City's assets such as its seawall, beaches, and downtown parks (measured by an increase in foot traffic and improved survey findings on nighttime safety). D. Enhance the City's entertainment corridor and its facilitation of special events, increasing revenue to downtown tenants, and increasing attractiveness to users. E. Develop a strategy regarding North Beach improvements including funding options and evaluation of best ways to improve North Beach. Vision Element #4: New Residents and Businesses Increase Community Prosperity; Community Satisfaction with City Skyrockets A. Improving Development Services' performance by requiring them to meet or exceed existing standards; if not corrected within 12 months, the City should look to outsource these (similar to the City of Portland, Texas). B. Housing initiative: Modify existing codes to facilitate the improvement of older structures (homes) to create a safety code that does not require full compliance with current code; and authorize the use of surplus City property for housing development by the end of current Council terms via an approved policy. C. Improve the cleaning, maintenance, brand, and the range of allowable activities on beaches (especially water sports) resulting in a more satisfied customer. D. Reform/improve Parks and Recreation operations to improve activity options within the City including a plan of action from staff to ensure progress and improvements, including department restructuring as needed. E. Improved customer satisfaction ratings on subsequent surveys. City Council Vision Elements for 2019-2020 Council Presentation February 12, 2019 Vision Elements for 2019-2020 Term 1. Residents Live in Relative Safety and Comfort 2. Infrastructure and Public Services Rated Sound, Reliable Fiscally Responsible 3. Greater Downtown (including North Beach) Increasingly Vibrant, Natural Assets Strengthened 4. New Residents and Businesses Increase Community Prosperity; Community Satisfaction with City Skyrockets Priorities within Vision Elements 1. Residents Live in Relative Safety and Comfort A. Establish a long-term sustainable plan for Police and Fire Departments. B. Improve preventative maintenance, or create preventative maintenance plans, for City assets. C. Develop a long-term sustainable plan for residential (and arterial and collector) streets. D. Improve enforcement of code violations (shorter response time, more aggressive response). Priorities within Vision Elements 2. Infrastructure and Public Services Rated Sound, Reliable, Fiscally Responsible A. Create an uninterruptible water supply; complete a plan for criteria to move forward on a supply after studies are completed. B. Review the City's storm water drainage funding: determine how to fund storm water needs and how to best manage the City's storm water budget (including its governance model), as well as establish and/or update a long-term plan for program. C. Develop a comprehensive listing of infrastructure needs to address future population growth in Corpus Christi, and evaluate the City's continued growth areas and projects that may be required in the future. D. Review and consider a restructure of development fees. Priorities within Vision Elements 3. Greater Downtown (including North Beach) Increasingly Vibrant, Natural Assets Strengthened A. Simplifying, clarifying, and problem -solving within its regulatory environment for the building, rehabilitation, and development of downtown and for events held across the City; improve user-friendliness and accelerate the regulatory approval process. B. Collaborate with Texas A&M Corpus Christi on a 3 -year plan for a University presence downtown. C. Reduce vagrancy to increase feelings of safety among Corpus Christi residents, visitors, and employees, and reclaim the City's assets such as its seawall, beaches, and downtown parks (measured by an increase in foot traffic and improved survey findings on nighttime safety). D. Enhance the City's entertainment corridor and its facilitation of special events, increasing revenue to downtown tenants, and increasing attractiveness to users. E. Develop a strategy regarding North Beach improvements including funding options and evaluation of best ways to improve North Beach. Priorities within Vision Elements 4. New Residents and Businesses Increase Community Prosperity; Community Satisfaction with City Skyrockets A. Improving Development Services' performance by requiring them to meet or exceed existing standards; if not corrected within 12 months, the City should look to outsource these (similar to the City of Portland, Texas). B. Housing initiative: Modify existing codes to facilitate the improvement of older structures (homes) to create a safety code that does not require full compliance with current code; and authorize the use of surplus City property for housing development by the end of current Council terms via an approved policy. C. Improve the cleaning, maintenance, brand, and the range of allowable activities on beaches (especially water sports) resulting in a more satisfied customer. D. Reform/improve Parks and Recreation operations to improve activity options within the City including a plan of action from staff to ensure progress and improvements, including department restructuring as needed. E. Improved customer satisfaction ratings on subsequent surveys. Questions? AGENDA MEMORANDUM City Council Meeting of February 12, 2019 DATE: TO: Mayor and Council February 6, 2019 FROM: Rebecca Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Discussion with possible action regarding the Process for City Charter Review. CAPTION: Discussion with possible action regarding the Process for City Charter Review. PURPOSE: The purpose of this presentation is to discuss the process for reviewing the City Charter. BACKGROUND AND FINDINGS: On January 8, 2019, Council Member Ben Molina requested an item be placed on a future agenda to discuss the creation of a Charter Review Committee. This presentation will provide background information on previous discussions regarding charter reviews and ask for Council direction on how to proceed with the review. SUPPORTING DOCUMENTS: Discussion Questions PowerPoint PROCESS FOR CITY CHARTER REVIEW DISCUSSION QUESTIONS I. Who would lead the comprehensive review of charter? A. By outside counsel — "charter specialist" B. By in-house legal staff C. Charter commission with legal support (in-house or outside counsel) II. Proposal process A. Council action — Council can, by majority vote, order a charter amendment election and propose amendments. B. Citizen petition — Council submits a proposed amendment to the voters if the amendment is supported by a petition signed by 5% of qualified voters in the city. C. Review Committee — The committee can only make recommendations to the Council. The Council must forward the recommendation to the voters. III. What appointment process would the Council prefer for the Charter Review Committee? A. "All members to City Council ad hoc committees will be appointed by the Mayor or a majority of the Council." B. Selection of chair — By the committee, by the Mayor, or by the full Council? IV. Areas to be considered — What is the scope of the review? A. City Council 1. Structure — 5 Single -Member Districts/ 3 At -Large/ 1 Mayor 2. Term of office 3. Term limits — Policy question that has no legal requirements. i. Consecutive ii. Cumulative 4. Qualifications i. Age ii. Residency 5. Disqualifications i. Debt ii. Convictions iii. Misconduct iv. Absences B. Vacancies C. Initiative, Referendum and Recall D. Other areas? V. Target Election Date A. 2019 — Uniform election date 1. May — Deadline to order election is February 15. 2. November — Deadline to order election is August 2019. B. 2020 — Uniform election date 1. May 2. November Charter Review Process REBECCA L. HUERTA, CITY SECRETARY FEBRUARY 12, 2019 Background November 1, 2016 - Resolution No. 031000 "the City of Corpus Christi will conduct a comprehensive review of the Corpus Christi City Charter to ensure that terms and term limits are clear and satisfy the intent of the voters. The review will be provided to the next Charter Commission in order to hold an election of said issues at the next available election date authorized under state law." November 4, 2016 - Charter Amendment Election ■ Scope of the review 1) Review of Article 11, City Council, with a focus on lengthening elected terms of office. 2) Options for funding reconstruction and maintenance of residential streets. 3) "Housekeeping items" proposed by staff. ■Charter Review Committee was appointed in Sept. 2015. 2 Background November 4, 2016 - Charter Amendment Election (con't.) ■ Met 8 times - Last meeting on June 2, 2016. ■ Committee recommended 11 propositions o Term length was discussed but a recommendation was not made. ■ Council placed 9 propositions on the ballot — all passed. March 28, 2017 - Briefing to discuss process for City Charter Review ■ City charters cannot be amended more often than every two years (exactly 730 days). (Tx Const.) ■ First available uniform election date — May 4, 2019 ■ Discussion regarding target election date, but no clear consensus (November 2019 or November 2020) ■ "Comprehensive" review of the Charter. 3 Background March 28, 2017 - Briefing to discuss process for City Charter Review (con't.) ■ Charter review committee would be created & composed of citizens with in-house legal support. ■ Simplify the language in the charter / clarify terms & term limits. ■ Committee appointment process was discussed. Individual council members would make nominations, subject to confirmation by the full Council. City Council would appoint the chairperson. ■ Council would revisit issue after May 2017 special election for mayor. July 11, 2017 — Council Member Lucy Rubio made a motion of direction to add a future agenda item regarding the appointment of the Charter Review Commission. 4 Background September 12, 2017 — Discussion regarding appointments to Charter Review Ad Hoc Committee • Presented case study of the last "comprehensive" review of the Charter in 2008-09. • Based on most recent historical data, a 10- to 12 -month period for committee review would be reasonable. • Discussed pros and cons of uniform election dates (May or November) in 2019 or 2020. • Define "comprehensive review" and decide on a target election date. • Council deferred action until after the November 2018 general election. • 1 • '11`A, 5 Discussion Questions 1) Who would lead the review? 2) Proposal process? Council Action or Create a Committee. 3) Process to appoint committee members? (if a committee 4) Areas to be considered? — Scope of the review 5) Target election date? o2019 — November 5, 2019 oLast day to call for May 4, 2019 Election is February 15. o2020 — May or November 6 Questions? 7 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 12, 2019 Second Reading Ordinance for the City Council Meeting of February 19, 2019 DATE: January 30, 2019 TO: FROM: Keith Selman, Interim City Manager Mike Markle, Chief of Police mikemacctexas.com 886-2603 Accepting and appropriating the Victims of Crime Act (VOCA) Outreach Program grant to continue the program in the Police Department CAPTION: Ordinance authorizing execution of all documents necessary to accept $216,469.70 grant from State of Texas, Criminal Justice Division for Victims of Crime Act Outreach Program with City match of $13,637.43 and in-kind match of $40,480 from Police Grant Fund; appropriating the $216,469.70 in Police Grants Fund for the VOCA Outreach program; and authorizing transfer of $13,637.43 from the General Fund to the Police Grants Fund and appropriating the same for total project cost of $270,587.13. PURPOSE: Funding is available from the State of Texas, Criminal Justice Division, which provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The Victim Assistance Program Community Outreach grant is designed to assist victims in stabilizing their lives after victimization. In high crime rate districts, many victims are resistant to cooperation with law enforcement and the criminal justice system due to the emotional and physical impact of the crime. The grant provides funding for a licensed counselor Victim Case Manager to provide community outreach to identify resistant or reluctant victims of crime and assist victims in understanding and participating in the criminal justice system. Through public presentations, multi -disciplinary meetings and legal advocacy, the case manager will provide crisis intervention and follow up services in order to establish rapport and build resiliency of victims in districts at high risk for violence. A Staff Assistant will keep accurate and timely records, including information properly entered into database systems. The State provides for the salary/benefits of one Victim Case Manager, one Staff Assistant, equipment, supplies, training, and mileage, volunteer hours contribute in-kind contribution, and the City contributes for office supplies, postage, mailouts, and training fees as the required match. The funding is not on a declining percentage or ending funding cycle. This grant period is for 10/01/2018 to 9/30/2020. ALTERNATIVES: None OTHER CONSIDERATIONS: 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 $13,637.43 $13,637.43 BALANCE $13,637.43 $13,637.43 Fund(s): General Fund, Cash contribution to grants Comments: RECOMMENDATION: Staff recommends acceptance of the grant application and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award letter Ordinance authorizing execution of all documents necessary to accept $216,469.70 grant from State of Texas, Criminal Justice Division for Victims of Crime Act Outreach Program with City match of $13,637.43 and in-kind match of $40,480 from Police Grant Fund; appropriating the $216,469.70 in Police Grants Fund for the VOCA Outreach program; and authorizing transfer of $13,637.43 from the General Fund to the Police Grants Fund and appropriating the same for total project cost of $270,587.13. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $216,469.70 to continue the Victims of Crime Act (VOCA) Outreach Program within the Police Department with a City match of $13,637.43 and an in-kind match of $40,480 from the No. 1020 Police General Fund SECTION 2. That $216,469.70 grant is appropriated in the No. 1061 Police Grants Fund to continue the Victims of Crime Act (VOCA) Outreach Program in the Police Department. SECTION 3. The transfer of $13,637.43 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of $270,587.13. 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 Office of the Governor Page 1 of 2 Statement of Grant Award (SOGA) - - - - - - - - - - - -- - - - - - - - The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and Budget/Details' tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public '.. Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: CFDA: Federal Awarding Agency: 2677105 1/18/2019 -. 10/01/2018 09/30/2020 12/29/2020 VA -Victims of Crime Act Formula Grant Program Corpus Christi, City of Victim Assistance Community Outreach Vanessa Galvan 069457786 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: $216,469.70 $13,637.43 $40,480.00 $270,587.13 16.575 - Victims of Crime Act Formula Grant Program U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime Federal Award Date: 8/9/2018 FederaUState Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: Federal/State Award Description: 2018-V2-GX-0040 $284,101,321.00 Texas Office of the Governor — Criminal Justice Division (CJD) No This grant award provides funds from the Crime Victims Fund to enhance crime victim services in the State. Victims of Crime Act (VOCA) assistance funds are typically competitively awarded by the State to local community-based organizations that provide direct services to crime victims https://egrants.gov.texas.gov/project/accept.aspx?i1=8&gh=E7-F4-FC-27-1 C -2C -A4 -AA-... 1/18/2019 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 12, 2019 Second Reading Ordinance for the City Council Meeting of February 19, 2019 DATE: January 18, 2019 TO: Keith Selman, Interim City Manager FROM: Annette Rodriguez, MPH, Director of Public Health Annetter@cctexas.com 361.826.7205 Acceptance and appropriation of the 2017 Hurricane Public Health Crisis Response Cooperative Services Grant Contract CAPTION: Ordinance accepting and appropriating grant from the Texas Department of State Health Services for the 2017 Hurricane Public Health Crisis Response Cooperative Agreement Grant in the amount of $420,842. PURPOSE: To accept and appropriate a grant contract for the Hurricane Public Health Crisis Response Cooperative Services grant in the amount of $420,842, from the Texas Department of State Health Services (DSHS) in the No. 1066 Health Grants Fund, to provide funding for the 2017 Hurricane Crisis Project which addresses issues in the areas of First Responder Immunizations; Immunizations Cold Chain Needs; Foodborne, Waterborne, & Environmental Disease; Infection Control and Prevention; Traditional and Novel Vector Control and Environmental Health for the contract period beginning at the execution of this grant through June 30, 2020. BACKGROUND AND FINDINGS: DSHS has awarded a grant to the CCNCPHD in the amount of $420,842 to provide for personnel costs, supplies and other expenses to offer services and associated activities which addresses issues in the areas of First Responder Immunizations; Immunizations Cold Chain Needs; Foodborne, Waterborne, & Environmental Disease; Infection Control and Prevention; Traditional and Novel Vector Control and Environmental Health within the jurisdiction of the CCNCPHD. ALTERNATIVES: Not to accept grant funding. OTHER CONSIDERATIONS: None. FINANCIAL IMPACT: Operating x Revenue El Capital Not applicable Fiscal Year: 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 420,842.00 420,842.00 Encumbered / Expended Amount This item 420,842.00 420,842.00 BALANCE Fund(s): Health Grants Comments: RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings for approval and appropriation. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS000371500016 Ordinance Ordinance accepting and appropriating grant from the Texas Department of State Health Services forthe 2017 Hurricane Public Health Crisis Response Cooperative Agreement Grant in the amount of $420,842. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a total grant amount of $420,842.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period beginning at the execution of this grant through June 30, 2020, to provide funding for the Hurricane Harvey Crisis Project which addresses issues in the areas of First Responder Immunizations; Immunizations Cold Chain Needs; Foodborne, Waterborne, & Environmental Disease; Infection Control and Prevention; Traditional and Novel Vector Control; and Environmental Health. Section 2: Authorizing the appropriation of $420,842.00 grant program funds in the No. 1066 Health Grants Fund. Section 3: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 4: A copy of the executed grant shall be filed in the office of the City Secretary. 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 DocuSign Envelope ID: 272A2582-D4C7-41 BF-B7E0-FEIF7722a0EB SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. HHS000371500016 UNDER THE 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT I. PURPOSE The DEPARTMENT OF STATE HEALTH SERVICES ("DSHS" or "System Agency"), a pass-through entity, and CORPUS CHRISTI-NUBCES COUNTY PUBLIC HEALTHDISTRICT (CIT 1') ("Grantee" or "Contractor") (each a "Party" and collectively the "Parties") enter into the following grant contract to provide funding for the Hurricane Harvey Crisis Project (the "Contract"), as described in Attachment A. Statement of Work. II. LEGAL AUTHORITY This Contract is made in accordance with awards by the Centers for Disease Control and Prevention (CDC-RFA-TPI8-1802 — Cooperative Agreement for Emergency Response: 2017 Hurricane Public Health Crisis Response, Funding Opportunity Number: CDC-RFA-TP18-1802, CFDA #93.354), which is incorporated herein by reference, and is authorized by and in compliance with the provisions of Texas Health and Safety Code Chapter 12 or 1001 or Texas Government Code Chapter 531, 771, 791 or 2155. III. DURATION This Contract is effective on the signature date of the latter of the Parties to sign this Contract and terminates on June 30, 2020, unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. The System Agency, at its own discretion, may extend this Contract subject to terms and conditions mutually agreeable to both Parties. IV. BUDGET The total amount of this Contract will not exceed ($420,842.00). All expenditures under the Contract will be in accordance with ATTACHMENT B. BUDGET. V. CONTRACT REPRESENTATIVES The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. System Agency Samiyah Bailey 1100 West 49th Street, MC 1990 Austin, Texas 78756 (512) 776-2614 samivah,bailev(re)dshs.texas.gov System Agency Contract No. HHS000371500016 Under the Page 1 of 6B 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE ACREEME.NT GRANT Docualgn Envelope ID: 272A2502-D4C7.41 BF•B7E0•FE1F77226060 Contractor Name: Corpus Christi-Nueces Comity Public Health District (City) Address: 1702 Home Rd., Corpus Christi, Texas 78416 Phone: 361-826-7205 Email: annetter@cctexas.com Either Party may change its designated Representative by providing written notice to the other Party. VI. LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Department of State Health Services 1100 West 49th Street, MC 1911 Austin, Texas 78756 Attention: General Counsel Grantee Name: Corpus Christi-Nueces County Public Health District (City) Address: 1702 Horne Rd., Corpus Christi, Texas 78416 Phone: 361-826-7205 Attention: Annette Rodriguez, MPH Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notice by written notice to the other Party. VII. ADDITIONAL GRANT INFORMATION Federal Award Identification Number (FAIN): 1 NU90TP921945-01-00 Federal Award Date: 7/3/2018 Name of Federal Awarding Agency: Centers for Disease Control and Prevention CFDA Number. 93.354 Awarding Official Contact Information: YuII Celestin 1600 Clifton Rd Atlanta, GA 30333 Phone: 404-639-7690 SIGNATURE PAGE FOLLOWS System Agency Contract No. HHS000371500016 Under the Page 2 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSIgn Envelope ID: 272A25132•D4C7-418F-27E0-FE1F772260EB SIGNATURE PAGE FOR DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. HHS000371500016 DSHS GRANTEE Name: Imelda Garcia Name: Annette Rodriguez, MPH Title: Associate Commissioner Title: Director of Public Health Date of execution: Date of execution: THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT NO. HHS000371500016 ARE HEREBY INCORPORATED BY REFERENCE: ATTACHMENT A - STATEMENT OF WORK ATTACHMENT 8—BUDGET ATTACHMENT B -I -INDIVIDUAL PROJECT BUDGET(S) ATTACHMENT C - HHSC UNIFORM TERMS AND CONDITIONS- GRANT ATTACHMENT D - CONTRACT AFFIRMATIONS ATTACHMENT E - DSHS SUPPLEMENTAL AND SPECIAL CONDITIONS ATTACHMENT F - FEDERAL ASSURANCES AND LOBBYING FORM ATTACHMENT G - FFATA CERTIFICATION ATTACHMENT 11- DATA USE AGREEMENT ATTACHMENTS FOLLOW Approved as to form 0-5/ ssistant City Attorne For City Attorney System Agency Contract No, HHS00037I 500016 Under the 2017 HURRICANE PUBLIC HEALTII CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT Page 3 of 68 DocuSign Envelope ID:. 212A2562 -04C7.41 BF•B7E0•FE1 F772260Ea ATTACHMENT A STATEMENT OF WORK I. GRANTEE RESPONSIBILITIES Grantee wilt: A. Complete the Hurricane Harvey Crisis Project (HHCP) by performing activities for this project that support the Public Health Crisis Response Cooperative Agreement for Emergency Response (Funding Opportunity Number CDC-RFA-TP18-1802) from the Centers for Disease Control and Prevention (CDC). B. Work to improve or strengthen one or more of the following objectives in accordance with their approved workplan (See para. C, below, for more information on Grantee's workplan requirements): 1. First Responder Immunizations Build immunization capacity within emergency responder organizations (public health, law enforcement, fire protection, emergency medical services, support organizations, and volunteer support organizations) within their jurisdictions and ensure that the emergency responders have the highest adult immunization coverage rate possible. Grantee will: a. Provide first responders with immunization -related educational materials addressing the importance of getting immunized. b. Embed the importance of getting immunized as a message within each first responder organization. c. Stress the importance of using ImmTrac2, the statewide immunization registry, as a means for tracking immunization status and staying up to date with immunizations. d. Coordinate the provision of regular immunization services through local pharmacies and Adult Safety Net (ASN) providers. e. Identify one or more Emergency Response Immunization Coordinators from the local health department (LHD) to dedicate to the project. f. Engage in monthly conference calls with the State Project Coordinator. g. Participate in State identified trainings for the LHD Emergency Response Immunization Coordinator. h. Identify Emergency Responder Facilities in the local jurisdiction. i. Secure participation from Emergency Responder Facilities. j. Identify Vaccine Site Coordinator(s) at each Emergency Responder Facility. k. Provide first responders with immunization -related educational materials addressing the importance of getting immunized, particularly targeting those first responders who respond to disasters but do not perceive the need to be immunized. 1. Educate Vaccine Site Coordinators on access to vaccine resources in the local community (e.g. pharmacies, primary care clinics, ASN sites, etc.). m. Provide information about resources on obtaining immunizations, regardless of insurance status. (This may include collecting insurance information for all responders and having information available on how to access immunization services based on coverage.) System Agency Contract No. HHS00037 1500016 Under the Page 4 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSign Envelope ID: 272A2582.D4C7-41BF-B7EO-FE1F772260EB n. Assist Vaccine Site Coordinators to complete the following: i. Ensure all personnel are vaccinated; ii. Ensure staff immunization records are up to date; and iii. Ensure immunization records are loaded into ImmTrac2 (if consented). o. Train the Vaccine Site Coordinators on the use of the Roster feature in InunTrac2. p. Stress the importance of having Vaccine Protocols to ensure first responder facilities adhere to the recommended adult immunization schedule. q. Identify Emergency Responder Facilities and submit a list of the facilities in the local jurisdiction with grant application. Emergency Responder Facilities include the following: i. Public Health Facility (e.g. local health departments, districts, etc.); ii. Emergency Medical Facility; iii. Law Enforcement Administrative Facility; and iv. Fire Protection Facility. r. Secure Statements of Interest and Participation from Emergency Responder Facilities included in the first responder facilities list. s. Document completion of the required activities noted in the work plan for each of the Emergency Responder Facilities reported via the LHD Monthly Reports. 2. Immunizations Cold Chain Needs LHDs in Texas Governor Abbott's Hurricane Harvey disaster declaration area will increase their capacity to provide support in maintaining the cold chain for vaccine supplies during emergencies, such as hurricanes. Grantee will: a. Conduct an assessment of storage and handling needs and submit requests to purchase equipment that will allow LHDs to 611 any gaps that may exist. b. Purchase equipment such as generators, high capacity refrigerators and freezers for vaccine storage, data loggers, remote temperature monitoring systems, plug guards, and other related items. c. Increase ability to provide support in maintaining the cold chain for vaccine supplies during emergencies, such as hurricanes. d. Submit a list of the applicant's current inventory of cold storage units, purchase dates and manufacture dates. e. Complete the Equipment for Vaccine Storage Form to select the type of equipment for which the applicant is seeking reimbursement. f. Adhere to the asset purchase rules and regulations under which funds to purchase equipment were acquired. g. Ensure vaccine storage equipment meets specifications outlined in the FY 2018 Texas Vaccines for Children & ASN Operations Manual for Responsible Entities. h. Submit receipt of purchase to DSHS for reimbursement of vaccine storage equipment. If the equipment price changes during the project period, the reimbursement amount cannot exceed 10 percent over the quote submitted in the application. LHD may be directed to submit a new Equipment for Vaccine Storage Form if the equipment cost exceeds 10 percent over the original estimate submitted in the application. i. Submit request for reimbursement for all equipment by December 31, 2019. System Agency Contract No. HHS00037I 500016 Under the Page 5 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT Docuslgn Envelope ID: 272A2562-04C7-418F-B7E0-FE1F772260EB 3. Foodborne, Waterborne, & Environmental Disease LHDs in counties included in Texas Governor Abbott's Hurricane Harvey disaster declaration will conduct a minimum of two of the below activities to enhance foodborne and waterborne surveillance and environmental health activities. Grantee will: a. Cross -train and educate staff in the LHD and adjoining jurisdictions about effective foodborne and waterborne disease surveillance to build expertise for detection, investigation, and reporting of foodborne and waterborne disease outbreaks commonly associated with hurricane disasters. b. Develop and/or implement standard foodbome and waterborne disease outbreak investigation protocols and tools facilitating coordinated responses to outbreak investigations that include epidemiologic, laboratory, and environmental health staff collaboration to be used during the recovery period following a hurricane event. Include strategies for training, review, and testing intervals of the plan. c. Develop an environmental assessment plan including an environmental sampling protocol for implementation during a hurricane disaster event that supports rapid detection of waterborne disease outbreaks. Include strategies for training, review and testing intervals of the plan. d. Develop a written plan for determining alternative laboratory diagnostic resources to monitor water quality, including guidance on appropriate techniques for sample collection as well as analysis of water and environmental samples. Include strategies for training, review, and testing intervals of the plan. e. Increase public awareness of foodborne/waterborne disease and prevention measures including development of health promotion materials and water- and food -related emergency preparedness planning materials. f. Foodborne i. Submit Foodborne Performance Metric Report which captures the number of select foodborne pathogens reported to LHDs, case -based interview statistics, and clusters/outbreaks investigated. Reporting timeframes and deadlines are referenced in the Reporting Requirements section of the Contact. ii. Report all foodborne, animal contact, and waterbome disease outbreaks to National Outbreak Reporting System (NORS), including environmental assessments and contributing factor data (reports into NORS due 30 days following closure of outbreak investigation). iii. Submit annual report on trainings attended and conducted by LHD staff on detecting, investigating, and controlling foodborne and waterborne disease outbreaks (due June 28, 2019, and June 30, 2020). iv. Develop and/or implement standard foodborne disease outbreak investigation protocols and tools to facilitate coordinated responses to outbreak investigations that include epidemiologic, laboratory, and environmental health staff collaboration to be used during the recovery period following a hurricane event. System Agency Contract No, HHS000371500016 Under the Page 6 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DoanSign Envebpe ID: 272A2582•D4C7.41BF•B7E0•FE1 F772260EB g. v. Report new and updated Foodborne health promotion and communication materials, and best practices guidance completed (due June 30, 2019). vi. Participate in quarterly conference calls with the Emerging and Acute Infectious Disease Branch (EAIDB) to provide updates, progress reports, and other necessary communications. vii. Submit an annual report documenting how the funds are enhancing foodbome surveillance and prevention activities (due June 28, 2019, and June 30, 2020). Waterborne i. Report water -related preparedness response measures incorporated into public health preparedness plan, to include: 1. Water -related preparedness health communication, before, during, and after an emergency; 2. Water testing capacity, including alternative laboratory resources to monitor water quality, and guidance on sample collection and analysis of water and environmental samples; and 3. An environmental assessment plan including an environmental sampling protocol for implementation during a disaster event (due June 28, 2019, and June 30, 2020). ii. Establish relationships, by reaching out and facilitating communication, with local water utilities to discuss both response and public health preparedness plans (due June 28, 2019). iii. Submit annual report on trainings attended and conducted by LHD staff on water, sanitation and hygiene -related topics (due June 28, 2019, and June 30, 2020). iv. Develop and/or implement standard waterborne disease outbreak investigation protocols and tools to facilitate coordinated responses to outbreak investigations that include epidemiologic, laboratory, and environmental health staff collaboration to be used during the recovery period following a hurricane event. v. Report new and updated water, sanitation and hygiene -related health promotion and communication materials, and best practices guidance completed (due June 28, 2019). vi. Participate in quarterly conference calls with the EAIDB to provide updates, progress reports, and other necessary communications. vii. Submit an annual report documenting how the funds are enhancing waterborne surveillance and prevention activities (due June 28, 2019, and June 30, 2020). 4. Infection Control and Prevention Enhance infection prevention and control expertise of healthcare facility staff through targeted training and education as they assume the responsibility of gap mitigation in their respective healthcare facilities. Grantee will: a. Infection Prevention and Control Training(s) System Agency Contract No. HHS000371500016 Under the Page 7 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DecoSign Envelope ID: 272A2582-04C7.41BFB7E0-FE1 F772260E13 Hold infection prevention and control training(s) and/or Certification in Infection Control (CIC) -prep class(es) conducted by the Texas Society of Infection Control and Prevention (TSICP) in order to provide training on infection prevention and control activities including but not limited to gap mitigation strategies, injection safety, and certification in infection control. Training(s) will meet the Center for Medicare and Medicaid Services (CMS) standards in disaster declaration areas and promote certified infection control (CIC) certification of facility -designated Infection Preventionists. 1. Training(s) will be conducted between January 1, 2019, and July 31, 2019. 2, Priority will be given to Infection Preventionists from hurricane -affected areas. ii. Sponsor CIC exam for Infection Preventionists from hurricane -affected areas that attended the CIC -prep class(es). 1. Attendees should take CIC exam within 6 months of training. iii. Submit CIC Training report within 60 days of the training(s). 1. Report will include at minimum: Pre- and post -course knowledge test scores, attendees' information, evaluation of the training, and summary of expenses. iv. Report CIC exam pass rate and success stories from participants within 6 months of training. 1. Success stories should include examples of how the trainings helped address gaps in their facilities. b. Hurricane Response Summit i. Hold a Hurricane Response Summit in their respective jurisdiction that LHDs and healthcare facility staff in other affected jurisdictions may attend. The summit must focus on providing specific disaster recovery infection control resources and lessons learned from pervious hurricane disaster recovery efforts to aid in the preparation of response plans for future hurricane threats. Other topics may include infection prevention and control, gap mitigation strategies, injection safety, and disease surveillance. I. Summit will be conducted between July 1, 2019, and May 31, 2020. 2. Participation of Infection Preventionists and healthcare workers from all types of healthcare facilities (acute care hospitals, critical access care, outpatient clinics, dialysis clinics, Tong -term care facilities, inpatient rehabs, Tong -term acute care hospitals) will be promoted. 3. Priority will be given to Infection Preventionists from hurricane - affected areas. 4. Assess during the registration the extent of the impact of the hurricane in their facilities, if applicable. 5. Assess during the registration whether they utilized Infection Control CDC resources during their recovery efforts, if applicable. ii. Provide Continuing Education Units (CEUs) to Hurricane Response Summit attendees. System Agency Contract No. HHS000371500016 Under the Page 8 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AOREEMENT GRANT DocuSlgn Envelope ID: 272A2562-D4C7-41BF-B7E0-FE1F772260E3 iii. Conduct a pre- and post- survey to assess knowledge in hurricane recovery issues before and after attending the Hurricane Response Summit. iv. Submit Hurricane Response Summit report within 60 days of the summit. I. Report will include at minimum: pre- and post- survey results, attendees' information, evaluation of the summit and individual sessions, and summary of expenses. v. Participate in quarterly conference calls with DSHS to provide updates, progress reports, and other necessary communications. 5. Traditional and Novel Vector Control Enhance mosquito surveillance (to jurisdictions with initial low capacity or damaged surveillance systems). Grantee will: a. Traditional Methods 1 Implement traditional vector control strategies (larvicide/insecticide). ii. Enhance mosquito control capacity through: 1. Initiating and augmenting mosquito surveillance (purchase of equipment, supplies, etc.); 2. Purchasing adulticide, larvicide, or application equipment; 3. Addition of temporary employees; 4. Paying for trainings or licensing; 5. Paying for vector control contracts; and 6. Submitting monthly progress reports on the personnel, equipment, material, and other supplies that have been purchased and their implementation within the mosquito control program. 6. Environmental Health Public Health jurisdictions within Governor Abbott's Hurricane Harvey disaster declaration area will assess the changing needs and health status of hurricane -impacted communities. Grantee will: a. Conduct one to four Community Assessments for Public Health Emergency Response (CASPER). b. Attend a CASPER data analysis training offered by the DSHS contracted entity. c. Develop CASPER questionnaires allowing for up to 10 household -based questions in each questionnaire to be suggested/provided by DSHS Health Emergency Preparedness and Response Section (HEPRS) Disaster Epidemiologist. This will allow data comparison for up to 10 questions across all Harvey recovery CASPERs. Submit CASPER questionnaires to DSHS Disaster Epidemiologist for review. d. Develop sampling plans and area maps for selecting households in each sampling frame (first stage sampling). Technical assistance and use of the GIS CASPER toolkit will be available from the DSHS Regional Local Health Operations (RLHO) Geographic Information Specialist (GIS). System Agency Contract No. HHS000371500016 Under the Page 9 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSign Envelope ID: 272A2562-D4C7-418F-B7E0-FEIF772260E0 e. Identify personnel to conduct field interviews and conduct second stage of sampling in the field. Develop field teams. Conduct just -in -time trainings for field team members and others participating in the CASPER. f. Analyze CASPER data. Sharing of final dataset with DSHS is required. g. Prepare preliminary and/or final reports presenting CASPER findings/results and submit all reports to DSHS. h. Develop and submit an Implementation Plan to be included with the final monthly report to DSHS (see monthly report due dates below). C. Implement approved workplan. Grantee's workplan has been approved by DSHS prior to DSHS's entering into this Contract with Grantee. Grantee will adhere to the approved workplan. The workplan must include a description of the project(s) and activities to be addressed by the HHCP and measurable objective(s) for addressing each issue. The workplan must also describe a clear method for evaluating the services that will be provided. Any proposed changes to the approved workplan are not effective unless and until Grantee has received written approval to the revised workplan from DSHS. D. Submit monthly and final performance reports that describe progress toward achieving the objectives contained in Grantee's approved workplan and any written revisions. Grantee will submit the performance reports by the 5'h business day following the last day of the last month of each month, in a format to be provided by DSHS. Failure to submit a required report or additional requested information by the due date specified in this Contract or upon request constitutes breach of contract, and may result in delay of payment. Reports should be sent electronically to coag(Wdshs.texas.gov and to croscrisiscoag(cildshs. texas.gov. E. Comply with all applicable regulations, standards, and guidelines in effect on the beginning date of this Contract and as amended. F. The following documents and resources are incorporated herein by reference and made a part of this Contract as if fully set forth therein: 1. DSHS and CDC Public Health Crisis Response Cooperative Agreement, Funding Opportunity Number: CDC-RFA-TP18-1802; 2. Project workplan; and 3. Local Health Department Hurricane Crisis Discretionary Project — Monthly Project Report(s). II. PERFORMANCE MEASURES DSHS will develop perfonnance measures in collaboration with the Grantee. DSHS will monitor the Grantee's performance of the requirements in this Statement of Work and compliance with the Contract's terms and conditions. III. REPORTING REQUIREMENTS Grantee at the request of the System Agency, may be required to submit additional reports determined necessary to accomplish the objectives and monitor the compliance of this contract. Grantee must submit reports in a format specified by the System Agency. Grantee will provide System Agency Contract No. HHS000371500016 Under the Page 111 of 68 2017 HURWCANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSIgn Envelope ID: 272A2582 D4C7-41BF•B7E8-FE1F772268EB System Agency financial reports as System Agency determines necessary to accomplish the objectives of this Contract and to monitor compliance. If Grantee is legally prohibited from providing any report under this Contract, Grantee will inunediately notify System Agency in writing. Grantee will provide and submit written reports, by electronic mail in the format specified by System Agency. Grantee will complete and submit the Local Health Department Hurricane Crisis Discretionary Project — Monthly Project Report by the 5th business day of each month and a Final Performance Report by the 15'h business day of the end of the contract term. These reports need to be completed for each HHCP for which the Grantee receives funding from System Agency. Grantee shall maintain the source documentation used to develop the reports. All written reports should be titled with the Grantee name, address, email address, vendor identification number, telephone number, program name, contract or purchase order number, dates services were completed and/or products were delivered, the time period of the report, total invoice amount, and invoices paid to subgrantees for services received. IV. INVOICING AND PAYMENTS Grantee will request payments by submitting the State of Texas Purchase Voucher (Form B-13) at htto://www.texas.cov/arantsiforrns/1313form.doc no later than fifteen (15) business days after the end of the preceding month. Voucher and any supporting documentation will be mailed or submitted by fax or electronic mail to the address/number below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512) 458-7442 EMAIL: invoices(rvdshs.texas.gov and cmsinvoicesier,dshs.texassiov Grantee will be paid on a cost reimbursement basis and in accordance with the Budget in Attachment B of this Contract. With prior written notification to, and approval from, the System Agency Contract Manager, Contractor may transfer money between budget categories, other than the equipment and indirect cost categories, not to exceed 25% of the total contract value during a contract budget period. If the budget transfer(s) exceeds 25% of the total contract value, alone or cumulatively, a formal contract amendment is required. Contractor shall provide notification of the budget transfer by submission of a revised Categorical Budget Form to the System Agency Contract Manager, highlighting the areas affected by the budget transfer. After review, the System Agency Contract Manager shall provide notification of acceptance to Contractor via email, upon receipt of which, the revised budget shall be incorporated into the Contract. System Agency reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. System Agency Program will monitor Grantee's expenditures on a System Agency Contract No. HHS000371500016 Under the Page 1I of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSIgn Envelope ID: 272A2582-D4C7-41E1F-B7E3-FE1 F772260EB quarterly basis. If expenditures are below Grantee's total Contract amount, Grantee's budget may be subject to a decrease for the remainder of the Contract term: Vacant positions existing after ninety (90) days may result in a decrease in fluids. System Agency Contract No. HHS000371500016 Under the Page 12 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT Daciaign Envelope ID: 272A2502.134C7.41BF-B7E0-FE1F772260EB Categorical Budget: ATTACHMENT B BUDGET Contract No. HHS000371500076 PERSONNEL FRINGE BENEFITS TRAVEL EQUIPMENT SUPPLIES CONTRACTUAL OTHER TOTAL DIRECT CHARGES INDIRECT CHARGES TOTAL $86,528.00 $6,881.00 $33,131.00 $109,428.00 $55,885.00' $59,875.00 $69,114.00 $420,842.00 $0.00: $420,842.00 System Agency Contract No. HHS000371500016 Under the Page 13 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSlgn Envelope ID: 212A2582-04C7-415F4B7E04E1F772260EB Attachment B-1 Individual Project Budget(s) Perinea haw Bene10 Travel * dlevi Sevin Claimed Mar TeWBimiCbman cassis Tea blRrd S 71,7100 1 5,41.011 S 13,05.01 S ?I000 s UISW 5 ' $ - 5 /26)01 CO 5 1 1164SIN biCAld e 5 - s - s - s 70010 s - s 560000 s • 1 14»0000 S 5 100,111.00100,111.00 -taken@ S - 5 • 5 5 • 5 • 5 -$ • 5 - 5 S -. P Ri°e S 11,6710 5 1,19111 5 3,400 5 - 5 MONO S 715710 5 357000 S 4509.0 5 $ 43159.011 Beene RWdaare Y5a0e S - S • 5 MI100. S - 1 10000 $ IOp00 s 6147100 5 11400 5 5 11,51110 rattail S • S - S • S 11,000 S 714710 S • S - S 500003 S - S 50,00N Vector Wad Wm 5 - S • S • 1 - S • S S • S - 7 • 6.. CASr1R S - s • 1 L491.00 5 - S 1179100 $ - s 1,11100 5 X4000.0 5 • $ 10O1N ABM $ - 5 - s - s - 5 • 3 s • s • s - $ W1(11)01) 5 - S -.5 - S - 5 • 5 - s • 5 •5 - S - d 5 I4$11.00 5 6,11110 1 33,111.00.5 1/941100 S 55115110 5 59,11519. 5 6111406'5 4 300 5 • 1 43014100 System Agency Contract No. HHS000371500016 Under the Page 14 of 68 2017 HURRICANE PUBLIC HEALTII CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSIgn Envelope ID: 272A2582•D4C7-418F•B7E0•FE1F772260EB ATTACHMENT C HHSC UNIFORM TERMS AND CONDITIONS - GRANT System Agency Contract No. HHS000771500016 Under the 2017 HURRICANE PUBLIC HEALTH Ousts RESPONSE COOPERATIVE AGREEMENT GRANT Page 15 of 68 DocuSign Envelope ID: 272A2582-D4C7-41 BF-BYEO-FE1F77226OEB HMO Unto= Tenn and CoolamsVersion 2 15 Published and Effective-Septemter t, 2017 Respamtle OElce Chkf Counsel TEXAS Health and Human Services Health and Human Services Commission HHSC Uniform Terms and Conditions - Grant Version 2.15 System Agency Contract No. HHS000371500016 Under the Page 16 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREENEM1T GRANT DocuSign Envelope ID= 272A26824:14C7-410E-117E0-FE1F772260EB T ABLE OF CONTENTS ARTICLE I. DEFINITIONS Al) INTERPRETIVE PROVISIONS 4 101 Definitions 4 1.02 Interpretive Provisions. ARTICLE 11 P11,111011 NICIllUdNistid Reelections 6 2,01 Payment Methods 6 2.02 Final Billing Submission 2,03 Financial Status Reports (FSRs) 7 2.04 Debt to State and Corporate Status 7 2.05 2.06 2.07 Use for Match Prohibited , • „ , , , 7 2.08 2.09 Nonsuppianting a ARTICLE III. STATE AND FEDERAL FUNDING 8 3.91 Funding. a 3.02 No debt Against the State 8 3.03 Debt to State 304 Recapture of Funds „ ,,, , ARTICLE IV Allowable Costs and Audit Requirements 9 4.02 Independent Single or Program -Specific Audit ,,,,,,,, 10 Article V AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 10 5.02 Federal Assunnices 10 5.03 Federal Certifications 10 ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY 11 6.02 Intellectual Property ................ ..... ,n .. . ....... . . - . . ........... ..... II ARTICLE VII RECORDS, AUDIT, AND DISCLOSURE 11 7.01 Books and Records 11 7.02 Access to records, books, and doctunents 11 Granite Undone Terms and Conlittons Prise 2 of 19 It,9 System Agency Contract No. HHS000371500016 Under the Page 17 of 68 2017 HURRICANE PUBLIC HEALTII CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DonnSign Envelope ID: 272A25824D4C7.41BF37E0-FE1F772260E8 7.03 Responselcomplian a whl, nadir or irzsryc+tiian fimlings ._.._12 7.04 SAO Audit 12 7.05 CunliideMialiix............................................................_._...........,........,..,._._........... 12 7.06 Public lnfmmotion Am 12 ARTICLE Sill CCONTRACf MANAGEMENT AND EARLY TERMINATION 12 8.02 Termination for Convenience................................._........................ 19 8.03 Termination far Came 13 ARTICLE IX MISCELLANEOUS PROVISIONS 13 201 Ansendment..........,.........................:..............._..,.....,..,._-,...,....-..-. 13 9.02 Insurance............::................................_...........,.........................................................,13 9.03 Legal ObIigations...................................................:„.......,.....„..._........_........................_14 9.01 1' nnkting and Lice+uure....................................................._......._............_I4 9.05 Indemnity................................................................................................................,,14 9,06 AssignmenLs......._......................................._.......,..„,._...:......;..............,..........,_.....-15 9,07 Relationship of the Parties........, .... .. ,,,,,,,,,,,, .......... 15 9.08 Technical Cuiacan Leltcrs 15 9.09 Cavemimg Lau aad Venue........._......_.........._.............................................._,IG 9.11 Survivability......................................................................:......................:::16 9.12 Force Majeure 16 9.13 No Waiver of Previsions 16 9.14 Publicity._.,........__....._......................................._........... „.d.,.. 9.15 Prohibition on Non -compere Rutictions...,.....»„-....tee, ..... ,.,..»,..,.» . 17 9.16 No Waiver of Sovereign Immunity _.._»....._... IT 9:.17 Gmir+Contract andModification........... ........... ................ ................ ......_.... .::..._.,..... 17 9.18 Caumarparts................................................................................................................... 17 9.19 Proper Authority 17 9-20 Employment VoriGcnt on..............»..........,......................,.......:....,...,.....:.................:17 9,21 Cnil Rights............................................................._,...;...................,.:,17 Grantee Uniform Toms and Conhums Page3of 19 System Agency Conran No. HHS000371500016 Under the 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT Page 18 of 68 DocuSign Envelope ID: 272A2582•D4C7-4113F-137E0-FEIF772260EB AR'flCLE 1. DEFINITIONS AND INrRRPRRTIvr PROVISIONS 1.01 Dellnilions As used in this Contract. unless tlw contest dearly Wreaks otherwise. the following tents and conditions have the meanings assigned below "Amendment" meats a written agreement. signed by the panics hreto, which documents Changes to the Cuntntel other shun those permitted h) Work Order: or Technical Guidance 1 ctters. as herein defined. "Attachment" Meals documents, tenns. conditions. niton. or additional information physically added 10 this Contract Ibllosring the Signmur Dtkunient ar inclined by rcfen:nec. as 11'pli)aicalh'- within the body ol'this Contract. -Contract" means the Signumrc Document. these l haulm Terms and Condit Rms. nlnug war an AnaclunrnCs. and any Amendments. or Technical Gnidmice Liters that miry be issued In_ the System Agency. to be incorporated by refemiCe herein for all purposes if issued °9)eliverahle" Manns the Rork product(%) required to he submitted 10 the S)slem :\gutq including all rcpons and project documentation hlieelicc Due" roams clic date agreed to b) the Ponies as the dale on which the Conlntd hikes coed. "lcderal Fiscal fear" means the period beginning Octnhr I and ending September 30 each )ear, which is the annual accounting period lin the ( "tact Slates government. "C:a:1P" means Genendh Accepted Accounting Principles. 'GASH" means the Clot em ental Accounting Standards Hoed -Grantee" meats the farts receiving hinds under this Conlnux. il' any. ma y oleo be relined to as ,.Contractor' in tenant attachments. 'Health and Mourn Sen Ices Commission" or 11,1 1.&" meats the admimslmut C ntFaC) established under Chapter 331, 'I Chn'emment Cole or i(s designee - "HI 13" meals Hismiritnlly 1"ndennilited Husiness, :rs defined h) Chapter 2161 id the Texas (i venlrlenl Code. "Intellectual Pronertv" means inventions and business processes, whether ar not patentable', worts of authorship. luck seems; trademarks; lien ice narks; industrial designs; and Creations that are subject to potential legal prosection incorporated in any Deliverable and first ensiled or dcveloled by Grantee. Grantee's contractor or n subcontractor in perforating the Project. -Mentor Protege" means the Comptroller of Public Accounts' leadership program forbid at: hop: wwro.o indow.sale.ix us procurement prog.hub mentorprotcge. Grantee I'ndnrm Tenor: and Condiems Page ofl`1 •411' System Agency Contend No. HH5000371500016 Under the Page 19 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSlgn Envelope la 272A2582-D4C7-41BF-B7E0-FE1 F772260E13 •'I'arlis' means the Systo. Agency and Grantee. colleetivdy. "Party" Beans either the System Agency or Grm.tcc, individually. "Froman" means the statutorily aulhorived activities of the System Agency colder tt Inch this Contract has leen awarded. "Protect" means spccilie aclititidx of IltcGrantee that arc supported by funds pros idcd under this Contract. "Public lnlitrnuaian .Ain" or "PIA -means Chapter 552 &Alio Ilexes Government Cole. "Statement or Work- means the description of netiyincs performed in completing the PnymL as specilied in the Contract and as may be amended. "Someone boctuncnt" Mona the docnnuan executed by both Parties Ihnt speellieally vols Walt all of the documents that constitute the Contract -Solicitation or "RFA"" mums the document issued In the System Agency under which applications for Program funds were requested. w Inch is incorporated herein by reference for all purposes in its entirety. including all Amendments and .\llaeltntents "Solicitation Resnomsc" or "Application' scans Grantee's till and complete response to the Solicitation. which is incorporated herein by rel'enn a for all purposes in its entirety. including any Attachments and addenda. "State Fiscal Year' Ineaas the period beginning September I and ending August 31 each year. which is the annual accounting period liter the Slate of Tens. "State of Tens Tex: ave!' rooms Texas Administrative Code. Title 34. Pad 1. Chapter 5. Subchapter C. Section 5.22, relative to travel reimbursements under this Contract "rRvslem Aacncy"means 111ISC or any orate agcm:ies of the Slate of exas that are meneen by IIFISC under authority granted under Slate law and the officers. employees. and designs of those agencies. These ageneses include: IIIISC and the Ihpamnnt or Slide Health Services. niccat 1iS'd Ciuid,acc tamer or "73iL•' menu an instruction. clanftcation. or interpretation of the requirements of the (:O1111114. issued by the System Agency to the Grantee. 1.112 Inlerpn•the Pmrlsionx a The meanings of defined terns are equally applicable lo the singular and plural fonits of the defined leans. b The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not lo any particular provision. section. Attachment or schedule of this Contract unless otherwise specified. c. The terra "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to convects (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to Glanlee Uniform Tenni and Comintern Page 5 of 19 9 L System Agency Contract No. HHS000371500016 Under the Page 20 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSlgn Envelope ID: 272A2582 -04C7-41 BF-B7EO•FEIF772260EB any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. d. Any references to 'sections,' "appendices," or "attachments" are references to sections. appendices, or attachments of One Contract. o. Any references to agreements, contracts, statutes, or administrative rules or regulations in die Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contmct. f. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract & All Attachments within this Contract, including those incorporated by reference. and any Amendments are considered part of the Ices of this Contract. h. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its tens. i. Unless otherwise expressly provided, reference to any action of the System Agency' or by the System Agency by way of consent, approval, or waiver will he deemed modified by the phrase "in its solo discretion." j. Time is of the essence in this Contract ARTICLE II PAYMENT METHODS AND RESTRICTIONS 2.01 Payment Methods Except as otherwise provided by the provisions of the Contract, the payment method will be one or more of the following: n. cast reimbnnr>xnnent. This payment method is based on an approved budget and submission of a request for reimbursement of expenses Grantee has incurred at the time Mille request; b. unit ratetfee•for-service. ibis payment method is based on a fixed price or a specified rates) or fee(s) for delivery of a specified unh(s) of service and acceptable submission of all required documentation, forms and/or reports; or c. advance payment. This payment method is based on disbursal of the minimum necessary funds to carry out the Program or Project where ire Grantee has implemented appropriate safeguards. This payment method will only be utilized in accordance with governing law and at the sole discretion of the System Agency. Grantees shall hill the System Agency in accordance with the Contract. Unless otherwise specified in the Contract, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following One month in which expenses were incum:d or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation avaitabk to the System Agency upon request. 2.02 Final BWIng Submission Unless otherwise provided by the System Agency. Grantee shall submit a reimbursement or payment request as a final close-out invoice not later than fodyfive (45) calendar days fo0owing One end of the term of the Contract. Reimbursement or payment requests received in the System v.9.l.i Granite Uniform Tams andCoMiaau Page b el 19 System Agency Contract No. HHS000371500016 Under the Page 21 of 68 2617 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSlgn Envelope ID: 272A2582-D4C7-4113F-137E0-FE1 F772260EB Agency's offices more than forty-five (45) calendar days following the termination of the Contract may not be paid. 2.03 Flnancial Status Reports (FSRs) Except as otherwise provided in these General Provisions or in the terms of' any Program Altachment(s) that is incorporated into the Contract. for contracts with categorical budgets, Grantee shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Program Attachment term for System Agency review and financial assessment. Grantee shall submit the final FSR no later than foray -five (45) calendar days following the end of the applicable leen. 2.04 Debt to State and Corporate Status Pursuant to Tex. Gov. Code § 403.055. the Department will not approve and the State Comptroller will not issue payment to Grantee if Grantee is indebted to the Slate far any raison. including a tax delinquency. Grantee, if a corporation, codifies by execution oFthis Contract that it is current and will remain current in its payment of Raachise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Tex. Tax Code §§ 171.001 et seq.). If lax payments become delinquent during the Contract term,all or part of the payments under this Contract may he withheld until Grantee's delinquent tax is paid in full. 2.05 Application of Payment Due Grantee agrees that any payments due under this Contract will be applied towards any debt of Grantee, including but not limited to delinquent axes and child support that is owed to the State of Texas. 2.06 Use of Funds Grantee shall expend funds provided under this Contract only for tlx: provision of approved services and for reasonable and allowable expanses directly related to prose services. 2.07 Use for Match Prohibited Grantee shall not use funds provided under this Contract for matching purposein securing other funding without the written approval of the System Agency. 2.06 Program Income Income directly generated from funds provided under this Contract or earned only as a result of such Funds is Program Income. Unless otherwise required under the Program, Grantee shall use the addition alternative, as provided in UGMS § _.25(02), for the use of Project income to further the Program, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report this income in accordance with the Contract, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Contract tern and may not carry Program Income forward to any succeeding term. Grantee shall refired program income to the System Agency if the Program Income is not expended in the tern in which i1 is earned. The System Agency may base future funding levels, in part, upon Grantee's proficiency in identifying, billing, collecting, and mooning Program Income, and in using it for the purposes and under the conditions specified in this Contract. Granite Uniform Terns and Condemn Page 7 of 19 System Agency Contract No. HH5000371500016 Under the Page 22 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSign Envelope ID: 272A2682•D4C7.41 BF•87E0•FEIF772260EB 2.09 Nonsupplandng Grantee shall not use funds from this Contract to replace or substitute for existing funding from other but shall use funds from this Contract to supplement existing state or local funds currently available. Grantee shall make a good faith effort to maintain its current level of support. GrMnce may be required to submit documentation substantiating that a reduction in state or Local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. ARTICLE (1L STATE AND FEDERAL FUNDING 3.01 Funding This Contract is contingent upon the availability of sufficient and adequate Binds. If fluids become unavailable through lack of appropriations• budget cuts, transfer of funds between programs or agencies. amendment of the Texas General Appropriations Act, agency consolidation, or any other disruptions of current funding for This Contract, the System Agency may restrict, reduce,or terminate funding under this Contract. This Contract is also subject to immediate cancellation or termination, without penally to the System Agancy+.if sufficient and adequate fluids are nut available. Grantee will have no right of action against the System Agency if the System Agency cannot perfoml its obligations under this Contract as a result of lack of funding for any activities or functions contained within the scope of this Contract- In the event of cancellation or termination under this Section, Ole System Agency will not be required to give notice and will not he liable for any damages or losses caused or associated with such termination or cancellation. 3.02 No debt Against the State The Contract will not be construed as creating any debt by or on behalf of the Stene of Texas. 3.03 Debt to State If o payment law prohibits the Texas Comptroller of Public Accounts from making a payment, the Grantee acknowledges the System Agency's payments under the Contract will be applied toward eliminating the debt or delinquency. This requirement specifically applies to any debt or delinquency, regardless of when it arises - 3.04 Recapture of Funds The System Agency may withhold all or pat of any payments to Grantee to offset overpayments made to the Grantee- Overpayments as used in this Section include payments (i) made by the System Agency that exceed the maximum allowable rates; (ii) that are nut allowed under applicable laws. rules, or regulations; or (iii) that am otherwise inconsistent with this Contract, including any. unapproved expenditures. Grantee understands and agrees that it will be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Grantee further understands and agrees that reimbursement of such disallowed costs will be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Contract, v9.4] Grantee Uniform Terms and Conlnicns Page hof 19 System Agency Contract No. HHS0003715000I6 Under the Page 23 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSlgn Envelope ID: 272A2582-D4C7-410E-B7E0-FE1 F772280EB ARTICLE 11, ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.01 Allowable Costs. System Agency will reimburse the allowable costs incurred in preforming the Project that arc sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to he eligible for reimbursement under this Contract. The System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. If the System Agency has paid funds to Grantee for unallowable or ineligible costs, the System Agency will notify Grantee in writing, and Grantee shall return die funds to the System Agency within thirty (30) calendar days of the date of this written notice. The System Agency may withhold all or pan of any payments to Grantee to offset reimbursement for any unallowable or ineligible expenditure that Grantee has not refunded to the System Agency, or if financial status repon(s) required wider the Financial Status. Reports section are not submitted by the due date(s). The System Agency may take repayment (recoup) from hinds available under this Contract in amounts noeessary to fulfill Grantee's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include - Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements Slate, Local and Tribal Governments 2 CFR, Pan 225 2 CFR Pan 200, Subpart F and UGMS 2 CFR Pon 200 and UGMS Educational Institutions 2 CFR, Pan 220 2 CFR Pan 200, Subpart F and UGMS 2 CFR Pmt 200 and UGMS Non -Profit Organizations 2 CFR. Pan 230 2 CPR Pan 200, Subpart F and UGAIS 2 CFR Part 200 and UGMS For-profit Organization other than a hospital and on organization named in OMB Circular A-122 (2 CFR Pan, 230) as not subject to Una circular. 48 CFR Pon 31, Contract Cost Principles Procedures. or uniform cost accounting standards that comply with cost principles acceptable to the federal or stale awarding agency 2 CFR Part 200, Subpar F and UGMS 2 CFR Pan 200 and UGMS v 9.1.11 Onntee Undomi Tams and Condinw Pose of 19 System Agency Contract No. 14H5000371500016 Under the Page 24 of 68 2017 HURRICANE PUBLIC HEALTII CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSlgn Envelope ID: 272A2582.O4C7-41BF•B7E0•FE1F772260EB OMB Circulars wilt be applied with the modifications prescribed by UGMIS with effect given to whichever provision imposes the more stringent requiremom in the event of a conflict. 4.02 Independent Slagle or Program -Specific Audit If Grantee. within Grantee's fiscal year, expends a total amount of al least SEVEN HUNDRED FIFTY THOUSAND DOLLARS (5750,000) in federal funds awarded. Grantee shall have a single audit or program -specific audit in accordance wish 2 CFR 200. The 5750,000 federal threshold amount includes federal funds passed through by way of state agency awards, If Grantee, within Grantee's fiscal year, expends a total amount of m least 5750,000 in state fluids awarded. Grandee must have a single audit or program-speeiliie audit in accordance w ilh OOJIS. Suite of Texas Single Audit Circular. The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200. Government .Wilding Standards. and 1/117.15 For-profit Grantees whose expenditures meet or exceed the federal or slaw expenditure thresholds suited above shalt lidlow the guidclinenin 2 CFR 2110 nt 1 G%IS, as applicable. for their program-spceilie audits III ISC Single Audit Sen ices toil] matt Grantee to nanplete the Single Audit Derennimuion Fonn. If Grantee fails to complete the Single Audit Determination Fenn within thirty(30) calendar days after notification by IIIISC Singe Audit Services to do so. Grantee shall he subject to the System Agency sanctions and remedies for non-compliance with INK Contract. Each Grantee that is required to obtain a single audit must competitively re. procure single audit servicer once • • • .• sox years (bounce shall procure audit services 111 etmhpliunee with this section. Tale procurement procedures. as wttI as with the provisions of 1"(t]15 4.03 Submission of Audit Duo the earlier of 30 days alter receipt of the independent certified public accountant% report or nine months ager the end of We fiscal year, Grantee shall submit electronically, one copy of the Single Audit or Progmm•Specific Audit to the System Agency as directed in this Contract and another copy to: single_audit_repor071hhse,state.u.us ARTICLE V AFFIRMATIONS. ASSURANCES AND CERTIFICATIONS 5.01 General Affirmations Grantee smites that, to the extant General Affirmations aro incorporated into the Contract elder the Signature Document, the General Affirmations have been reviewed and that Grantee is in compliance with each of the requirements reflected therein 5.02 Federal Assurances Grantee further certifier that, to the cswnt Federal Assurances are incorporated into the Contract under the Signature Document, the Federal Assurances have been reviewed and that Grantee is in compliance with each of the requirements reflected therein. 5.03 Federal Certifications Grantee norther certifies, to the extent Federal Certifications are incorporated into the Contract under We Signature Document, that the Federal Certifications have been reviewed, and that Grantee is in compliance with each of the requirements reflected therein. In addition, Grantee certifies that it is in compliance with alt applicable federal laws, riles, or regulations, as they may pertain to ids Contract. Grantee Uniform Terme and Conditions Page 10 of 19 v.9.1.17 System Agency Contract No. HHS000371500016 Under the Page 25 of 68 2017 HURRICANE PUBLIC HEALTII CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSlgn Envelope ID: 272A2552-04C7-416F-B7E0-FE1F772260EB ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY 6.01 Ownership The System Agency will own, and Grantee hereby assigns to the System Agency, all right. title. and interest in all Deliverables. 6.02 ]ntelhectuul Properly a. The System Agency and Grantee will retain ownership, all rights, title, and interest in and to. their respective preexisting Intellectual Property. A license to either Party's pre-existing Intellectual Property must be agreed to under this or another contract. b. Grantee grants to the System Agency and the Stara of Texas a royalty -free, paid up. worldwide, perpetual, non-exclusive, non -transferable license to use any Intellectual Property invented or created by Grantee, Grantee's contractor, or a subcontractor in the performance of the Project. Grantee will require its contractors to grant such a license under its contracts. ARTICLE VII RECORDS, AUDIT, AND DISCLOSURE 7.01 ]looks and Recants Grantee will keep and maintain under GAAP or OASIS, as applicable, full, true, and complete records necessary 10 fully disclose to the System Agency, the Texas State Auditor's Office. the United States Government, and their authorized mprmentaliv'cs sufficient information to detemsine compliance with the teras and conditions of this Contract and all stata and federal mks, regulations, and statutes. Unless otherwise specified in this Contract, Grantee will maintain legible copies of this Contract and all related documents for a minimum of seven (7) years after the termination of the contract period or seven (7) years alter the completion of any litigation or dispute involving the Contract, whichever is later. 7.02 Access to records, book+, and documents In addition to any right or access arising by operation of law, Grantee and any of Omnle&s affiliate or subsidiary organizations, or Subcontractors will permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities,, unrestricted access 10 and the right to exmnine any site where business is conducted or Services are performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents Mated to this Contract. If the Contract includes federal funds, federal agencies that will have a right of access to records as described in itts section include: the federal agency providing the funds. the Comptroller General of the United Stales. the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the Stale of Texas that will have a right of access to records as described in this section include: the System Agency. DIISC, HHSC's contracted examiners, the State Auditor's Office, the Texas Attorney General's Office, and anysuccessor agencies. Each of these entities may be a duly authorized authority. If deemed necessary by the System Agency or any duly authorized authority. for the purpose of investigation or hearing, Grantee will produce original documents related to this Contract. The System Agency and any duly authorized authority will have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Grantee will include this provision concerning v 91.17 Gonne Uniform Terms and Condition Page IEaf19 System Agency Contract No. HHS000371500016 Under the Page 26 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSign Envelope ID 272A2582-D4CT-41 BF-BTEO-FE1 F772260EB the right of access lo, and examination of, sites and information related to this Contract in any Subcontract it awards. 7.03 Response/compliance with audit or Inspection findings a. Grantee must act to ensure its and its Subcontractor's compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Contract and the goods or services provided hereunder. Any such comedian will be al Grantee or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance will be solely the decision of the System Agency. h. As pun of the Services, Grantee must provide to HIISC upon rcqusst a copy of those portions of Grantee's and its Subcontractors' internal audit reports relating to the Services and Deliverables provided to the State under the Contract. 7.04 SAO Audit Grantee understands that acceptance or funds directly under the Contract or indircctly through a Subcontract under the Contract acts as acceptance of the authority of the State Auditor's Office (SAO), or any successor agency, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee. an entity that is the subject of an audit or investigation by the SAO must provide the SAO with access to any information the SAO considers relevant to the investigation or audit. Grantee agrees to cooperate fully with the SAO or its successor in the conduct of tlw audit or investigation. including providing all records requested. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Subcontractors through Grantee and the requirement to cooperate is included in any Subcontract it awards. 7.05 Confidentiality Any specific confidentiality agreement between the Parties takes precedent over the teens of this section. To the extent permitted by law, Grantee agrees to keep all infonnation confidential, in whatever form produced, prepared, observed, or received by Grantee. The provisions of this section remain in full force and effect following termination or cessation of the services perfonned under this Contract. 7.06 Public Information Act Information related to the performance of this Contract may be subject to the PIA and will be withheld from public disclosure or released only in accordance therewith. Grantee must make all information not otherwise excepted from disclosure under the PIA available in portable document file ("par') format or any other lomat agreed between the Parties. ARTICLE VIII CONTRACr MANAGEMENT AND EARLY TERMINATION 8.01 Contract !Management To ensure full performance of the Contract and compliance with applicable lav, the System Agency may take actions including: n. Suspending all or pan of the Contract; Orantce Uniform Teens and Coabtims Page 12 of le rA 1.17 System Agency Contract No. HHS000371500016 Under the Page 27 of 68 2017 HURRICANE PUBLIC HEALTH Casts RESPONSE COOPERATIVE AGREEMENT GRANT DocuSign Envelope ID: 272A2502-D4C7-412F-B7E0-FE1F772260EB b. Requiring the Grantee to take specific corrective actions in order to remain in compliance with tens of the Contract; c. Recouping payments made to the Grantee found to be in error, d. Suspending limiting, or placing conditions on the continued performance of the Project; e. Imposing any otter remedies authorized under this Contract; and L Imposing any other remedies, sanctions or penalties permitted by federal or state statute, lain, regulation, or Rile. 8.02 Termination for Convenience The System Agency may terminate the Contract at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective an ibe date specified in HHSC's notice of termination. 8.03 Termination forearm Except as othenvise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Contract, in whole or in part, upon either of the following conditions: a. Ahrterlal Breach The Systems Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, at its sole discretion, that Grantee has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Grantee's duties under the Contract. Grantee's misrepresentation in any aspect of Grantee's Solicitation Response, W any or Grantees addition to the Excluded Panies list System (EPLS) will also constitute a material breach of the Contract. b. Failure to Olalntain Financial Viability The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faits belief that Grantee no longer maintains the financial viability required to complete the Services and Deliverables, or otherwise fully perform its responsibilities under the Centrum. 8.114 Equitable Settlement Any early termination under this Article will be subject to the equitable settlement of the respective interests of the Parties up to the date of termination. ARTICLE IC MISCELLANEOUS PROVISIONS 9.01 Amendment The Contract may only be amended by an Amendment executed by both Panics. 9.112 Insurance Unless othenvise specified in this Contract. Grantee will acquire and maintain. for the duration of this Contract, insurance coverage necessay to ensure proper fulfillment of this Contract and potential liabilities thereunder with fmancially sound and reputable insumn licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Grantee will provide evidence of insurance as required v Gorda [Inform Terms anti Condemns Page 13 of 19 System Agency Contract No. HHS000371500016 Under the Page 28 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSlgn Envelope ID: 272A2582-D4C7-418F-B7E0-FEIF772260EB under this Contract, including a schedule of coverage or underwriter's schedules establishing to One satisfaction of the System Agency the nature and eNTCnt of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is detemhined by the System Agency to he deficient to comply with the teens of this Contract, Grantee will secure such additional policies or coverage as the System Agency may reasonably request or that are required by low or regulation. If coverage expires during the tenn of this Contract Grantee mast produce renewal certificates for each type of coverage. Them and all other insurance requirements under the Contract apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 9.03 Legal Obligations Gramoe will comply with all applicable federal, state, and local laws. ordinances. and regulations. including all federal and state accessibility laws relating to direct and indirect use of information and communication technology. Grantee will be deemed to have knowledge of all applicable laws and mutations and be deemed to understand them. In addition to any other act or omission that may constitute a material breach of the Contract failure to comply with this Section may also be a material brcneh of the Contract. 9.04 Pemrining and Llcensure At Grantee's sole expense, Grantee will procure and maintain for the duration of this Contract any state, county. city. or federal license, authorization, insurance, waiver, pemnit, qualification or certification required by statute, ordinance, Naw. or regulation to be held by Grantee to provide the goods or Services required by this Contract Grantee will be responsible for payment of all saxes, assessments, fees, premiums, permits, and licenses required bylaw. Grantee agrees to be responsible for payment of any such government obligations not paid by its contactors or subcontractors during perfommnce of this Contract 9.05 Indemnity To THE EXTENT ALLOWED RY LAR', GRANTEE WILL. DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS AND ITS OFFICERS AND EMPLOYEES, AND THE SYSTEAI AGENCY AND ITS OFFICERS AND EMPLOYEES, FROM AND AGAINST ALL. CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS. COSTS, DASIACES, AND LIADIUTIES, INCLUDING ATTORNEYS' FEES ANDCOURT COSTS ARISING OUT OF, OR CONNECTED WITH, OR RESULTING FROM: U. GRANTEE'S PERFORMANCE OF TIIE CONTRACT, INCLUDING ANY NEGLIGENT ACTS OR OMISSIONS OF GILtNTEE, OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF GRANTEE, OR ANY THIRD PART' UNDER THE CONTROL OR SUPERVISION OF GRANTEE, IN THE EXECUTION OR PERFORMANCE OP THIS CONTRACT: OR h. ANT BREACH OR VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION, STANDARD. RULE, OR BREACH OF CONTRACT BY GRANTEE, ANY AGENT, EMPLOYEE, SUBCONTRACTOR OR SUPPLIER OF GRANTEE. OR ANY THIRD PARTY UNDER TIIE CONTROL OR SUPERVISION OF GRANTEE. IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT: OR C. EMPLOYMENT OR ALLEGED EMPLOYMENT, INCLUDING CLAMS OF DISCRIMINATION AGAINST GRANTEE, ITS OFFICERS, OR ITS &GEN ESI OR Gramm Uniform Term and Condition Page 14 of 19 7.9.1.11 System Agency Contract No. HHS000371500016 Under the Page 29 of 68 2017 HURRICANE PUBLIC HEALTI CRLSIS RESPONSE COOPERATIVE AGREEMENT GRANT Dacialgn Envelope la : 272A2582-D4C7-418F-67E0-FE1F772266EB d. Wong UNDER TRIS CONTRArT THAT INFRINGES OR MISAPPROPRIATES ANY RICHT OF ANY THIRD PERSON OR ENTITY BASED ON COPYRIGHT, PATENT, TRADE SECRET, OR OTIIER INTELLECTUAL PROPERTY RICIRi GRANTEE WILL COORDINATE ITS DEFENSE WITH TIIE SYSTEM AGENCY AND ITS COUNSEL. THIS PARAGRAPH IS NOT INTENDEDTO, AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARSILESS TIIE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING SOLELY FROM THE GROSS NEGLIGENCE OF THE SYSTESI AGENCY OR RS EMPLOYEES. TIIE PROVISIONS OF Tins SECTION WILL SURVIVE TERMINATION OF THIS CONTRACT. 9.06 Assignments Grantee may not assign all or any portion of its rights under, interests in, or duties required under this Contract without prior written consent of the System Agency, which may be withheld or granted of Ube sole discretion of the System Agency. Except where otherwise agreed in writing by the System Agency. assignment will not release Grantee from its obligations under the Contract. Grantee understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract This assignment will only be made to another State agency or a non -state agency Wat is contracted to perfoml agency support. 9.07 Relationship of the Partin Grantee is. and will be, an independent contractor and, subject only to the teens of this Contract, will have the sole right to supervise, manage, operate, control, and direct performance of the derails incident to its duties under this Contract. Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture, to creme relationships of an employer-employee or principal -agent' or to otherwise create for the System Agency any liability whatsoever with respect to the indebtedness, liabilities. and obligations of Drente° or any other Party. Grantee will be solely responsible for, and the System Agency will have no obligation with respect to: a. Payment of Grantee's employees for all Services performed; b. Ensuring each of its employees, agents, or Subcontractors who provide Services or Deliverables under the Contract are properly licensed, unified, or has -a proper permits to perform any activity related to the Work; c. Withholding of income taxes, FICA, crony other taxes or fees; d. Industrial or workers' comp -mullion insurance coverage; e. Participation in any group insurance plans available to employees of the Stale ofTexas; C Participation or contributions by the State to the State Employees Retirement System; g. Accumulation of vacation leave or sick leave; or b. Unemployment compensation coverage provided by the State. 9,08 Technical Guidance Letien In the sole discretion of the System Agency, and in conformance with federal and state law, Iha System Agency may issue instructions, clarifications, or interpretations as may be required during Work performance in the Pone of a Technical Guidance Letter. A TDI. must he in Orarnee Uniform Terms and Condition Page 15 of 19 v.911? System Agency Contract No. HH5000371500016 Under the Page 30 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSIgn Envelope ID; 272A2582-D4C7-418FB7E0-FEI F772200EB within. and may he delivered by reanlar mail. electronic mail. or facsimile transmission. Any TOL issued by the System Agency will be incorporated into die Contract by reference herein for all purposes when it is issued. 9.09 Governing Law and Venue This Contract and the rights and obligations of the Parties hereto will be governed by, and construed according to. the laws of the State of Texas, exclusive of conflicts of law provisions, Venue of any suit brought under this Contract will be in a coon of competent jurisdiction in Travis County, Texas unless otherwise elected by the System Agency. Grantee irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on to Bounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document relined hereto. 9.10 Severnbillty If any provision contained in this Contract is held to be unenforceable by a eaun of law or equity, this Contract will be construed as if such provision did not exist and the non - enforceability of such provision will not be held to render any other provision or provisions of this Contract unenforceable.. 9.11 Sunhvnhility Termination or expiration of this Contract or a Contract for any reason will not release either pang from any liabilities or obligations in this Contract that the parties have expressly agreed will survive any such termination or expiration, remain to be pertained, or by their nature would he intended to be applicable following any such lamination or expiration, including tnaimaining confidentiality of information and records retention: 9.12 Force binjeun Except with respect to the obligation of payments under this Contract, if either of the Ponies, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of Gad; any valid order, rule, or regulation of governmental authority, or similar events that are beyond the control oldie affected Party (collectively referred to as a "Force Majeure"), then, while so prevented, the affected Party's obligation to comply with such covenant will be suspended, and the affected Party will not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure will promptly notify the other Party of the Force Majeure event in writing and. if possible, such notice will set forth the extent and duration thereof. 9.13 No Rather of Provisions Neither failure to enforce any provision of this Contract nor payment for services provided under it constitute waiver of any provision of to Contract 9.14 Publicity Except as provided in the paragraph below, Grantee must not use the name of, or directly m indirectly refer to, die System Agency, the Stale of Texas, or any other Slate agency in any media release, public announcement, or public disclosure relating to the Commet or its subject Graeme Umfonn Tcnns and Condemns Page 16 of I9 v 9.1.17 System Agency Contact No. HH5000371500016 tender the Page 31 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DonaSign Envelope ID: 272A2582-D4C7-410E-07E0-FEIF772260EB matter, including in any promotional or marketing materials, customer lists, or business presentations. Grantee may publish, at its sole expense, results of Grantee performance under the Contract with the System Agency's prior review and approval, which the System Agalcy may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 9.15 Prohibition on Non -compete Restrictions Grantee will not require any employees or Subcontractors to agree to any conditions, such as non -compete clauses or other contractual arrangements that would limit or restrict such persons or entitling from employment or contracting with tb© State of Texas. 9.16 No Waiver of Sovereign Immunity Nothing in the Contract will be construed as a waiver of sovereign immunity by the System Agency. 9.17 Entre Contract and Modification The Contract constitutes the entire agreement of the Parties and is inteTndexl as a complete and exclusive statement of We promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. My additional or conflicting temus in any future document incorporated into die Contract will be harmonized with this Contract to the extent possible by the System Agency. 9.18 Counterparts This Contract may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Contract. 9.19 Proper Authority Foch Party hereto represents and warrants that the person executing this Contract on is behalf has full power and authority to enter into this Contract. Any Services or Work perfonned by Grantee before this Contract is effective or after it ceases to be effective are performed at the sale risk of Grantee with respect to compensation. 9.20 Employment Verification Grantee will confirm the eligibility of all persons employed during the contract tens to perfomt duties within Texas and all persons, including subcontractors, assigned by the contractor to perform work pursuant to the Contract. 9.21 Chit Rights a. Grantee agrees to comply with state and federal antidiscrimination laws, including; 1. Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d 0 seq.): 2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); 3. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); 4. Age Discrimination Act of 1975 (42 U.S.C. §§6101.6107) 5. Title IN of the Education Amendments of 1972 (20 U.S,C. §§1681-1688); 6. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and Grata Uniform Tema and C.arliums Page 17 of 19 System Agency Contract No. HHS000371500016 Under the Page 32 of 68 2017 HURRICANE PUBLIC HEALTII CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT Docu8lgn Envelope ID: 272A2582-D4CT-41BFB7E0-FE1F772260EB 7. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to dais Agreement. Grantee agrees to comply with all amendments to the above.roferenced laws, and all requirements imposed by the regulations issued pursuant to Oise laws. These laws provide hi pan that no persons in the United States may, on the grounds of race, color, national origin. sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or Slate funding, or otherwise be subjected to discrimination. b. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964. and its intik nleating regulations al 45 C.F.R. Pan 80 or 7 C.F.R. Pan 15. prohibiting a contractor from adopting and implementing policies mol procedures that exclude or have the ellen of excluding or limiting the participation of clients in its prognuns. bcnelits. or neiirities on the basis of national origin Stale and federal civil rights Inas regnire 13111040011110 protide nhcnnalixe methods for ensuring access to scn•ices lbr applicants and recipients who cannot express tlaemselves fluently in English. Grantee agrees to take reasonable steps to provide win -ices and infonnnlion. both orally rind in writing in appropriate languages other than English. in order to ensure drat persons with limited English profttiaky are effectively intbmed and can hove meaningful access to programs. henclits. and activities; c, Grantee agrees to post applicahlc civil rights plasters in areas open to the public informing clients of their civil rights and including contact infommlion Ina the H I'S Civil (tights Office The posters are mailable on the HHS web,Re at; Itltpr 1th%cx.hhse.texas.goyssstem•suppon- sen'ices'c ivlbrielns. ouhl icalirats d. (iramce agrees 1n comply with Exeeulivc Order 13279. and its implementing regulations at 45 LER. Part 87 or 7 C.E:R. Pan 16. These provide in pan that any (signori lion that pan icipates in programs flooded by direct lin:meial aesittnnm from the United Slates Dcpannenl of Agriculture or the United States Department of I lealdt and Human Services shill not discriminate against a program beneficiary or prospectise program beneficiary on the basis of religion or religious belief c. Uport request. Grantee will provide HHSC Civil Rights Office with cupi w of 1l1 of Ilk Grantee's cnil rights policies and procedures 1: Grantee MUM 111,116 1111SC.% Chit Rights OMice of an)' civil rights cllnlpla 1111% received relating to its performance under this AgreellwniL This melte' Must be delis ered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must he directed to:. HHSC Civil Rig tts Office 701 W. 51d Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 P1.11 Grantee (Initmn Trans and Condmms Page l8 of 19 System Agency Contract No. HHS000371500016 Under the Page 33 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSIgn Envelope ID: 272A2582-D4CT-41BF-B7E0•FE1F772260EB TTY Toll Free:. (877) 432.7232 Fax: (512)438.5885. Grantee Uniform Tens and Combines Page 19 of 19 System Agency Contract No. HH5000371500016 Under the Page 34 of 68 2017 NuluttC.USE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSign Envelope ID: 272A2582-D4C7-41 BF-B7E0-FE1F772260EB ATTACHMENT D CONTRACT AFFIRMATIONS By entering into thie Contract, Contractor affirms, without exception, as follows:. 1. Contractor represents and warrants that these Contact Altimations apply to Contactor and all of Contractor's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under. who bare a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2. Contractor represents and warrants that all statements and information provided to HHSC are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Contractor understands that HHSC will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by, judicial rulings and opinions of the Attorney General of the State of Texas.. Information, documentation, and other material prepared end submitted in connection with this Contract or any related Solicitation may- be subject to public disclosure pursuant to the Texas Public lnformation Act. in accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make anv information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, avadab1e m a format that is accessible by the public at no additional charge to the State. Conjlactor accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the foam and manner directed in the Solicitation, if any, under hatch thin Contract was awarded. Contractor agrees that all exceptions to the Solicitation, if an are rejected unless expressly accepted by HHSC in wasting. 5. Contractor agrees that1114SC has the right to use, produce, and dismbute copies of and to disclose to HHSC employees, agents, and contractors and other governmental entities all or part of thss Contract or any related Solicitation Response as HHSC deems necessary to complete the procurement process or comply with state or federal laws. 6. Contractor generally releases from liability• and waives all claims against any party providuig information about the Contractor at the request of HHSC. 7. Contractor has not given, bas not offered to give, and does not intend to give at any time hereafter any economic opportunity, Mire employment, gift, loan, gratuity, special discount, imp, favor, or senice to a public servant in connection with this Contact or any related Solicitation, or related Solicitation Response. 9. Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), Connector certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this System Agency Contract No. HHS000371500016 Under the Page 35 of 68 2017 HURRICANE PUBLIC HEAL711 CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT OocuSlgn Envelope ID: 272A2582-D4C7-41BF-B7E0-FE1 F772260EB Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. Under Sections 2155-006 and 2261.053 of We Texas Government Code (relating to convictions and penalties regarding Hurricane Rata, Hurricane Katrina, and other disasters), the Contactor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and aclaowiedaes that this Contract may be terminated and payment withheld if this certification is inaccurate. 10. Under Section 231.006(4) of the Texas Family Code regarding child support, Contractor certifies that the individual or business entity named m this Contract and any related Solicitation Response is not ineligible to receive the specified payment and aclmowledges that the Contact may be terminated and payment may be withheld if this certification is inaccurate. 11. Contractor cemfiea that it and in principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Taxa: Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for .iward.11anagement (S43f) maintained by the General Services idminhhation. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executite Order 12659, Debarment and Suspension, 2 C.F.R. Pan 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety In Contractor's subcontracts,if arty, if payment in whole or in pan is front federal toads. 12. Contractor certifies that it is not listed on the federal government's tetroritm watch list as described in Executive Order 13224. 13. Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 14, In accordance with Section 669.003 of the Teas Government Code, relating ro contracting with the executive head of a state agency, Contactor certifies that it is not (1) the executive head of an HHS agency, (2) a person who at any time during the four years before the date of this Contract was the executive head of an NHS agency-, or (3) a person who employs a current or former executive head of an HHS agency. 15. Contractor represents and warrants that it is not cwrena y delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Cede. 16, Contractor agrees that any- payments due under this Contract shall be applied inwards any debt or delinquency that is owed to We Sante of Texas. 17. Contractor represents and warrant that payments to Contractor and ConWRCIPPs receipt of appropriated or other fimds under this Contract or any. related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state Ands to employ or pay lobbyists, lobbying expenses, or influence legislation). :o System Agency Contract No. HH5000371500016 Under the Page 36 or65 2017 HURRICANE PUaIJC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRUNT DocuSlgn Envelope ID: 272A2582-04C7-416F-B7E0-FE1F772280EB 18. Contractor agrees to comply with Section 2155A441 of the Texts Government Code, requiring the purchase of products and materials produced m the State of Texas in performing service contacts. 19. Contractor agrees that upon request of HHSC, Contractor shall provide copies of its most recent business continuity- and disaster recovery plans. 20. Contractor expressly acknowledges that state funds may not be expended in connection nth the purchase ofan automated mformatton system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, Contractor represents and warrants to HHSC that the technology provided to MSC for purchase (if applicable under this Contract or any related Solicitation) is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of • providing equivalent access for effective use by both visual and non -visual means; • presenting information, including prompts used for lateraeave commtnnicabons, in formats intended for non -visual use, and • beim: integrated into nenvorks for obtaining retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this Section, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act a similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means ofnavigating graphical displays, and customizable display appearance. In accordance with Section 215 7.005 of the Texas Government Code, the Technology Access Clause contract provision remains in effect for any contract entered into before September 1, 2006. 21. If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it s in compliance with Subchapter Y, Chapter 361 of the Taw Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 22. If this Contract le fax the purchase or lease of covered television equipment, then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Televiaion Equipment Recycling Program. 23. Contractor represents and warrants, during the twelve (12) month period immediately prior to the date of the execution of this Contract, none of its employees including, but not limited to those will provide services undo the Contract, was an employee ofan HHS Agency. Pursuant to Section 2252.901, Texas Government Code (relating to prohibitions regarding contracts with and involving frim: and retired state agency employees). Contractor will not allow any former employee of the System Agency to perform set -aces n System Agency Contract No. HH5000371500016 tinder the Page 37 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSIgn Envelope ID= 272A2582-D4C7-410E-07E0-FE1 F772260EB under this Contract during the twelve (12) month period immediately following the employee's last date of employment at the System Agency. 24. Contractor acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a farmer state officer or employee of a state agency who doing the period of state service or employment participated on behalf of a state agency in a procurement or contact negotiation invoking Contractor may not accept employment from Contactor before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn. 25. If this Contract is for consu(tau senices under Chapter 2254 of the Texas Government Coda, in accordance with Section 2254.033 of the Texas Government Code, Contactor certifies that it does not employ an individual who was employed by System Agency or another agency at any time during the taro years preceding the submission of any related Solicitation Response related to this Contract or, m the alternative, Contractor has disclosed in any related Solicitation Response the following: (0 Ibe nature of the previous employment with System agency or the other agency; (uj the date the employment was terminated; and (iii) the annual rate of compensation at the tune of the employment was terminated. 26. Contactor represents and mutants that it has no actual or potential conflicts of interest in providing the requested goods or services to HHSC under this Contract or any related Solicitation and that Contractor's provision of the requested goods and or services under this Contact and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropnety. 27. Contactor understands that HHSC does not tolerate any type of fraud. The agency's policy -is to promote consistent, Leal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. All employees or contactors who suspect fraud, waste or abuse (including employee misconduct that would constitute fraud. waste, or abuse) are required to immediately report the questionable activity to both the Health and Human Services Commissio¢ s Office of the Inspector General at I-800.436.61 B4 and the State Auditor's Office. Contractor epees to comply with all applicable laws, rules, regulations, and HHSC policies regarding fraud including, but not limited to, RHS Circular C-027. The undersigned affirms under penalty of perjury of the taws of the State of Texas that (a) m connection with this Contract and any related Sohcitanon Response, neuter I nor any representative of the Contactor has violated any provision of the Texas Free Ealerprise and Antit uet Act, Tex. Bus. & Comm. Code Chapter 15; (b) m connect= with this Contract and anv related Solintadon Response, neither I nor any representative of the Contactor has isolated anv federal antitrust law, and (c) neither 1 nor any representative of the Contractor has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Contractor or any other company, corporation, firm, parmership or individual engaged m the same lane of business as the Contractor. 28. System Agency Contract No, H H500037 1500016 Under the 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT Page 38 of 68 DonaSign Envelope ID: 272A25B2•04C7-41BF4NEO-FE1 F772260EB 29. Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Contractor or any of the individuals at enhnes included in numbered paragraph 1 of these Contract ? fFumations within the Eve (5) calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to HHSC's consideration of entering into this Contract. If Connector is unable to make the preceding representation and warranty; then Contractor instead represents and warrants that it bas provided to ESC a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwtae be relevant to HHSC's consideration of entering into this Contract. In addition, Contractor aclaaaledzes this is a continuing disclosure requirement Contractor represents and warrants that Contractor shall notify HHSC in writing within five (5) business days of any chances to the representations or warranties in this clause and understands that failure to so timely update HHSC shall constitute breach of contract and may result in immediate contract termination. 30. Contractor represents and warrants that, pursuant to Section 2270-002 of the Texas Government Code, Contractor does not boycott Israel and will not boycott Israel during the term of this Contract. 31. Contractor certifies that for contracts for services, Contractor shall utilize the US. Department of Homeland Security's E -Verify system during the term of this Contract to determine the ehgibility of: (a) al! persons employed by Contractor to perform duties within Tens; and (b) all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract within the United States of America. 32. Contractor understands, aclmwledees, and agrees that any arse representation or any failure to comply- with a representation, warranty, or certification made by Contractor is subject to alt cant and criminal consequences provided at law or in equity including; but not limited to, immediate termination of this Contract 33. Contractor represents and warrants that it watt comply with all applicable laws and maintain all permits and licenses required by applicable city, county, state, and federal rules, regulations, statutes, codes, and other laws that pertain to this Contract 34. Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current, complete, true, and accurate. Contractor acknowledges any false statement ar material misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract Further, Contractor understands, acknowledges, and agrees tat any false representation or any failure to comply' with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate ternsinarion of this Contract.. System Agency Contract No. HHS000371500016 Under the Page 39 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSign Envelope ID: 272A2582-D4C741BF•B7EO•FE1F772260EB a5.. Contract'r represents and warrants that the individual signing this Contract is authorized to sign on behalf of Contractor and to bind the Contractor. Authorized representadve on behalf of Contractor must complete and sign the following: Legal Name of Contractor: Annette Rodriguez Signature of Authorized Date Signed Representative Printed Name and Tide of Phone Number Authorized Representattre Federal Employer Identification Fax Number Number annetter@cctexas.com DL15 Number Email Address Physical Street Address City, State, Zip Code Mailing Address, if different CIty, State, Zip Code 13 20 System Agency Contract No. HHS000371500016 Under the Page 40 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT Docualgn Envelope ID: 272A2582-D4C741BF-B7E0-FE1 F772260EB ATTACHMENT E SUPPLEMENTAL AND SPECIAL CONDITIONS SUPPLEMENTAL CONDITIONS There are no Supplemental Conditions for this Contract that modifies this Contract's HHS Uniform Terms and Conditions. SPECIAL CONDITIONS SECTION 1.01 NOTICE OF CONTRACT ACTION Grantee shall notify their assigned contract manager if Grantee has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. SECTION 1.02 NOTICE OFCRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS a. Grantee shall immediately report in writing to their contract manager when Grantee has knowledge or any reason to believe that they or any person with ownership or controlling interest in the organization/business, or their agent, employee, contractor or volunteer that is providing services under this Contract has: 1. Engaged in any activity that could constitute a criminal offense equal to or greater than a Class A misdemeanor or grounds for disciplinary action by a state or federal regulatory authority; or 2. Been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. b. Grantee shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perforin direct client services or have direct contact with clients, unless otherwise directed in writing by the System Agency. Section 1.03 Grantee's Notification of Change of Contact Person or Kev Personnel The Grantee shall notify in writing their contract manager assigned within ten days of any change to the Grantee's Contact Person or Key Personnel. System Agency Contract No. HHS00037I500016 Under the 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT Page 41 of 68 DocuSlgn Envelope ID: 272A25824D4C7-41BFB7E0-FEIF772260EB SECTION 1.04 DISASTER SERVICES In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Grantee may be called upon to assist the System Agency in providing the following services: a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; e. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital care and hospital facility status; i. Food, drug and medical device safety; j. Worker health and safety; k. Mental health and substance abuse; I. Public health information; m. Vector control and veterinary services; and n. Victim identification and mortuary services. SECTION 1.05 CONSENT BY NON -PARENT OR OTHER STATE LAW TO MEDICAL CARE OF A MINOR Unless a federal law applies, before a Grantee or its contractor can provide medical, dental, psychological or surgical treatment to a minor without parental consent, informed consent must be obtained as required by Texas Family Code Chapter 32. SECTION 1.06 T.ELEMEDICINE/TELEPSVCHIATRY MEDICAL SERVICES If Grantee or its Contractor uses telemedicinehelepsychiatry, these services shall be in accordance with the Grantee's written procedures. Grantee must use a protocol approved by Grantee's medical director and equipment that complies with the System Agency equipment standards, if applicable. Grantee's procedures for providing telemedicine service must include the following requirements: a. Clinical oversight by Grantee's medical director or designated physician responsible for medical leadership; b. Contraindication considerations for telemedicine use; c. Qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d. Safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e. Use by credentialed licensed providers providing clinical care within the scope of their licenses; f. Demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; System Agency Contract No- HH50003715000I6 Under the Page 42 or611 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT OocuSlgn Envelope 10: 272A2582-04C7-41BFa7Ea-FE1 F772260Ea g. Priority in scheduling the system for clinical care of individuals; h. Quality oversight and monitoring of satisfaction of the individuals served; and i. Management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under 25 Texas Administrative Code Rule § 448.911. SECTION 1.07 SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY a. Grantee shall take reasonable steps to provide services and information both otally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits and activities. b. Grantee shall identify and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. c. Grantee shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency, unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. SECTION 1.08 THIRD PARTY PAYORS Except as provided in this Contract, Grantee shall screen all clients and may not bill the System Agency for services eligible for reimbursement from third party payors, who are any person or entity who has the legal responsibility for paying for all or part of the services provided, including commercial health or liability insurance carriers, Medicaid, or other federal, state, local and private funding sources. As applicable, the Grantee shall: a. Enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs and bill those programs for the covered services; b. Provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; c. Allow clients that are otherwise eligible for System Agency services, but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the System Agency for the deductible; d. Not bill the System Agency for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; e. Maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; f. Bill all third party payors for services provided under this Contract before submitting any System Agency Contrast No. HH5000371500016 Under the Page 43 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE ACREEJIENT GRANT DocuSign Envelope ID: 272A2582-D4C7-41BF-B7E0-FE1F772260E13 request for reimbursement to System Agency; and g. Provide third party billing functions at no cost to the client. SECTION 1.09 HIV/AIDS MODEL WORKPLACE GUIDELINES Grantee shall implement System Agency's policies based on the Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS), AIDS Model Workplace Guidelines for Businesses at http:lrwww.dshs.state.tx.us/hivstd/nolicv/Dolicies.shtm State Agencies and State Grantees Policy No. 090.021. Grantee shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas. Health & Safety Code §§ 85.112-114. SECTION 1.10 MEDICAL RECORDS RETENTION Grantee shall retain medical records in accordance with 22 TAC §165.1(b) or other applicable statutes, rules and regulations governing medical information. SECTION 1.11 NOTICE OF A LICENSE ACTION Grantee shall notify their contract manager of any action impacting its license to provide services under this Contract within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the license action; and d. License or case reference number. SECTION 1.12 INTERIM EXTENSION AMENDMENT a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. b. The System Agency shall provide written notice of interim extension amendment to the Grantee under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor; or 2. To ensure that services are provided to clients without interruption. c. The System Agency will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. d. Grantee will provide and invoice for services in the same manner that is stated in the Contract. e. An interim extension under Section (b)(1) above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. f An interim extension under Section (b)(2) above shall be a one-time extension for a period of time determined by the System Agency. System Agency Contract No. HHS0003715000I6 Under the Page 44 of 6S 2017 HURRICANE PURUC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DecoSign Envelope ID:272A2582-D4C7-41BF•B7E0-FE1F772260EB SECTION 1.13 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY AND SECURITY STANDARDS a. Applicability: The following Electronic and Information Resources (EIR) requirements apply to the Contract because the Grantee performs services that include EIR that the System Agency's employees are required or permitted to access or members of the public are required or permitted to access. This Section does not apply to incidental uses of EIR in the performance of the Agreement, unless the Parties agree that the EIR will become property of the State of Texas or will be used by HHSC's clients or recipients after completion of the Agreement. Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a Product. b. Definitions: "Accessibility Standards" means accessibility standards and specifications for Texas agency and institution of higher education websites and EIR set forth in 1 TAC Chapter 206 and/or Chapter 213. "Electronic and Information Resources" means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. "Electronic and Information Resources Accessibility Standards" means the accessibility standards for electronic and information resources contained in 1 Texas Administrative Code Chapter 213. "Product" means information resources technology that is, or is related to EIR. "Web Site Accessibility Standards/ Specifications" means standards contained in Volume 1 Tex. Admin. Code Chapter 206(c) Accessibility Requirements. Under Tex. Gov't Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of Information Resources, the System Agency must procure Products and services that comply with the Accessibility Standards when those Products are available in the commercial marketplace or when those Products are developed in response to a procurement solicitation. Accordingly, Grantee must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards. c. Evaluation, Testing, and Monitoring 1. The System Agency may review, test, evaluate and monitor Grantee's Products and services, as well as associated documentation and technical support for compliance System Agency Contract No. HHS000771500016 Under the Page 45 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT D cuSIBn Envelope ID: 272A2582-D4C7-413FB7E0-FE1F772260EB with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither the review, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of review, testing, evaluation or monitoring, will result in a waiver of the State's right to contest the Grantee's assertion of compliance with the Accessibility Standards. 2. Grantee agrees to cooperate fully and provide the System Agency and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring. d. Representations and Warranties 1. Grantee represents and warrants that: As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Agreement, unless and to the extent the Parties otherwise expressly agree in writing; and ii. If the Products will be in the custody of the state or a System Agency's client or recipient after the Contract expiration or termination, the Products will continue to comply with Accessibility Standards after the expiration or termination of the Contract Term, unless the System Agency or its clients or recipients, as applicable, use the Products in a manner that renders it noncompliant. 2. In the event Grantee becomes aware, or is notified that the Product or service and associated documentation and technical support do not comply with the Accessibility Standards, Grantee represents and warrants that it will, in a timely manner and at no cost to the System Agency, perform all necessary steps to satisfy the Accessibility Standards, including remediation, replacement, and upgrading of the Product or service, or providing a suitable substitute. 3. Grantee acknowledges and agrees that these representations and warranties are essential inducements on which the System Agency relies in awarding this Contract. 4. Grantee's representations and warranties under this subsection will survive the termination or expiration of the Contract and will remain in full force and effect throughout the useful life of the Product. e. Remedies I. Under Tex. Gov't Code § 2054.465, neither the Grantee nor any other person has cause of action against the System Agency for a claim of a failure to comply with System Agency Contract No. HHS000371500016 Under the Page 46 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSign Envelope ID: 272A2582-04C7-4113F-B7E0-FE1F772260EB Tex. Gov't Code Chapter 2054, Subchapter M, and rules of the Department of Information Resources. 2. In the event of a breach of Grantee's representations and warranties, Grantee will be liable for direct, consequential, indirect, special, or liquidated damages and any other remedies to which the System Agency may be entitled under this Contract and other applicable law. This remedy is cumulative of any other remedies to which the System Agency may be entitled under this Contract and other applicable law. SECTION 1.14 CHILD ABUSE REPORTING REQUIREMENT a. Grantees shall comply with child abuse and neglect reporting requirements in Texas Family Code Chapter 261. This section is in addition to and does not supersede any other legal obligation of the Grantee to report child abuse. b. Grantee shall develop, implement and enforce a written policy that includes at a minimum the System Agency's Child Abuse Screening, Documenting, and Reporting Policy for Grantees/Providers and train all staff on reporting requirements. c. Grantee shall use the System Agency's Child Abuse Reporting Form located at www.dshs.state.tx.us/childabusereportina as required by the System Agency. Grantee shall retain reporting documentation on site and make it available for inspection by the System Agency. SECTION 1.15 GRANTEE'S CERTIFICATION OF MEETING 011 EXCEEDING TOBACCO -FREE WORKPLACE POLICY MINIMUM STANDARDS. Grantee certifies that it has adopted and enforces a Tobacco -Free Workplace Policy that meets or exceeds all of the following minimum standards of: a) Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes, cigars, pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing tobacco; b) Designating the property to which this Policy applies as a "designated area," which must at least comprise all buildings and structures where activities funded under this Contract are taking place, as well as Grantee owned, leased, or controlled sidewalks, parking lots, walkways, and attached parking structures immediately adjacent to this designated area; c) Applying to all employees and visitors in this designated area; and d) Providing for or referring its employees to tobacco use cessation services. If Grantee cannot meet these minimum standards, it must obtain a waiver from the System Agency. SECTION 1.16 PROGRAM EOUIPMENT. PROGRAM SUPPLIES. PROPERTY MANAGEMENT AND REPORTING. a. Grantee shall initiate the purchase of all Equipment approved in writing by the System Agency in the first quarter of the Contract term, as applicable. Failure to timely initiate the purchase of Equipment may result in the loss of availability of funds for the purchase of System Agency Contract No. HHS000371500016 Under the Page 47 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSIgn Envelope IDt: 272A2552-D4C7-410E-B7E0-FEIF772260EB Equipment. Requests to purchase previously approved Equipment after the first quarter in the Contract must be submitted to the assigned System Agency contract manager. b. Controlled Assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled Assets are considered Supplies. c. Grantee shall maintain an inventory of Equipment, supplies defined as Controlled Assets, and real property and submit an annual cumulative report of the equipment and other property on HHS System Agency Grantee's Property Inventory Report to the assigned System Agency contract manager by e-mail not later than October 15 of each year. d. System Agency funds must not be used to purchase buildings or real property without prior written approval from the System Agency. Any costs related to the initial acquisition of the buildings or real property are not allowable without written pre -approval. e. At the expiration or termination of this Contact for any reason, title to any remaining equipment and supplies purchased with funds under this Contract reverts to System Agency. Title may be transferred to any other party designated by System Agency. The System Agency may, at its option and to the extent allowed by law, transfer the reversionary interest to such property to Grantee. System Agency Contract No. HHS000771500016 Under the Page 48 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT Oocuslgn Envelope ID: 272A2582434C7-416F-87EO-FEI F772260E6 ATTACHMENT FEDERAL ASSURANCES AND LOBBYING FORM New Burden erxemenl OMB Number. 404041007 Ermance ogle, 01131!1019 ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporing burden la this correction otmformaiion is estimated to average 15 minutes per response, =turfing time for reviewing nsirudons. searching existing data sources, gathering and mahtaining the data needed, and completing and rnicven/a the collector of Inlorrnaeon. Send comments regarding the burden estimate or any other aspect of lhi,L6ecuon of mformaten including suggesonsfor fedueug the burden to the Office of Management and Budget, Paperwork Reduction Project (03450040). Washington OC 20503 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of Nese assurances may not be applicable to your protect or program. Il you have gasbags, please Canted the awarding agency Further. cenam Federal awardslg agenoes may require applicants to toady to additional assurances Psych is the ase, you wig be notified As the duty authorized representative of the applicant, I aniy that the apptant 1.. Has the legal authority to apply for Federal assistance Ind the institutional, managerial and financial capability (including hinds sueblentto pay the nonFederal share at project cost) to ensure proper planning, management and completion of the project described n this application. 2 We gide the awarding agency.: the ComptndlerGeneral of the United Stales and, if appropriate. lie Stab, through any authorized represenhlive, access to and the righlia examine ail records, books, papers, or documents related to the award. and will establish a props accounting system in acaidancev4M generally accepted accounting standards or agency directives 3. WIIestablah SMeguardsto pohibe ampbyea from using theirposIgons fora purpose that =staples or presents the appearance of personal or rpganiza11onal conflict of interest, or personal gain. 4 We initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency 5. V' All =imply with the Intergovernmental Personnel Add 1970 (42 U.S.C. 554728.4783) relating to prescribed standards for merit systems let ptogrami funded under one of the 19 siatutaa regulations specified In Appendix/1 of OPM s Standards for a Mem System of Personnel Admnistation (5 C,FR, 900. Subpart F). 8 PAU comply with all Federal statutes rebating to nondiser mnatbn-Thew Include but are not lined to (a) Tilt VI of the Chip Rights Ad of 1964 (Pt, 68.352) which prohibits discrimination on the basis of rze, color or national origin; (b) Title IX ofthe Edualan Amendments of 1972, as amended (20U S.C.H16,31. 1083 and 1865.1686y which prohibits discrimination co the basis d Ina; (e) Section 504 of the Rehab6blien amhan Eacnuwba Act of 1973, as amended (29 U.S.0 5794), welch prohibds deainmation on the basis of handicaps; (dl the Age Discrimination Act of 1975, as amended (42U S.C. 14)6101.3107), which prehibb discrimination on the basis of age, (e) the Drug Abuse Olga and Treatment Act of 1972 (PL..92.255), as anended, relating to nondiscrimination on the basis of drug abuse, (9 the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Ad of1970(PL-91-616). as amended, relating to nondecdrSnatlon on me basis of alcohol abuse Of alcoholism (g) 55523 and 527 d the Public Health Service Add 1912 (42 USD, 59290 dd.3 and 290 err, 3), as amended, relating to confidentiality of alcohol and drug abuse patient reams, (h) TNe VIII of the Ova Rights Ad of 1963 (42 UHC 553601 et seq), as amended, relating to nondiscrimination n the sale, rental or financing of housng; h) anydher nondreaiminatlon provisions in the specific statute(s) underwhich application tar Federal assistance is being aside, and,.( the wquremer= of any other mondisaimina6an statute(s) which may apply to 'he appllcalon. 7, WII comply, or has already compiled, with the requirements ofTBesII and III of Bre Uniform Retortion Assistance and Real Property Aa iisitbn Policies Act of 1970 (P L, 91.646) which provide for far and mutable treatment or persons displaced or whose properly h acquired as a recall of Federal or federally -assisted programs. Thew requirements apply to all interests in real popery acquired far project purposes regardless of Federal participation In purchases,.. a WTI amply, as appllable,wdh provisionsof the Hatch Act (51.1 S.C. 551501.1508 and 7324.7326) which limit the political activities or empbyeeswhose principal employment =Prides are horded In whole or in part with Federal funds nwraad yon Iza (aar.7-sf =Molted lar Local Reproduction erecreadwdasaaaa+s.roa System Agency Contract No. HHS000371500016 Under the Page 49 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSign Envelope ID: 272A2582-D4C7-416F•87E0-FE1 F77226DE8 9, W9 compy, asapgaba, with teprwlslons of the Davi- Bacon Aa (40 U.S.C. 49276a to 276x7), the Copeland Act (40 U.S.C. §2760 and 16 U.S.C. §674), and the Conked Work Hours and Safety Standards Act(40 U. SC 5§327• 334 regarding labor standards far federallyan ted coestruction aubagreemenls 10, Wil comply, if applicable, with flood insurance purchase requirements of Section 102(a) of 8e Flood Disaster Protection Aad 1973 (P.L 93-234) Wild, requires recipients In a special flood hazard area to panapale in the program and to purchase flood insuranceif the Wal cost ol insurable wnsWcaon and acquisition is SIO,000 or more 11 Will comply with environmental standards which may be pieecnbed pureuant to the lokwina (a) inditutun of environmental quality control Treasures under the National Environmental Pa'.ry Act of 1969 (P L. 91-190) and Executive Order CEO) 11514; (b) notification of violating Iacditias pursuant to E011738; (c) pmtaction of wetlands pursuant to EO 11990; 0) evaluation of flood hazards in floodpars in accordance wan EO 11968; (e) assurance 01 project consistency with the approved State management program developed under the Coastal Zone Management Act x1072 (16 U.S C. 551451 etseq J; (1) conformity of Federal actions to State (Clan Ab) Impemenlation Plans under Section 176(c) of the Clan At Act of 1955. as amended (42 U.S.0 557401 dap J. (g) protection of underground sources aldrinkingwater under the Safe Drinking Water Ail of 1974 as amended IP 93-523). and. (h) potation of endangered species under the Endangered Species Act of 1973as amended (P L 93- 205) 12 NM comply with the Wim and Scenic Rivers Ad of 1966 (16 U 5 C 551271 et seq /related 10 Protecting mammals a potential contempt of the natm-ah wed and scene rivers system SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL 13. VAP asslsl the awarding agency Manuring compliance with Section 106 of the National Historic Preservation Ad of 1968, as amended (18 USC 9470), 50 11593 (Monetization and protactCn of historic propenes), and the Archaeological and Historic Preservation Act of 1974 (18 U S.C. §§409a.I et aeq ). 14. WI comply with P.L 93348 regarding the protection of human subjects Waited M research, development. and related activities supported bytda award of assistance. 15 WI comply with the Laboratory Animal Wears Ad of 1966 (P.L 89544, as amended, 7 U S.C. 992131 et seq ) petaining to thecae, handling, and treatment of warm blooded anima held for research. teaching, or other activities supported by this award of assistance. 18 W6 comply with the Lead'Based Paint Poisoning Prevention Act (42 U.S C 554601 et seq.) whim preherits the use el ead•based paint in construction or rehabilitation of residence structures. 17 WI cause to be performed the required financial and carnelian*, audits in accordance with the Single Audit Act Amendments of 1096 and OMB Circular No. A-133, `Audit o1 States, Local Governments, and Non.PmM Organizations." 18 Ml comply WM all applicable requirements of all other Federal laws, esecutiue orders, reguelions, and polices governing this program 19. Wll comply vatlr the requirement of Semen 106(9) of the Trafficlung Victims Protection Act (TVPA) of 2003. as amended (22U SC 7104) which prohibits grant award recipients a a suezeapent from (1) Engaging in severe Iorms of traeiclung m persons during the pend of tame that the award Is In effect (2) Procurlg a commmelal sex act dung the penal of lime Ilial the award e m edam 0r (3) Using breed labor in the performance of rile award or subawnids under me award APPLICANT ORGANIZATION Ft Ey of Lorpus Lh11ac1 TITLE ilea1th Dl rector DATE SUBMITTED atadMd nam am (11,47411444 System Agency Contract NO. HHS000371500016 Under the Page 50 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DaceSign Envelope ID: 272A2582•134C7-41BF•B7E0-FEIF772260EB CERTIFICATION REGARDING LOBBYING Catawba, to Cabeda Gants. teens. end CoaeMae Ageementa This undersigned writes lathe best dl his or her 1w0Nada and bekel. ihel III Ib Federal ap1rc0Mate4hnds have been end awe be pad by a on beneeoIIMe unemlaed b My Pow IOf among a swamping :confluence en °Meet a anmbneof M seem a Member M Congressan officer a emplagoe el Congress. a an analome of a Member M CalgrnsIn mnnedlm with the aaenfno of any Palatal cermet the mating d any feda s grantthe malting Many Federal lean Ina 'Menlo Intal any ammonite agreement and the extension mllnuatlalrenewal amendment Or modlahon deny Federal canna. gram loan. a eomeraIne agreement (Whiny any funds Mia then Federal Ippfap 1Md lunch hen been ped a will ha odd to any parson far IMuenebtg awemWog binluena an S11cera elrployee d any agency. 'Member of Cabarets. en 0111eer a esrpiagee a Conpen at an erneore da Wernher OlCanweas In connection MM this Federal contact. grant loin, a aeaeratNe esteemed Me understood that complete and submit Mended fom.4LL Tgasnure M LMbylne AdMfea7 a aaadancawM Is inebudme 131 The undera pied Map reauee that the language MMM card cation beMcludedin the awuddocuments fa all subowerds M all lenllndudte whcwnde wbgrents. and contracts under Oras, loans ad cooperative egmemedal and that ell subndplents MM cart* enddladae aeomdlgy. This cwtleet n he material repasentYbn M hal epee whbh relate wee placed when this Dinner was made or entered Mb BuGnlssiee dais ananUa Ise prerequisite fa making or onlenng intolblsiranadim women by melon 1352, ere 31. U.S Cods. My personwho hie to Se Ma reallndeeillatlen Meg be subject tea MAI penally ofnal Tess Man 510.000 and nal mese Men S100000 hr each suds Miura Statement 1e, Loan Guarantee one Lean Mucha The undersigned Mtn, la 'behestable a her knowledge and belief. Ihel. t any funds Mn been paid roue be pompom/penal lee thandig or enewflMcteMgu°nee an talker or employee 01 any army a Member al Capers en °Meet a erpbye,ofCaane wan enrage, or a Member M Conpesa M camedbn with Es eammitment awing Ice the United Stales lo Insure a guarantee alan theondenloned Mal cienpMe andsubmll Stamford PeenLLL. '(Michas el Lobbying &owns'M eteaIOaa withnlndmdlonb SubmIadM of tbre statement is aee0aMela MONO ening 'nit' Oils transadlm Inmased by melon 1352 111631 U S Code My person who Ids to IM the mated statement shall bo wgad los civil penally dna kis Iain SIO 000 and ad morethen S100.000 he each wall laden ' APPLICANTS ORGANIZATION kits of Corpus Christi • PRINTED NMtE AND TITLE OF AUINOR ZED REPRESENTATIVE Refer LI. Namd�Ina LIC 'tact Flame IFIX11 aymit ' Idle Health Director 'SIGNATURE Mdde Name q Sarni • CAIE System Agency Contract No. HHS000371500016 Under the Page 51 of 66 2017 HURRICANE PUBLIC HEALTII CRISIS RESPONSE COOPERATIVE ACREENENT GRANT DaceSign Envelope ID: 272A2582.D4C7.41 BF-B7E0-FE1F772280EB ATTACHMENT G FFATA CERTIFICATION Fiscal Federal FundingAccountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS. relies when reporting Information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an emonews certification, DSHS may pursue all available remedies In accordance with Texas and US. I. Signor further agrees that It will provide Immediate written notice to DSHS if at any timeSignor Teams that any of the certifications providedfor below were erroneous when submitted or have since become erroneous by reason of changed drcumstances. If the Stoner cannot setup all of the statements contained 1, this section. Signor must provide written notice to OSNSdetaRAta whkh of the belowstatements_ft connotcerilfpand IWttt. legal tame d Contractor. FFATA Contact *1 Nam4 Bnag and Phone Numbs. Primary Address of Contractor. FFATA contact n2 Name, Mull and thane Neater: 21P rods 9 -digits Required wvay.usps.com DONS Nanbm 94deib Bendiest www.sam.rov 1 1 1 1 1 1.1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Stated Tees Comptrdler Vendor Identification N umber (VIN) 14 Digits 11111111.1111111 Printed Name ofAuthalted Representative Annette Rodriguez Signature ofAuthorized Representative Title of Authorized Representative Health Director Date Depdm.A S Ship Both Servlas Frons OS4-.ens 2011 System Agency Contract No. HHS00037I500016 Under the Page 52 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSIgn Envelope ID: 272A2582-D4C7-415F-87E0-FE1F77226OEB Pis cal Federal Funding Accountability and TransparencyAct (FFATA) CERTIFICATION Asthe duly authorized representative (Signor) ofthe Contractor, I hereby certify that the statements made by me In this certification form are true, complete and warred to the best of my knowledge. Did your organiztion have egrass income, from all sources, d less than $330,p00 in your previous tax year? 0 Yes 0 No If your answer Is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No', answer questions "A' and "B" A. Csetit1ratlon Reiterant % ofAnnual Gross from Federal Awards, Did your organization receive BON or mare of its annual gross revenue from federal awards during the preceding fiscal year?❑Yes No B. Certification Relardinn Amount of Annual Gros from Federal Awards. Did your organization receive $3 million or more In annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes 0 No If your answer Is "Yes" to both question "A" and "B", you must answer question "Cr. If your answer as "No" to ether question "A" or "B", skip question "C" and finish the certification. C CertificationReRardiwt PublkAcoesstoCompensation Information. Does the public have access to Information about the compensation of the senior executives In your business or organization (inducing parent organization, all brandies, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of theSewrbles Exchange Ad d 1934 (15 U.S.C. 78m(a), 7aa(d)) or section 6104 ofthe Internal Revenue Code of 1986?❑Yes No If your answer is"Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total canpenation d the top five highly compensated officers below. Provideeompensadon Information here Remarried o1 nrte Perth Services Farm 4734 -.Inn 2013 System Agency Contract No. HHS0003715000I6Under the Page 53 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSIgn Envelope ID: 272A2582-04C7-4151F-B7E0-FE1F772260EB ATTACHMENT H HHS DATA Use AGREEMENT This Data Use Agreement ("DUA'), effective as of the date the Base Contract into tfiich it is incorporated is signed ("Effective Date"), is entered into by and between a Teras Health and Human Services Enterprise agency ("MIS"), and the Contractor identified in the Base Contract, a political subdivision of the State of Texas ("CONTRACTOR. ARTICLE 1. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR'S rights and obligations with respect to the Confidential Information 45 CFR I64.504'(e)(I)-(3). This DUA also describes HHS's remedies in the event of CONTRACTOR'S noncompliance with is obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information, on behalf of HHS, its programs or clients as descibed in the Base Contract As of the Effeehve Date of this DUA, If any provinion of the San Contract, including any General Protisions orUniform Terms and Conditions, conflicts with this DUA, this DUA controh. ARTICLE 2. DEFECITIOYS For the purposes of this DUA, capitalized, underlined terms hare the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996, Public Law 104491 (42 U.S.C. §13204 et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments, regulations and guidance issued thereafter, The Social Security Aa, including Section 1137 (42 U.S.C.. §§ 13206.7), Tide XVI of the Act The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Aa of 1938, 5 C.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07.13; Texas Business and Commerce Code Ch. 521; Texas Government Code; Ch. 552, and Texas Government Code §2054..1125. In addition, the following terms in this DUA are defined es follows: "Authorized Purpose" means the specific purpose or purposes described m the Statement of Rork of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User" means a Person; (1) 'alto is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; Ehla t.'s_ :._ x 1 101 ii?d'r (i:rmb,c tibm;hw' () tel_•,- 2.0;:1 TA(' System Agency Contract No. HH5000371500016 Under the Page 54 of 68 2017 HURRICANE PUBLIC HEALTII CIUSIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSIgn Envelope ID: 272A2562-D4C7-41BF-137EO-FEIF772266EB (2) For whom CONTRACTOR warrants and represents bas a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information- and (3) Who has agreed in %WISE to be bound by the disclosure and use limitations pertaining to the Confidential Informatiog as required by this DU?. "Confidential Information" means any communication or record (whether oral, mitten, electronically stored or transmitted, or in any other farm) provided to or made available to CONTRACTOR, orthat CONTRACTOR may, form Authorized Pumose. create, receive, whoa, use, dlselmse Of have access to, that consists of or includes any or all of the following: (1) Client Information; (2) protected Health Informann in any form including without limitation, Electronic Protected Health informatiog or unsecured Protected Health Information (herein "PHI"); (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; (4) Federal Tax Informatiog; (5) Inndindualty Identifiable Health Infnnnanng as related to HIP? A, Texas HIPAA and Femme' Identifying Information under the Texas Identity Theft Enforcement and Protection Act; (6) information; Social Security Administration Data, including, without Limitation, Medicaid (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. "Legally Authorized Representative" ofthe Individual, as defined by Texas law, includes as provided in 45 CFR 435.923(hledicaid); 45 CFR 164.502(g)(1) (1i8A.A); Tex Occ. Cede § 151.002(6); Tex. H. & S. Code §166.164; and Estates Code Ch. 751 ARTICLE 3. CONTRACTOR'S DVfIES REGARDING CONFIDENTL4L INFORMATION 3.01 Oblgaduns of CONTRACTOR CONTRACTOR epees that: (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any pmticn of the Confidential Informatics:1 frau being used in FiNS Data C2eA•:;v:ment0?0t`HC'.1?. Ch::ca-": Cempina:a Ottuber, Nei5 'CCHIC VERSION System Agency Contract No. HHS000371500016 Under the Page 55 or6B 2017 HURIUCANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT. DocuSIgn Envelope ID; 272A2582.04C7.418F-87E0-FEIF772260EB a manner that is not expressly an Authonzed Purpose under this DI:Aor as Remised by Lan: 15 CFR 164.502(6)(1); 45 Cil? 164514(4) (8) Except as Required by Law, CONTRACTORwill not disclose or allow access to any portico of the Confidential Information to any peno4 cr other entity; other than .authorized User's leo ore, or Subcontractors (as defined in 45 CFR 162103) of CONTRACTOR wt» bare completed traimaa in confidentiality, privacy, security and the importance of promptly reporting any Ems orpreach to CONrRACTOIth management, to carry out CONTRACTOR's obligations in connection with the Amborbed Pmoosp. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems ander requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 CER. 164.308(a)(5)0); Tsar Health & Weir Code §181.101 (C) CONTRACTOR will establish, implement and maintain appropriate sanctions maim any member of its Wortforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable taw. CONTRACTOR will maintain evidence of sanctions and produce it to NHS upon requestJS CFR 164.308(a)(1)(1)(9;166.530(e); 164.410(b);164.$30(b)(1) (D) CONTRACTOR will not, eeeept as otherwise permitted by this MIA, disclose or provide access to any Confidential information on the basis that such act is Regpired try Law without notifying either HHS cr CONTRACTOR's own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CONTRACTOR will maintain an accounting of all sorb requests for disclosure and responses and provide such accounting to HHS within 48 pours of HHS' request 45 CFR 164.50((e)(2)(ti)(A) (E) CONTRACTOR will not attempt to re -identify or further identify Confidential Informatioq or➢e-identified Information, or attempttw contact any jpdividuas whose records are contained in the Confidential Information except for an Authorized Purpose, without express written authorization from HHS cr as expressly permitted by the Base Contract 45 CFR 164.502(0(2AI and (d) CONTRACTOR will not engage m prohibited marketing or sale of Confidential Information. 45 CFR 164501, 166508(a)(31 and (4); Texas Health & Safety Code Ch.181.002 (F) CONTRACTOR will not permit, or enterimo any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information to carry out CONTRACTOR's obligations in connection with the Autbnind Purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply with all applicable laws, rules and regulations. 45 CFR 164.502(.)(1)(0); 164.504(4(1)(i) and (2). (0) CONTRACTOR isdirectly responsible for compliance with, and enforcement of all conditions for creation, maintenance, use, disclosure, transmission and Destruction of ?iiiS Ap:re.:.,,,.c0'IGt: FAC CHO _ .:10'A °i5 System Agency Contract No. HHS000371500016 Under the 2017 HURRICANE PUBLIC HEALTII CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT Page 56 of 68 DocuSlgn Envelope ID: 272A2582•D4C7-41 BF-B7E0-FEIF772260EB Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to present unauthorized use. 45 CFR 164.504(e)(5); 42 CFR 431.300, et seq. (11) If CONTRACTOR maintains T'1$ in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will male PHI available toEMS inaDesi natedRecordSetuponrequest.CONIRACTORwillprosidePHI to an Ingaitall, er Lesallv Authonzed Representative of the lti dual who s requesting fig in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR. will release PHI in accordance with the j1IPAk Privacy Regulations upon receipt of a valid written amhurization. CONTRACTOR will make other CaafidanS WmItlign in CONIRACTOR's possession available pursuant to the requirements of Mace or other applicable law upon a determination of a Breach of UnseatmaHl r defined in HIPAA. CONTRACTOR will maintain an accounting of all such disclosures and provide it to MRS within 48 bouts of IBIS' request 45 CFR 164.524and 164.304(e)(31(1(4). (I) If PHI is subject to this .Agreement, CONTRACTOR «ill make p1f1 as required by HIPAA available to 11115 for review subsequent to CONTRACTOR's incetporation of any amendments requested pursuant to HIPA. . 45 CFR 164.304(4(2)(TiJ(E) and (F). (1) Ifpff1JS subject to thisAgreement, CONTRACTORwill document and make available to HHS the Eli required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the )lIP.AAPrivaiv R eqi Infirm 45 CFR 164.504(e)(2)(VJ(G) and 161528. (K) If CONTRACTOR receives a request for access, amendment or accounting off from an individual with a right of access to information subject to this DUA, it will respond to such request in compliance with the SAA Privets. Regulations. CONTRACTOR will maintain an accounting of alt responses to requests for access to er amendment of MI and provide it to HHS within 48 hour of HITS' request. 45 CFR 164.504(0(2J. (L) CONTRACTOR will protide, and will cause its Subcontractors and agents to provide, to HES periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential information. 45 CFR 164.308;16 .530(c); 1 T.4C202. (Ni) Except as othenise limited by this DLA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may we PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR's legal responsibilities. Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Infbrmntisw CONTRACTOR may disclose pj$ for the proper management and administration of CONTRACTOR, or to carry• out CONTRACTOR's legal responsibilities., it 45 CFR 164.594(e)(4)(.4). Lie S. v_seItimr. f101:iieP.AA L9-_nh G�rr,L•^•C7e:'I;=s, .^.vi_ ;ACC -UG V_R516`: 13f49 .t :I5 System Agency Contract No. HHS000371500016 Under the Page 57 of 68 2017 HURRICANE PUBLIC HEALTH Ousts RESPONSE COOPERATIVE AGREEMENT GRANT DecoSign Enveloped]: 272A2562.04C7.41 BF•B7EO•FE1 F772260EB (l) Disclosure eouued by Law prattled that CONTRACTOR complies tvith Section 3.01(D); or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity call (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or fustier duelosethe mfcrmatioa only as Rtouired Law or for the Authorized Pwpnae for which it was disclosed to the Emig and (c)Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information ofwirichthe !gm discovers er should have discovered tnth the exercise of reasonable diligence. 45 CFR 164.504(e)(4)4(B). (N) Except as otherwise limited by this DUA, CONTRACTOR will, if required by law and requested by HHS, use commercially reasonable efforts to use PHI to provide data aggregation services to HHS, as that arm is defined in the HIPAA, 45 CFR §164.501 and permifed by MA. 45 CFR 164504(0(4(t)B) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its =pease, send to I*iS or Destroy. at HHS's election and to the extent reasonably- feasible and permissible by Ian; all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACIOR's agents or Subcontractors on HHS's behalf if that data contains Confidential Informatirq CONTRACTOR nil certify in tinting to HHS that all the Confidential Information that has been created, received, maiahmed, used by or disclosed to CONTRACTOR has bent Destrnv d or sent to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, THIS acl7towiedges and agrees that CONIRACIOR is not obligated to send to HHSC and'or Pesetas' any. Confidential. Information if federal law, state las; the Texas State Libras• and Archives Commission records retention schedule, ardor a litigation hold notice prohibit such deliver' or Destruction. If such delivery or Destruction is not reasonably feasible, er is impermissible by law, CONTRACTOR will immediately mouth- HHS of the reasons such delivery or Destruction is not feasible, and agree to extend indefinitely the protections of this DUAto the Confidential btnnatiog and limit it further uses and disclosures to the purposes that make the return delivery er pesttuction of the Confidential Information not feasible for as tong as CONTRACTOR maintains such Confidential Information. 43 CFR 164.504(e)(_m)(e)(3) (P) CONTRACTOR will create, maintain, use, disclose, transmit cr Destroy Confidential Information m a secure fashion that protects against any reasonably anticipated threats or hazards to the security cr intermit_, of such information or unautbonied uses 45 CFR 164.306;164.330(c) IftiS Da:. L'a-. Aaai l0; i ^?°.AA. 0:1=:11-2v, Cc,n,.Lr:t TACC'i-10 VEFf.,ION Paz System Agency Contract No. HH5000371500016 Under the Page 58 of 68 2017 HURRICANE Punic HEAa711 CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DaceSign Envelope ID: 272A2582-04C7-41BF-137E0-FE1F772260E8 (Q) If CONTRACTOR accesses, transmits, stores, and -or maintains Confidential Iaformatio , CONTRACTOR will complete and return to HITS at infoseeunty@hhsc.state.ts.us the HHS information security and paves"- initial inquiry (SPI) at tlachmeot 1 . The SPI Identifies basic primacy= and security controls with which CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR wi8 comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based cn the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or bas access to and the Authorized Purpose and level of tisk- CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (NISI) Special Publication 300-53. CONTRACTOR will update its security controls asaesamem whenever there are significant changes in security controls for HHS Confidential Iafonnatiae and wi8 provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 43 CFR 164.30& (R) CONTRACTOR will establish, implement and maintain reasonable procedural, administrative, physical and teclmical safeguards to preserve and maintain the confidentiality, integrity, and availability of the Confidential Information, and with respect to Ea, as described in the j31PA4 Privacy and Security Repletion. or other applicable laws or regulations relating to Confidential Iofonnation to preteen any unauthorized use or disclosure of Confidential Information as lone as CONTRACTOR has such Confidential Infosmatioq in its actual or constructive possession. 45 CFR 164.303 (administrative safeguards); 164.310 (p41t'steal safeguards); 164.312 (initiated safeguards); 16L530(c)(pet acy sgfegumdr). (S) CONTRACTOR will designate and identity, a Person or Penn 1a, as Pinot Offirld 43 CFR 164.530(a)(1) and Information SeruritvOfficial, each ofwhom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. CONTRACTOR tell protide name and current address, phone number and a -mad address for such designated officials to HHS upon execution of this DUA and prior to any change. If such persons fail to develop and implement the requirements of the DUA, CONTRACTOR will replace them upon HHS request 45 CFR 164.3080(2). (I) CONTRACTOR represents and warrants that its Authorized Uses each have a demonstrated need to }mow and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contact, and further, that each has agreed in writing to be bound by the disclosure and use limitations perlaminz to the Confidential Information contained in this DUA. 45 CFR 164.502; 164.514(4 (U) CONTRACTOR and its Subcontractors will maintain an updated, complete.. accurate and numbered hit of Authorized Users their signatures, titles and the date they agreed to be bound by the terms of this DUA, at all times and supply it to HHS, as directed, upon request Ft??' nota 7;, 7ACCHO \ LRMDV System Agency Contact No. HHS000371500016 Under the Page 59 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DonaSign Envelope ID: 272A2582•D4C7-418F-B7E0-FEIF772260EB (7) CONTRACTOR will implement, update as necessary; and document reasonable and appropriate policies and procedures for privacy, sectary and lItt of Confidential Information and an incident response plan for an Fent or Bank, to comply with the privacy, security and breach notice requirements of this DUA prierto conducting work under the Statement of3rork. 45 CFR 161.308;164.316;164.514(4);164.530(0(1). (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential jnfarg aljgg received from, created by; or received, used or disclosed by CONTRACTOR ACTOR for an Authorized Puryse for HMS's review- and approval within 30 days of execution of this DUA and upon request by HHS the falout business day or other agreed upon time frame. 45 CFR 164.308; 164.514(4 (X) CONTRACTOR will make available to HES any information HHS requires to fulfill HHS's obligations to provide access to, or copies oP MI in accordance withHtPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretan• of the U.S. Department of Health and Human Services, or other federal cr state Iatt: 45 CFR 164.504(e)0)(04 (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or eleetronte form, in accordance with applicable rules. regulations and laws. A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Enervation at an appropriate level. If required by rule, regulation or law, HHS Confidential laformation at sot requires F.nen'oticq unless there is other adequate administrative, technical, and physical secunn•.All electmmc data transfer and communications of Confidential In formaggg will be through secure systems. Proof oft stem, media or device security ander r Encryption must be produced to HHS no later than 45 hours after HMS's written request in response to a compliance investigation, audit cr the Qiscoren• of an Lam or Druck . Othenv se, requested production of such proof will be made as agreed upon by the parties. De -identification of HMS Confidential faformotion is a means of security. With respect to de -identification of at "secure" means de -identified mainline to HIPAa Privacy standards and regulatory. guidance. 45 CFH 164.312;164.530(4). (Z) For each type ofCnnfrdential lnfr'rmauoa CONTRACTOR creates, receives, maintains, uses, discloses, has access to or transmits in the performance of the Statement of Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: Title 1, Part 10, Chapter 202, Subchapter 8, Texas Administrative Code;. The Privacy Act of 1974; OTB Memorandum 01-16; HFiS Da;:; ..:e:=.zeeuv>n• 3?Gi5:i1vA?. OrrArte Oaalwr, 20:5 TACCHO System Agency Contract No. HHS000371500016 Under the Page 60 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSIgn Envelope ID: 272A2582-D4C7-416F-137E0-FE1 F7722600E6 The Federal Information Security Management Act of 2002 (FIS\LLA); The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DCA; Internal Revenue Publication 1075 — Tax Information Security Guidelines for Federal, State and Local Agencies; National Institute of Standards and Technology (NISI) Special Publication 800-66 Revision 1 — An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • MST Special Publications 800.53 and 800-53A — Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 80047 — Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800.85, Guidelines for Media Sanitization; • MST Special Publication 800-I11, Guide to Storage of Encryption Technologies for End User Devices capturing teeing PHI; and Any other State or Federal law, regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR till treat any Personal IdennfyingIn ormation it creates, receives, maintains, uses, transmits, destroys amd'or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and other applicable regulatoy standards identified in Section 3.01(Z), and Individual/I: Identifiable RSSII 1nkmat on CONTRACTOR creates, receives, maintains, uses, transmits, destroys and or discloses in accordance with BIPA.4 and other applicable regulatory• standards identified is Section 3.0I(Z).. ARTICLE 4. BREACH NOTICE. REPORTING AND CORRECTION REQUIREMENTS 4.01 Breach or Event Notification to HES. 45 CFR 164.400414. (4) CONTRACTORw•ill cooperate Iffiy with HHS is investigating, mitigating to the extent practicable and issuing notifications directed by HHS, for am' Event or $reach of Confidential Information to the extent and in the mariner determined by HES. Dac l: ice Ari. en:car C1.01 i3L°_3, C__,Lr_ Cc:,;hxa Ocidse. _0! _ System Agency Contract No. HHS000371500016 Under the Page 61 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSign Envelope ID: 272A2582-D4C7.4113F4B7E0-FEIF772260EB (B) CONTRACTOR'S obligation begins at the Jlisrovery ofaovShc• I or Breach and continues as long as related activity continues, omit all effects of the Erat are mitigated to HHS's reasonable satisfaction (the "incident response period"). 45 CFR 164.404. (C) Breach Notice: (1) lnitialNotite. (a) For federal informatics, including Without limitation, aka, Tax InibrmaticaSOCL Secure{}• Ad.— atiao Dta. and Medicaid C4em Information. Within the fust, consecutive dock hour of Discover, and for all other topes of Confidential Information not more than 24 hours after Discovery or inatimeframe othemve approvedbyNHS intuiting, initially report to HHS's Privacy and Security Officers via email at pritae}•rg'HHSC.state.tcus and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy :Act of 1974, as amended by the Computer Matching and Privacy. Protection ant of 1988, 5 U.S.C. § 552a; OMB Memorandum 07.16 as erred in MSC -CMS Contracts for information evrhenge. (b) Report all information reasonably available to CONTRACTOR about the Faint or Brncb of the privacy or security of Confidential locomotion 45 CFR 164.1111 (c) Name, and provide contact information to HHS for, CONTRACTOR's tingle point of contact who Will communicate with HHS both on and off business hours during the incident response period. (2) Formal Notice. No later than two business days after the Initial Notice above, provide formal notification to privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA, including all reasonably available information about the Even or Breach, and COYIRACTOlt's investigation, including Without limitation and to die extent available: For (a). ON below: 45 CFR 164.400-114. (a) The date the Ems or Breach occurred; (b) The date of CONTRACTOR's and, if applicable, Subcontractor's Dieroven- (c) A brief description of the g vent or Breach: including how h occurred and who is responsible (or hypotheses, if not yet determined); (d) A brief description of CONfRaCIOR's investigation and the status of the investigation; (e) A deaenptton of the types and amount of Confidential Information involved; NHS i7;Poev: o 1l)15i JFPAA D s6;. Crngh._.; 0c1,:Fer,: O;5 t ACCa0'„' R S C)N 9 aF15 System Agency Contract No. HHS000371500016 Under the Page 62 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSIgn Envelope ID` 272A2582-D4C7-4113F-BIE0-FEtF772260EB (f) Identification of and number of all Individuals reasonably believed to be affected, including fast and last name of the Individual and if applicable the, Legally Authorized Representative, last known address, age, telephone number, and email address ifit is a preferred cornet method, to the extern known or can be reasonably determined by CONTRACTOR at that time; (g) CONTRACTOR.' initial risk assessment of the gsst or Breach demonstrating whether individual or otter notices are required by applicable law or this DUA for HHS approval, buludmg an analysis of ntether thee is a low probability of compromise of the Confidential k fgnugipp or whether any legal exceptions to notification apply; (h) CONTRACTOR'S reeommendaticn for HHS's approval as to the steps Individuals anchor CONTRACTOR on behalf of Individual`, should take to protectthe Individuals from potentialliarm, including without Limitation CONTRACTOR's pros -islets of notifications, aedit protettion, claims mmntoning, and any specific protections for a Levelly Authorized Representative to lake on behalf of an Jnditidual with special capacity or circumstance; (i) The steps CONTRACTOR bas taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); (j) The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Event or Breach; (k) Identify, describe cr estimate the Persons, R•orl.3orce. Subcontractor or Individuals and any law enforcement that may be involved in the Earn or @mug; (t) Areasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the flaane for response to the Fj;ggl a gaga but no less than every three. (3) business days or as otherwise directed by FIRS, including infonnaticn about risk estimations, reporting, notification, if any, mitigation, corrective action, root cause analysis and eaten such activities are expected to be completed; and (m) Any reasonably available, pertinent information, documents or reports related to an Emu or &gash that HHS requests following Discovery. 4.02 Investigation, Response and \litigation. 45 CFR 164.308, 310 and 312; 164.530 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Ecom or Breach commit necessary- and appropriate staff and resources to HES llzn.:e.1s_c:uuxu: 0'1015H:PAA Cb..-.Lun Cc;sstlini 0;a6er 2015 T.4CCHO t Ei s1ob: Pace System Agency Contract No. HHS0130371500016 Under the Page 63 of 68 2017 HURRICANE PUBLIC HEALTH CIUSIE 'REPONSE COOPERATIVE AGREEMENT GRANT DocuSlgn Envelope ID:272A2582-D4C7-41BF-B7E0-FE1F772260EB expeditiously respond, and report as requited to and by HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirement, to the reasonable satisfaction ofHHS. (B) CONTRACTOR will complete or participate m a risk assessment as directed by HHS following an Event or Breach and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with 111-15 to respond to inquiries and er proceedings by state end federal authorities Parsons aid or Individuals about the Event or r ch, (D) CONTRACTOR will Rdly cooperate with HHS's efforts to seek appropriate injunctive relief or otheatse prevent or curtail such Event or Breach or to recover or protect any Confidential Information, including compiling with reasonable corrective action or measures, as specified by HHS in a Corrective AeuonPlan if directed by HHS undone Base Contract 4.03 Breach Nodfication to Individuals and Reporting to Autharides. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Indhiduals), 164,406 (Media); 164.405 (.Authorities) (A) HHS may direct CONTRACTOR to provide Ready notification to Individuals, regulators or third -parties, as specified by HHS feiowine a Breach. (B) CONTRACTOR shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confine that COYrRACTOR's notice meets all regulatory requirements regarding the time, manner and cement of any notification to Individuals regulators or third•parties, or any notice required by other state of federal authorities. HHS shall have ten (10) business days to provide said feedback to CONTRACTOR Notice letters will be in CONIRACTORs name and on CONTRACTORS letterhead unless otherwise directed by 111-15, and will contain contact information, including the name and title of CONTRACTOR'S representative, an email address and a toll-free telephone number, if required by applicable law, rule, or regulation for the Individual to obtain additional information. (C) CONTRACTOR will provide NHS with copies of distributed and approved communications. (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfactionofHHS that any notification required by HHS was ninety made, If there are delays outside of CON'TRACTOR'S control, CONTRACTOR will protide writtendocumentation of the reasons for the delay. (E) If HHS delegates notice requirements m CONTRACTOR HHS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and asset with CONTRACTOR!, information request in order to make such notifications and reports. FSS Da:a C=. e A}aeananOi5EiPAa Oer:cw; Ccil l_tat tktz6c, 2,a15 TACCE-10 VERSION fisc :1 rf ii System Agency Contract No. HHS000371500016 Under the Page 64 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DoanSign Envelope ID: 272A2582-D4o7-4113F-B7E0-FE1F772260EB ARTICLE 5. STATEMENT OF WORK "Statement of Work" means the services and deliverables to be performed cr provided by CONTRACTOR, or cn behalf of CONTRACTOR by as Subcontractor er agents for HHS that are described in detail in the Base Contract The Statement of Work, including any furore amendments thereto, is incorporated by reference in this DUA as if set out word -far -nerd herein ARTICLE 6. GENERAL PROVISIONS 6.81 Oversight of Confidential Information CONTRACTOR aelmow•ledges and agrees that HES is entitled to oversee and monitor CONTR4CTORs access to and creation, receipt, maintenance, use, disclosure of the Confidential Information to confirm that CONTRACTOR is in compliance tit this DCA. 6.02 HHS Commitment and Obligation HHS will not request CONTRACTOR to create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable lass if done by HHS. 6.03 HHS Right to Inspecdon At any twee upon reasonable notice to CONTRACTOR, or if HHS determines that COATR4CTOR has violated this DOA, HHS, directly er through its agent, tilt have the right to inspect the facihtees, systems, books and records of CONTRACIORto monitor compliance with this DUA. For purposes of this subsection, HHS's agmt(s) include, without limitation, the HHS Office of tbe Inspector General or the Office of the Attorney General of Texas, outside consultants er legal counsel or other designee. 6.04 Tenn; Termination of DUA; Sunival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth hereat If the Base Contract is extended or amended, this DLL4 shell be emended or amended concurrent with such extension or amendment (A) HHS may immediately teiminm• this DtAandBase Contract upon amaterial violation ofthss DEA. (B) Termination or Expiration of this DEA will not relieve CONTRACTORof its obligation to return or Destroy the Confidential Informati'q as set forth in this DUA and to continue to safeguard the ragfidgmakimmangg until such time as determined by HITS. (C) If HITS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion HES D:IaU.:* A _ ,-- i01.4HIP,11 Ointubua OctA tFACCHOY SiON -..t 1. ,h System Agency Contract No, HHS000371500016 Under the Page 65 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DocuSIgn Envelope ID: 272A2582•134C7-41BF•B7E0-FE1 F772260EB (1) Exercise any of its rights including but not limited to reports, access and napectionunder this DUA and or the Base Contract or (2) Require CONTRACTOR to submit to a Corrective Action Plan, including a plan &r monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide CONTRACTOR with a reasonable period to care the violation as determined by HES; or (4) Terminate the DUA and Base Contract immediately, and seek retrains a court of competent jurisdiction in Texas. Before exercising any of these options, HHS win provide written notice to CONTRACTOR describing the violation, the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged notated is not timely cured by CONTRACTOR (0) If neither termination nor cure is feasible, HHS shaI1 report the violation to the Secretary of the U.S. Department of Health and Human Services. (E) The dunes of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confdmda1 Information is))estroved orretumed to HHS, as required by this DUA. 6.05 Governing Law, Venue and Litigation (A) The validity, consrucuon and performance of this DUA and the legal relauons among the Pasties to this DUA will be eovemed by and construed in accordance oath the latus of the State of Texas. (B) The Parties agree that the courts of Texas, will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of or in connection with, or by -reason of this DUA. 6.06 Injunctive Relief (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other lana of regulations applicable to Confidential Information. (3) CONTRACTOR further apses that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or in Subcontractors failure to comply. Accordingly, CONTRACTOR epeesthatHHS will, in addition to any other remedies available to d atlaw or in equity; be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual dama2ea, to enforce the terms of this DUA. 1 -.THS Dra U e A.psemz:t r iGi' :_PAA 4::.Lu: C-_: t ijr:t 9_:al:'s 20I5 L' :CHO Frye i3 of S System Agency Contract No. HH5000371500016 Under the Page 66 of 68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEMENT GRANT DonnSign Envelope ID: 272A2582•D4C7-41BF•B7E0•FEIF772260EB 6.07 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and Indio= waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, directors, officers, Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. 6.08 Insurance (A) As a governmental entity. and in accordance with the limits of the Texas Ton Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self.insures with policy limits in an amount sufficient to cover CONTRACTORS viability arsine under this DUA. CONTRACTOR will request that HHS be named as an additional insured. }RISC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA Notting herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA. if CONTRACTOR fails to maintain insurance.. (B) CONTRACTOR will provide HHS with written proof that requiredinsuranee coverage u in effect, at the request ofBHS.. 6.08 Fen and Costs Except as otheruise specified m this DUA or the Base Contrast, if any legal action or other proceeding is braught for the enforcement of this DUA, or because of an alleged dispute. contract violation, atilt, Reath, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and tie other cost incurred m that action or proceeding. 6.09 Eudrety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto and, together with the Base Con; constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. 6.10 Automatic Amendment and Interpretation If there is (i) a change in any law, regulation or rule, state or federal, applicable to HIPPA ander Confidential Information, or (ii) any change in the judicial or administrative intetpreration of any such law, regulation m rube„ upon the active date of such change, this DUA shall be deemed to have been automatically amended, interpreted end read so that the obligations imposed on HHS tacit :CONTRACTOR remain in compliance with such changes. Any ambiguity in this DUA will HES Eb _, 1.-x., iuu ,ane:,: sank::, 2015 TACO HO VERSION ?;-e loci 5 System Agency Contract No. HHS000371500016: Under the Page 67 or68 2017 HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE AGREEME.xr GRANT DocuSIgn Envelope ID: 272A2582-D4C7-418F-B7E0-FE1F772260E8 be resolved m favor of a meaning that permits MKS and CONTRACTOR to comply With HIPA_A or any other law applicable to Confidential Information. RES Dra :a ?. Y=_mem: 0-'2FEI:P AC)m ibt f.-mplisrs 0=-oba.,:vi TACC90 VEFSION F.v=a If c£ 15 System Agency Contract No. HH5000371500016 Under the Page 68 of 68 2017 HURRICANE PUBLIC HEALTH CMSIS RESPONSE COOPERATIVE AGREEMENT GRANT Certificate Of Completion Envelope id: 272A258204C741BF87E0FE1F772260EB Subject: New 5420,642; MHS000371500018; Corpus Christi Source Envelope: Document Pages: 84 Certificate Pages: 2 AutoNev: Enabled Envelapeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Status: Sant -Nueces County Public Health District : CMSICoAg LHD Signatures: 0 Initials: 0 Record Tracking Status: Original Holder. Texas Health and Human Services 1110/2019 8:44'13 AM Commission PCS_DocuSign@hhsc.state.lx.us Signer Events Signature Annette Rodriguez enneferecctexas.cam Health Director City of Corpus Christi Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Nal Offered via DocuSlgn Imelda Garde Imeidam.garcia@dshttexas gov Security Level: Email, Account Authentication (None) Electmnk Record and Signature Disclosure: Net Offered vie DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Elisio Wiley Etlsha,Wiley@hhsc slate Nos Secudty Levet Ernail, Account Authentication (None) Electmnk Record and Signature Disclosure: Nal Offered via DocuSign Signature Status Status Status Status Status Sara Mosqueda sara.mosquedarffidshs.texas.gov Secudty Leval: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign COPIED COPIED Docu lsrceere Envelope Originator: Texas Health and Human Services Commission 1100 W. 49th S1. Austin, TX 78756 PCS_DocuSign4hhsc.slate.tx.us IP Address' 167.137.1.14 Location: DocuSign Tlmestamp Sent: 1/1012019 8:48:49 AM Viewed: 1/10/2011112A1:43 PM Timestamp Timestamp Timestamp Timestamp Timestamp Tlmestamp Sent: 111012019 8:48:48 AM Sent: 111012019 8.48:413 AM Viewed: 1/1012019 8 09:19 AM Carbon Copy Events CMS Crisis CoAg Mailbox CMSCrisisCaAg@dshs-lexas.gov Security Levet Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DataSign Dante Gonzalez Danteacclexes,wm Security Levels Email, Account Authenticatl0n (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Envelope Summary Events Envelope Sent Payment Events Status COPIED COPIED Signature Status Hashed/Encrypted Status Tlmestamp Sent 111012019 8:48:45 AM Sent 1/10/2019 8:48:49 AM Viewed:: 1/102019 9:48:54 AM Timestamp TImestamps 1/10/2019 8A8:50 AM Tlmestamps AGENDA MEMORANDUM First Reading Ordinance the City Council Meeting of February 12, 2019 Second Readina Ordinance for the City Council Meetina of February 19. 2019 DATE: January 22, 2019 TO: Keith Selman, Interim City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Type A Grant for the Del Mar College Small Business Development Center (SBDC) CAPTION: Ordinance approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College to provide grant up to $300,000 for their Small Business Development Center program over two years; appropriating $300,000 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. PURPOSE: Provide a grant from the Type A fund to the Del Mar College SBDC program to assist small businesses start and grow and thrive to create jobs and investment within the City. BACKGROUND AND FINDINGS: The Small Business Development Center (SBDC) is housed at the Del Mar College location on Staples Street across from Ray High School. The primary goal of the center is to provide technical support that businesses need, when they need it, and for however long they need it. Some clients have been working with the Center for over 20 years. The Center is here for the life of the business. As businesses grow and move on to new levels, they have new issues, challenges, and opportunities that require expert guidance. The SBDC, up to this point has been completely funded by State, Federal and Local (DMC) dollars. Recent changes in outside funding stream (State) has necessitated the need for more local funding to support the efforts and preserve critical metrics produced by the center for the Coastal Bend Community. ALTERNATIVES: The Board may choose to not fund this grant. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This is compliance of the Type A Guidelines. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal 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 Encumbered / Expended Amount This item 150,000 150,000 300,000 BALANCE Fund: Type A RECOMMENDATION: Staff and the CCREDC Board of Directors, and the Type A Board recommends approval of this grant. LIST OF SUPPORTING DOCUMENTS: Letter — DMC Proposal — DMC Letter — CCREDC Board Page 1 of 2 ORDINANCE Approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College to provide grant up to $300,000 for their Small Business Development Center program over two years; appropriating $300,000 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation (the "Type A Corporation") and Del Mar College ("Del Mar") providing a grant of $300,000 to fund Del Mar's Small Business Development Center to help small businesses start and grow and thrive to create jobs and investment within the City over two years as approved by the Type A Corporation on January 21, 2019, is approved. SECTION 2. That $300,000 from the unreserved fund balance in the Fund No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Del Mar to help fund their Small Business Development Center Program. SECTION 3. That Ordinance No. 031548, which adopted the FY 2018-2019 Operating Fund, is amended to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $150,000 for a business incentive grant from the Type A Corporation to Del Mar. This ordinance takes effect upon City Council approval on this the day of , 2019. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary @BCL@700EA1 FC SBDC Joe McComb Mayor 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 City Secretary @BCL@700EA1 FC SBDC Joe McComb Mayor SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR DEL MAR COLLEGE'S SMALL BUSINESS DEVELOPMENT CENTER This Small Business Incentives Agreement ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Del Mar College, a Texas institution of higher learning ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle 01 (Chapters 501 — 507), Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on February 19, 2018, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on April 17, 2018; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that small business development funds be provided to Del Mar, through this Agreement with Del Mar, to be used by Del Mar, which will help fund the Small Business Development Center (SBDC) within the City to continue to advise and help small businesses start, grow, and create jobs and investment within the City over two years; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement or the date on which this Agreement is approved by City Council, whichever is later. Page 1 of 7 @BCL@D00E3041 2. Term. a. The term of this Agreement is for two years from January 1, 2019, through December 31, 2020. b. This Agreement may be extended at the option of the Corporation for an additional one- year term, contingent upon annual appropriation of funds. 3. Performance Requirements and Grants. Del Mar shall operate, on a continuous basis, the SBDC to advise and help small businesses start, grow, and create jobs and investment within the City. The SBDC will operate with regular business hours, at least 40 hours per week, throughout the term of this Agreement. The grant shall be $300,000 paid over two years at $150,000 per year. The Corporation will pay the $150,000 for each year in January to Del Mar. Del Mar will maintain current staff levels to the best of its ability and contribute at least $150,000 annually to the SBDC for the term of this agreement. Del Mar will display signage that states that they are recipients of Type A funding. This signage will be provided to Del Mar by the Board and will be displayed in a location that is visible to a visitor to their Center for Economic Development on Staples Street. 4. Living Wage Requirement. In order to count as a permanent full-time job for purposes of annual reporting, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 5. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its full-time employees during the term of the Agreement. 6. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar is a Texas institute of higher learning duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Del Mar has access to the Texas Development Corporation Act, Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. Page 2 of 7 @BCL@D00E3041 e. The person executing this Agreement on behalf of Del Mar is duly authorized to execute this Agreement on behalf of Del Mar. f. Del Mar does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Del Mar is convicted of a violation under 8 U.S.C. Section 1324a(f), Del Mar shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120" day after the date Del Mar has been notified of the violation. 7. Compliance with Laws. During the Term of this Agreement, Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non -Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Del Mar is prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Events of Default by Del Mar. The following events constitute a default of this Agreement by Del Mar: a. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Del Mar fails to comply with one or more terms of this Agreement. Page 3 of 7 @BCL@D00E3041 12. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar to cure the event of default. 13. Results of Uncured Default by Del Mar. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Del Mar shall immediately repay all funds paid by Corporation to them under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Del Mar of all sums due, the Corporation and Del Mar shall have no further obligations to one another under this Agreement. 14. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 15. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of Page 4 of 7 @BCL@D00E3041 this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 16. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar College: Del Mar College Attn: Lenora Keas Vice -President of Workforce Development and Strategic Initiatives 101 Baldwin Blvd Corpus Christi, Texas 78404-3897 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 18. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. Page 5 of 7 @BCL@D00E3041 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Del Mar. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. Page 6 of 7 @BCL@D00E3041 APPROVED AS TO FORM: day of , 2019. Assistant City Attorney For City Attorney Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Scott Harris President Rebecca Huerta Assistant Secretary Del Mar College By: Date: Lenora Keas Vice -President of Workforce Development and Strategic Initiatives THE STATE OF TEXAS COUNTY OF NUECES § § § This instrument was acknowledged before me on , 2019, by Lenora Keas, Vice -President, Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Notary Public State of Texas Page 7 of 7 @BCL@D00E3041 DEL MAR COLLEGE Foundation Dreams. Delivered Board of Trustees Esecutive Committer President Gabriel Guerra Vr<r President Darcy Schroeder Setretary Rosie Collin Treasurer Larry Hale Post Prescient Todd M. Walter 17uy Bethel Ajit David Dr. D. Scott Ellrft Paulette Kluge C. Michelle Unda Board Member, Chris N. Adler Sandra Alvarez Kaushik "Charlie" Bh,tkta Dr. Joyce Freeman Regina Garcia-Posad Dr. Mary Jane Garza Susan E. Hutchinson Terry Mills Julio Reyes Eloy H. Salazar Eugene J. Seaman Susan Temple hen Tres ino lain Vasey Trustee Emeriti Willie J. Kosarek Judge S. Loyd Neal, Jr. Bernard A. Paulson Sylvia Whitmore Robert C. Wolter Posthumous Trustee Emeritus Dr. Howard E. Barth Jeff Bell Nettie Ruth Hoskin, Mark H. Hulings Norma Urban IJl�1 FOUNDATION Del Mar College Foundation. Inc.. 101 Baldwin Blvd. Corpus (:hristi. T -X -8404-389- (361) 08-1117 FAX (361) 698-125- /otr rolationivlelrnar. edu tr at sae: elel near rent Many C. MMQueen. C:FRF. Executive Director of Desclopment September 5, 2018 Mike Culbertson City of Corpus Christi Type A Board 1201 Leopard Street Corpus Christi, TX 78401 RE: Small Business Development Center Dear Mr. Culbertson, Del Mar College and the Del Mar College Foundation respectfully request City of Corpus Christi Type A funding support in the amount of $300,000 to maintain Small Business Development Center (SBDC) operations at the current level for the next two years. The SBDC provides no -cost, confidential business advising to local small businesses, supporting both new business creation and business expansion. Over the past three years, 749 jobs have been created through these efforts, averaging 250 jobs per year. In the same time period, 342 jobs have been retained as these small businesses receive critical counseling to ensure their financial stability. Type A funding for this initiative would allow the SBDC to continue supporting our local small businesses. Specifically, this funding would support two certified advisor positions for the next two years as well as a portion of the benefits for those positions. The information small business receive through the SBDC is critical to their survival and expansion. Please do not hesitate to contact us if you need additional information at 361-698-1032 or email nuncqueen2a deltnar.edu. Sincerely, gia„ Lenora Keas VP for Workforce Initiatives Del Mar College Mary C. McQueen, CFRE Executive Director of Development Del Mar College Foundation Small Business Development Center at Del Mar College Proposal for Support Del Mar College (DMC) and the Del Mar College Foundation (DMCF) respectfully request support in the amount of $300,000 over the next two years at $150,000 per year to assist in funding the Small Business Development Center (SBDC) at Del Mar College. This grant will help support the salaries and benefits for two certified advisor positions. Small Business Development Center The Small Business Development Center (SBDC) has been operating in Corpus Christi since 1989. The SBDC originally was housed at the Corpus Christi Chamber of Commerce. During the late 1990's SBDCs nationwide migrated to universities and colleges to increase client reach and operational effectiveness. With economic development as a component of the Del Mar College's mission, the College has supported a portion of SBDC operations over the past 20 years and the center has continued to expand. The SBDC is a non-profit resource for both start-up and existing businesses in the Coastal Bend. The Center serves to foster small business success through the following services: • No cost, one-on-one, confidential business advising from Certified Advisors • 125+ workshops and training events each year focused on relevant business needs • Personalized assistance with business plans, financial projections, market research, permit and licensing information The SBDC works with multiple sized organizations, from micro -enterprises to businesses with up to 499 employees. Clients include technical companies, specialty medical services (Dental, Dermatology, Pediatrics, etc.), personal services, and construction as well as a wide variety of retail and small service businesses. The SBDC has assisted clients with business proposal projects starting as low as $3,000 up to $40 million. These client businesses generate sales from several thousand dollars annually to over $25+ million. Currently 97% of the businesses in Corpus Christi are considered "small business" by the Small Business Association (SBA). The primary goal of the SBDC is to provide the critical technical support businesses need, when they need it, and for as long they need it to be successful. The SBDC has worked with some clients for over 20 years because as businesses grow, they face new issues, challenges and opportunities that require expert guidance. Current Need Historically the SBDC has been funded by Federal (SBA), State (through the University of Texas -San Antonio) and Local (Del Mar College) investment with a total funding level of $675,981 in FY 2017. Respective investment amounts were Federal at $125,000 (18.49%), State at $421,615 (62.37%) and DMC at $129,366 (19.14%). DMC also provides office space, utilities and IT support at no charge. The College's monetary investment covers the cost of the SBDC director and another 1/2 position. The combined contribution of direct funding and in-kind services from DMC was over $450,000 in 2017-18. Page 1 1 In 2018, the State of Texas reduced its funding by $191,395. To preserve SBDC critical services, Del Mar College increased its support by $159,895 more than doubling its investment. Unfortunately, that still resulted in a loss of over $30,000 in available SBDC operating funds for the year. While Del Mar College committed to the drastic increase in funding to retain the existing SBDC staff for FY 2018, the College will not be able to sustain that increased level of investment out of its operating funds. These funds were diverted from other College needs. Efforts are underway to work with the State to resume its historic funding level in support of small business development needs. This Type A request seeks funding for two years to retain the level of services provided by the SBDC while this Legislative initiative is underway. To complicate the issue, demand for the SBDC services was at a historic high in FY 2017-2018. Since Hurricane Harvey demand has increased beyond expectations. The existing staff is working diligently to maintain mission critical activities while attempting to meet the new disaster -related demand from clients requiring business disruption assistance or those facing unplanned expansion to address increased demand for products or services. The bulk of businesses requesting disaster assistance come from within the City of Corpus Christi. SBDC Proposal Request The Small Business Development Center is truly an economic development organization as it provides critical support for area business success. Del Mar College and the Del Mar College Foundation request the Corpus Christi Type A Board provide funding to bridge the State's reduction in funding with an investment of $300,000 at $150,000 per year to support two certified advisor positons and a portion of the benefits allocations for each to help covers health insurance over the next two years. Del Mar College will maintain an investment level of $150,000 per year, which represents a 16% increase over historical levels in order to maintain SBDC operations and continue to provide the in-kind contribution valued at over $150,000 annually for a combined total of $300,000. Del Mar College is actively working with State agencies to locate funding which would return the State's investment to previous levels. Below is a chart of the current and proposed funding levels from all partners for SBDC. Funding Source for SBDC FY 2016 FY 2017 FY 2018 Proposed FY 2019 Federal (SBA) $116,043 $125,000 $125,000 $125,000 % of Total 17.86% 18.49% 19.40% 19.08% State (UTSA) $408,008 $421,615 $230,220 $230,220 % of Total 62.81% 62.37% 35.72% 35.14% Local (DMC) $125,535 $129,366 $289,261 $150,000 % of Total 19.33% 19.14% 44.88% 22.89% Type A 0 0 0 $150,000 % of Total 0 0 0 22.89% Total SBDC Funding $649,586 $675,981 $644,481 $655,200 Page 1 2 Economic Impact and Creating Jobs SBDC has been highly effecting in adding jobs and retaining small business jobs, averaging 250 new jobs and 114 retained jobs annually over the past three year. Below is a 3 -year synopsis of SBDC results. If funding is approved, these metric measures would be used to report the outcomes of the Type A investment. Metric Measure 3 -Year Output Average per Year # of Advisors Average per Advisor per Year New Business Created 110 37 5 7.4 Business Expansion 63 21 5 4.2 Jobs Created 749 250 5 50 Jobs Retained 342 114 5 22.8 # Loans/Equity 276 92 5 18.4 $ Amount of Equity Capital $32,249,600 $10,749,833 5 $2,149,967 Change in Sales $55,423,099 $18,474,366 5 $3,694,873 Total Advisor Hours 13,364 4,455 5 891 Clients Advised 676 344 5 68.8 Training Event 442 147 5 29.4 Training Attendees 6,899 2,300 5 460 The economic impact due to the professional services the SBDC provides small and growing businesses is evident throughout the community. The direct economic impact of the new and retained jobs over a five year period is $96,623,780 with the indirect impact of the increased equity capital and change in sales over a five year period at $150,570,874 for a combined total of $247,234,038. SBDC Budget Del Mar College Foundation is requesting $300,000 in Type A funding over the next two years to support the SBDC at $150,000 per year. A detailed budget is provided below. Del Mar College will continue to provide office space, utilities and IT support valued at $150,000 for SBDC in addition to investment level of $150,000 per year for staffing support Small Business Development Center — Proposed Budget FY 2019 Director (1) $ 80, 000 Program Coordinator (1) $ 53, 000 Certified Advisors (3) $171,000 Rural Program Manager (1) $ 64,000 Rural Business Advisor (1) $ 53,000 Administrative Assistants (2) $ 67,800 Benefits Allocation (28%) $135,000 Travel (Training, meetings with small business clients) $ 24,000 Supplies $ 200 Other (postage, telephones, copier lease, etc.) $ 7,200 Total Budget $655,200 Page 1 3 Del Mar College and Del Mar College Foundation recognize the incredible positive impact Type A funds have made in community development and job expansion. DMC and DMCF ask that support be continued with an investment in the SBDC for the next two years. Page 1 4 AGENDA MEMORANDUM First Reading Ordinance the City Council Meeting of February 12, 2019 Second Readina Ordinance for the City Council Meetina of February 19. 2019 DATE: January 22, 2019 TO: Keith Selman, Interim City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Type A Grant for the Del Mar College Contract Resource Center (CRC) CAPTION: Ordinance approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College to provide grant up to $133,000 for their Contractor Resource Center program; appropriating $133,000 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. PURPOSE: Provide a grant from the Type A fund to the Del Mar College Contractor Resource Center (CRC) program to assist small businesses bid for existing and upcoming large industrial opportunities. BACKGROUND AND FINDINGS: Del Mar College proposes to create/staff/support a specific technical assistance program with a Contractor Support focus. This Contractor Resource Center (CRC) will be housed within the Del Mar College Center for Economic Development building on Staples Street. The lead advisor for this program will have extensive experience with large industry qualification standards, processes and requirements. Services will be delivered primarily via one-on-one advising as so many of these topics and issues are going to be unique to each business and confidentiality will be paramount. The goal of this effort will be to prepare as many as possible of the local contractors to be viable business vendors for existing and upcoming large -industry opportunities. Nueces County has over 2,200 construction/manufacturing/oilfield service/transportation firms. A good portion of them are not currently organized to be qualified to do business with large firms. There is a lot of potential to develop a strong, qualified base of support vendors. Many firms already have most of the pieces they need; they just need assistance with organizing, presenting and marketing themselves to be competitive. In addition to one-on-one advising, the Center will also organize and conduct training workshops on the more general topics to address the need for this information on a broader scale. The primary goal of the CRC will be to prepare existing local companies to be qualified to meet the needs of industry. ALTERNATIVES: The Board may choose to not fund this grant. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This is compliance of the Type A Guidelines and the Type A ballot language under small business assistance. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: 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 $703,500 $703,500 Encumbered / Expended Amount - - This item 133,000 133,000 BALANCE $570,500 $570,500 Fund: Type A RECOMMENDATION: Staff and the CCREDC Board of Directors, and the Type A Board recommends approval of this grant. LIST OF SUPPORTING DOCUMENTS: Letter — DMC Proposal — DMC Letter — CCREDC Board Page 1 of 2 ORDINANCE Approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College to provide grant up to $133,000 for their Contractor Resource Center program; appropriating $133,000 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation (the "Type A Corporation") and Del Mar College ("Del Mar") providing a grant of $133,000 to fund Del Mar's Contractor Resource Center as approved by the Type A Corporation on January 21, 2019, is approved. SECTION 2. That $133,000 from the unreserved fund balance in the Fund No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Del Mar to fund their Contractor Resource Center Program. SECTION 3. That Ordinance No. 031548, which adopted the FY 2018-2019 Operating Fund, is amended to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $133,000 for a business incentive grant from the Type A Corporation to Del Mar to fund their Contractor Resource Center Program. PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta City Secretary @BCL@800E4069 CRC Joe McComb Mayor 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 @BCL@800E4069 CRC DEL MAR COLLEGE Foundation Dreams. Delivered Board of Trustees Ew utive Committee }'resident Gabriel Guerra Vice I'rts,cient Darcy Schroeder Secretary Rosie Collin Treasurer Larry Hale Past President Timid M. Wake, Troy Bethel Ajit David Dr. D. Scott Elliff Paulette Kluge C. Michelle Linda Board Members Chris N. Adler Sandra Alvarez K.tushik "Charlie" Bhakta Dr. Joyce Freeman Regina Garcia•Posada Dr. Mary Jane Garza Susan E. Hutchinson Terry Mills Julio Reyes Elm- H. Salazar Eugene 1. Seaman Susan Tempe Ken Trevino Iain Vasey Trustee Emeriti Willie J. Kosarek Judge S. Loyd Neal, Jr. Bernard A. Paulson Sylvia Whitmore Rolwfl C. Wolter Posthumous Trustee Emeritus r)r. Howard E. Barth lei( Bell Nettie Ruth Hoskins Mark H. Hulings Norma Urban DEL MAR COLLEGE C FOUNDATION Del Mar College Foundation, Inc. 101 Baldwin Blvd. (:orpus Chrisri. TX 784+04-3897 (361) 698-1317 FAX (36 t) 698-125' fi+urrrLtrionOdel iar.aGu IL x+ttt dehnur edu Mary C. McQueen. (:FRE Executive Director of Development September 5, 2018 Mike Culbertson City of Corpus Christi Type A Board 1201 Leopard Street Corpus Christi, TX 78401 RE: Creation of Contractor Resources Center Dear Mr. Culbertson, Del Mar College and the Del Mar College Foundation respectfully request City of Corpus Christi Type A funding support in the amount of $133,000 to develop and operate the first year of a new Contractor Resource Center (CRC). The CRC would prepare area small businesses to compete in the large and government contracting areas. Qualifying for these contracts is intensely time-consuming, since many of the requirements for large commercial projects are detailed and industry - specific. Area small businesses are ill-equipped to compete in this arena. The CRC would provide a wide range of assistance to provide small businesses with the information they need to take advantage of the multitude of opportunities due to the influx of large, multi-year construction projects. Funding for this initiative would allow creation and operation of this new small business service. Please do not hesitate to contact us if you need additional information at 361-698-1032 or email mmcqueen3.a delmar.edu. Sincerely, Lenora Keas VP for Workforce Initiatives Del Mar College Mary C. McQueen, CFRE Executive Director of Development Del Mar College Foundation Contractor Resource Center (CRC) at Del Mar College Proposal for Support Del Mar College and the Del Mar College Foundation respectfully request support in the amount of $133,000 to fund development and first year operations for a new Contractor Resource Center. Contractor Resource Center (CRC) As Oil & Gas projects continue to fluctuate and many more diverse businesses move to the Coastal Bend, there is an opportunity to prepare and connect area small businesses with large, multi-year construction projects, which will assist local businesses in filling some of the sales gap and expanding their capabilities to compete in this commercial arena for current and future projects. Although there are several small business technical assistance programs already in place, none focus specifically on contractor preparation for large commercial projects. The Procurement Technical Assistance Center (PTAC), primarily funded from Defense Logistics Agency, has a specific mission to assist businesses to enter and compete in the government contracting arena. Likewise, the Small Business Development Center offers a broad array of general business support, but does not provide a specific focus on the key areas identified as critical for companies seeking to qualify for large commercial participation. Many of these areas are extremely detailed, time-consuming and specific to particular industries. Challenging areas of assistance needed include, but are not limited to, the following: 1. Development/maintenance of Safety Plans/Records 2. Procurement of/Qualification for appropriate levels of Insurance/Bonding to be competitive 3. Development/maintenance of Audited Financial Statements 4. OSHA Compliance knowledge/records management 5. Human Resources training/records management 6. Quality Control processes/certifications (ISO) 7. Access to and proper classification of Workforce 8. Workers Compensation Program/records management 9. Understanding Scopes of Work 10. Importance/Development of Contractor Qualifications Statements 11. Knowledge and Guidance to set up Joint Ventures Current Need Del Mar College proposes Type A funds support for the development and first year operations to support a specific technical assistance program with a contractor support focus. This Contractor Resource Center (CRC) will be housed at Del Mar College along with the SBDC and PTAC. All three programs will work in concert to address the specific needs of each client seeking assistance. The lead advisor for this program will have extensive experience with large industry qualification standards, processes and requirements. Services will be delivered primarily via one-on-one advising as so many of these topics and issues are going to be unique to each business and confidentiality will be paramount. Page 1 1 The goal of this effort will be to prepare as many as possible of the local contractors to be viable business vendors for existing and upcoming large -industry opportunities. Nueces County has over 2,200 construction/manufacturing/oilfield service/transportation firms. A good portion of them are not currently organized to be qualified to do business with large firms. There is tremendous potential to develop a strong, qualified base of local support vendors. Many firms already have most of the pieces they need; they just need assistance with organizing, presenting and marketing themselves to be competitive. In addition to one-on-one advising, the CRC will organize and conduct training workshops on the more general topics to address the need for this information on a broader scale. To provide the best possible outcomes, the CRC will also endeavor to connect this client base to large industry purchasing personnel to discuss opportunities. The CRC will work closely with industrial companies identified by the Corpus Christi Regional Economic Development Center (CCREDC) as needing local small business vendors to fill upcoming projects opportunities. Many of these industrial companies will have received incentive packages which contain requirements for utilization of local business vendors. The primary goal of the CRC will be to prepare existing local companies to be qualified to meet those needs and match them to the opportunities. Additionally, the CRC will generate a GAP Analysis or utilize one already generated by the CCREDC to encourage development/relocation of companies specializing in identified high -demand products/services. Whenever a gap industry opportunity has been identified, the CRC will research the reason for the existing gap and notify CCREDC of current impediments. CRC Proposal Request Del Mar College is requesting $133,000 in Type A support to initiate creation of the new Contractor Resources Center. A detailed budget is provided below. Del Mar College will provide the office spaces required to support the CRC. Contractor Resource Center Proposed FY 2019 Program Manager $60,000 Administrative Assistant (part-time) $17,000 Benefits Allocation $21,000 Travel $ 4,000 Phone $ 1,000 Start-up Expenses (equipment, collateral materials, etc.) $30,000 # Business expansions Total Budget $133,000 The metrics to be tracked will mirror metrics measured for PTAC and are reported below. Metric Measure 2019 Active Clients Advising Sessions Counseling Hours # of Client Contract Awards $ of Client Contract Awards Full Time Jobs Created/Retained (DLA computation) # Business expansions $ Increased Sales Page 1 2 SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR DEL MAR COLLEGE'S CONTRACTOR RESOURCE CENTER This Small Business Incentives Agreement ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Del Mar College, a Texas institution of higher learning ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle 01 (Chapters 501 — 507), Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on February 19, 2018, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on April 17, 2018; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that small business development funds be provided to Del Mar, through this Agreement with Del Mar, to be used by Del Mar, which seeks to create a Contractor Resource Center within the City to assist companies looking for contracts with existing and potential future Targe industrial companies in our area; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement or the date on which this Agreement is approved by City Council, whichever is later. 2. Term. Page 1 of 7 @BCL@900E537A a. The term of this Agreement is for one year from January 1, 2019, through December 31, 2019. b. This Agreement may be extended at the option of the Corporation for up to two additional one-year terms, contingent upon annual appropriation of funds. 3. Performance Requirements and Grants. Del Mar shall, no later than April 1, 2019, begin operation of the Contractor Resource Center, which will educate small businesses on the requirements of large company procurement, help them get certified to qualify to bid on contracts, and provide them with information on where to find these contracts. Del Mar shall create or retain at least one full-time employee for the management of the new Contractor Resource Center and shall provide the office space and any other materials needed to operate the Contractor Resource Center. Del Mar will provide an annual report detailing the contracts awarded, jobs created/retained through the contracts, and business expansions. The Corporation will pay to Del Mar, as a grant, an amount not to exceed $133,000 for the operation of the Contractor Resource Center. The Corporation will pay the grant to Del Mar as invoices are received. Del Mar will display signage that states that they are recipients of Type A funding. This signage will be provided to Del Mar by the Corporation and will be displayed in a location that is visible to a visitor to their Center for Economic Development on Staples Street. 4. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 5. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its full-time employees during the term of the Agreement. 6. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar is a Texas institution of higher learning duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Del Mar has access to the Texas Development Corporation Act, Title 12, Subtitle 01 (Chapters 501 — 507), Texas Local Government Code, on the State's website, and Page 2 of 7 ©BCL@900E537A acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of Del Mar is duly authorized to execute this Agreement on behalf of Del Mar. f. Del Mar does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Del Mar is convicted of a violation under 8 U.S.C. Section 1324a(f), Del Mar shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120" day after the date Del Mar has been notified of the violation. 7. Compliance with Laws. During the Term of this Agreement, Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non -Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Del Mar is prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Events of Default by Del Mar. The following events constitute a default of this Agreement by Del Mar: a. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Del Mar fails to comply with one or more terms of this Agreement. Page 3 of 7 ©BCL@900E537A 12. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar to cure the event of default. 13. Results of Uncured Default by Del Mar. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Del Mar shall immediately repay all funds paid by Corporation to them under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Del Mar of all sums due, the Corporation and Del Mar shall have no further obligations to one another under this Agreement. 14. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 15. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is Page 4 of 7 ©BCL@900E537A strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 16. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar College: Del Mar College Attn: Lenora Keas Vice -President of Workforce Development and Strategic Initiatives 101 Baldwin Blvd Corpus Christi, Texas 78404-3897 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. Page 5 of 7 @BCL@900E537A 18. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Del Mar. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. Page 6 of 7 ©BCL@900E537A APPROVED AS TO FORM: day of , 2019. Assistant City Attorney For City Attorney Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Scott Harris President Rebecca Huerta Assistant Secretary Del Mar College By: Date: Lenora Keas Vice -President of Workforce Development and Strategic Initiatives THE STATE OF TEXAS COUNTY OF NUECES § § § This instrument was acknowledged before me on , 2019, by Lenora Keas, Vice -President, Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Notary Public State of Texas Page 7 of 7 @BCL@900E537A AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 12, 2019 Second Reading Ordinance for the City Council Meeting of February 19, 2019 DATE: January 11, 2019 TO: Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Partial Easement Closure Located at 13982 Binnacle Street CAPTION: Ordinance abandoning and vacating 62.9 square feet of an existing utility easement on Lot 1, Block 712, Padre Island -Corpus Christi, Barataria Bay Unit 3, located at 13982 Binnacle Street. PURPOSE: The purpose of this ordinance is to close, abandon and vacate a portion of an existing utility easement due to house foundation encroaching into the easement. BACKGROUND AND FINDINGS: Newcastle Construction, LLC (Owner) is requesting the closing, vacation and abandonment 62.9 SQ. FT. of the existing utility easement on Lot 1, Block 712, Barataria Bay Unit 3, located at 13982 Binnacle Street. This abandonment and vacation of the utility easement is being requested by the owner due to their house foundation encroaching into the easement. All public and franchised utilities were contacted and none of the City departments or franchised utility companies stated objections regarding the proposed partial utility easement closure for the foundation encroachment. ALTERNATIVES: Denial of the proposed partial utility easement closure, abandonment and vacation will adversely impact the Owner. The newly constructed house will have to be rebuilt. OTHER CONSIDERATIONS: The owner did pass both the Property Setback and Foundation Inspections without notification of this encroachment. CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-13. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement closure. No utilities are located in the proposed partial easement closure. FINANCIAL IMPACT: ❑ Ooeratin ❑ Revenue ❑ Capital X Not Aoolicable 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: RECOMMENDATION: Staff recommends approval of the easement closure. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating 62.9 square feet of an existing utility easement on Lot 1, Block 712, Padre Island -Corpus Christi, Barataria Bay Unit 3, located at 13982 Binnacle Street WHEREAS, Newcastle Construction, LLC (Owner) is requesting the abandonment and vacating o f 62.9 SQ. Ft. of an existing utility easement out of Lot 1, Block 712, Padre Island -Corpus Christi, Barataria Bay Unit 3. Located at 13912 Binnacle Street. WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate 62.9 SQ. Ft. of an existing utility easement, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Newcastle Construction, LLC (Owner), a 62.9 SQ. Ft. of an existing utility easement out of Lot 1, Block 712, Padre Island -Corpus Christi, Barataria Bay Unit 3, 13982 Binnacle Street, as recorded in Volume 34, Page 86-87 of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. The maintenance responsibilities for the vacated easement reverts to Newcastle Construction, LLC (Owner). c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 ATTEST: day of , 2019. Rebecca Huerta Joe McComb City Secretary Mayor ExhibitA STATE OF TEXAS JOB NO. 18-1260 COUNTY OF NUECES 62.9 SQUARE FEET EASEMENT CLOSURE ALL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same being out of Lot 1, Block 712, J>adre Island- Corpus Christi, Barataria Bay Unit 3 as recorded in Volume 34, Pages 86 to 87 of the Map Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows, to wit: COMMENCING at a 5/8 inch iron rod found for the Northwest corner of said Lot 1, Block 712, same being the Northeast corner of Lot 2 of said Block 712; THENCE, along the common boundary line of said Lots 1 and 2, Block 712, SOUTH 09 degrees 55 minutes 08 seconds WEST 7.50 feet to a point, same lying in the Southwest boundary line of an existing 7.5 foot utility easement, same lying in a curve to the right with a radius of 835.40 feet; THENCE, along said Southwest boundal l' line of the 7.5 foot utility easement and with said curve to the right, a length of arc of 9.0 feet to a point for the West corner and point of beginning of this tract; THENCE, continuing along said Southwest boundary line of the 7.5 foot utility casement and said curve to the right, a central angle of 03 degrees 58 minutes 43 seconds, a radius of 835.40 feet, a tangent of 29.02 feet, a length of arc of 58.01 feet and a chord bearing and length of SOUTH 77 degrees 03 minutes 49 seconds EAST 58.00 feet to a point for the Southeast corner of this tract; THENCE, NORTH 14 degrees 55 minutes 33 seconds EAST 1.50 feet to a point for the Northeast corner of this tract; THENCE, NORTH 78 degrees 32 minutes 34 seconds WEST 58.07 feet to the point of beginning and containing 62.9 square feet of land. I hereby certify that this survey as reflected in the above Field Notes and attached plat conforms to the current Texas Surveyors Association Standards and Specifications fot• a Category IA, Condition H Land Survey. Dated this the _21st_ day of December ,2018. Ronald A. Voss, Registered Professional Land Surveyor No.2293 LOT2 Exhibit B LOT19 • LOT20 7.5 U.E. .J1.,O' LC) d c�) 0) w ©o 0 LC) r) Z 25' B. L N 78° 32' 34" W 58.07' N 14o 55' 33" E 1.50' I LOT1 SET518"1. CURVE TABLE CD [R= 835.40', LA= 85.74'] LC=(S 76° 43' 31" E 86.72') LC (S 14° 15'31" W 96.67') 13982 BINNACLE STREET (50' R.O.W.) [R= 10.00', LA= 16.54'] LC=(S 59° 31' 25" W 13.80') [R= 950.76', LA= 67.88'] LC=(N 79° 26' 43" W 68.75') 11=03°58'43" R= 835.40', LA= 58.01' T = 29.02' LC = S 77° 03' 49" E 58.00' 1 1 3 SCALE: 1" = 20' This property lies within Zone A-13 (10'), according to FIRM 92 which Iswithin the 100year Flood Plain. rAtJD WITHOUT ORIGINAL Registered Professional LSIGNATURE rd Sur eyor SttaatD e of Tlrexas No A�3 DATE: 12/26/2018 REVISION: -_-::-::-_:---- CREW: RS&DL nwi irG• R\/ R. DID G F#: : JOB#: 18-1260 KEY: WOOD FENCE [RECORDED] WIRE FENCE (MtASURED) VINYC-I-ENCE Lot 1, Block 712, Padre Island - Corpus Christi, Barataria Bay Unit 3 Volume 34, Pages 86- 87 (M,R.N.C.T.) VOSScElSV111iEEFP1NG, INC. ENGINEERING & LAND SURVEYING 6838 npEEnnninnp ppn/p rnrlpug rt -1R13), TEYAS 7gAai PHON E: 361.85 4.6202 FAX: 361.85 3.4696 FIRM NO. F-166 Partial Easement Closure For Lot 1, Block 712, Barataria Bay Unit 3 (13982 Binnacle Street) City Council Presentation February 12, 2019 Vicinity Map At N Aerial Overview 7.5' Utility Easement I x At N 3 Staff Recommendation Approval AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 12, 2019 Second Reading Ordinance for the City Council Meeting of February 19, 2019 DATE: January 10, 2019 TO: Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Easement Closure for property located at 1649 Amber Drive CAPTION: Ordinance abandoning and vacating a .02 acre (780 sq. ft.) existing utility easement on, Lot 3, Block 2, Perry's Estates, located at 1649 Amber Dr. PURPOSE: The purpose of this ordinance is to abandon and vacate an existing utility easement for a future proposal of an accessory structure. BACKGROUND AND FINDINGS: Richard Morris (Owner) is requesting the closing, vacation and abandonment of a 0.02 acre existing 15 feet wide by 52 feet long (780 sq. ft.) utility easement on, Lot 3, Block 2, Perry's Estates, located at 1649 Amber Drive. This abandonment and vacation of the utility easement is being requested by the owner due to a proposed new accessory building. All public and franchised utilities were contacted and none of the City departments or franchised utility companies stated objections regarding the proposed utility easement closure for a future accessory structure. ALTERNATIVES: Denial of the proposed utility easement closure, abandonment and vacation. This will adversely impact the Owner's ability to move forward with a future accessory structure. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-13. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement closure. No utilities are located in the proposed easement closure. FINANCIAL IMPACT: ❑ Ooeratin ❑ Revenue ❑ Capital X Not Aoolicable 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: RECOMMENDATION: Staff recommends approval of the easement closure. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating a 0.02 acre (780 SQ. FT.) existing utility easement on Lot 3, Block 2, Perry's Estates, located at 1649 Amber Drive. WHEREAS, Richard Morris (Owner) is requesting the abandonment and vacation of a 0.02 acre,15 foot wide by 52 feet long (780 sq. ft.) existing utility easement on Lot 3, Block 2, Perry's Estates, located at 1649 Amber Drive. WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 0.02 acre,15 foot wide by 52 feet long (780 sq. ft.) existing utility easement, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Richard Morris (Owner), a 0.02 acre existing utility easement o n Lot 3, Block 2, Perry's Estates, located at 1649 Amber Drive, as recorded in Volume 67, Page 237 of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. The maintenance responsibilities for the vacated easement reverts to Richard Morris (Owner). c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 MURRAY BASS, JR., P.E., R.P.LS. NIXON M. WELSH, P.E., R.P.LS. www.hass-wclsh.com BASS & WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 October 12.2018 Field Note Description Easement Closure 3054 S. ALAMEDA, ZIP 78404 361 882-5521- FAX 361 882-1265 e-mail: murrayjrAaol.com e-mail: nixmw] (a,g ma j !.c orn Being a tract situated in Corpus Christi, Nueces County, Texas, being generally described as that 15 -foot wide utility easement along the east boundary of Lot 3, Block 2, Perry's Estates as shown on the map thereof recorded at Volume 63 at Page 163 of the Deed Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at southeast comer of said Lot 3 for the southeast comer of this tract; THENCE N 6o sa•oo• W a distance of 15.00 feet to a point for the southwest comer of this tract; THENCE N 29.02'00• Ea distance of 52.00 feet to a point in the north line of Lot 3for the northwest comer of this tract; THENCE 560°58'00. E along the north line of Lot 3,a distance of 15.O0feet to the northeast comer of Lot 3 and the northeast comer of this tract; THENCE 5 29°02'00. W along the east boundary of Lot 3 a distance of 52.00 feet to the POINT OF BEGINNING fanning a tract embracing 780 square feet (0.02 acres) Note: Basis of Bearing is the east boundary of lot 3, Block 2, Perry's Estates as shown on the map of record. MBJ:sab 18065 -Field Note Desc.doc EXHIBIT "A" Page 1 of 1 I.OT 1, BLOCK 7 FLOUR BWFF GARDENS 5� U.E. 5' U.E. N29'02'00"E 52.00' z m co 0 0 O 0 0 25' Y.R. LOT 3, BLOCK 2 PERRY'S ESTATES (/) Em [J) 0 0 /TIS O 0 0 N29'02'00"E 52.00' 0i 0CLOSU/ RE N/9"05:014 0" 521 ti POINT OF BEGINNING 25' Y.R-.- LOT 4, BLOCK 2 PERRY'S ESTATES EASEMENT CLOSURE PERRY'S ESTATES BLOCK 2, LOT 3 by= Bass ci' Welsh Engineen"ng 3054 So. Alameda St. Corpus Christi, Tx. 78404 (361) 882-5521 (phone) (361) BB2-1265 (fox) Rrm Registration No. F-52 EXHIBIT "B" AREA 780 SQ. FT. 0.02 ACRES Job No: 18065 Scole: ,... JO' fiRtwidg2 icActi.9'diosure Plotscale: 1""1 Sheet 2 of 2 Easement Closure for Lot 3, Block 2, Perry's Estates (1649 Amber Drive) City Council Presentation February 12, 2019 Vicinity Map 15 -foot wide utility easement runs 52.00 -feet in length At N 2 Aerial Overview At N Staff Recommendation Approval AGENDA MEMORANDUM First Reading for the City Council Meeting of February 12, 2019 Second Reading for the City Council Meeting of February 19, 2019 DATE: January 16, 2019 TO: FROM: Keith Selman, Interim City Manager Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Ordinance Exempting Heines Substation from Wastewater Acreage Fees CAPTION: Ordinance exempting Heines Substation located at the Northwest corner of Holly Road and Ennis Joslin Alignment, from the payment of wastewater acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring a sanitary sewer connection agreement. PURPOSE: Exempt the owner/developer of Heines Substation from paying $6,284.00 in wastewater acreage fees subject to execution of a Sanitary Sewer Connection Ag reement. BACKGROUND AND FINDINGS: CDS Muery, on behalf of American Electric Power (AEP), property owner, submitted a request for an exemption from the wastewater acreage fees in accordance with Section 8.5.2.G. The potential wastewater acreage fee is $6,284.00 based on the rate of $1,571 per acre. The subject property consists of 4 acres. Heines Substation, is a final plat of 4 acres, consisting of one (1) lot, Zoned Residential Two- Family ("RS -TF"). The final plat was approved by Planning Commission on January 9, 2019. The subject property is located on t h e Northwest corner of Holly Road and Ennis Joslin Alignment. 1 On January 9, 2019, the Planning Commission granted a waiver to the requirement to connect to sanitary sewer, finding that the subdivision was not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards and wastewater master plan. The subject property will provide on-site sewage facilities in conformance with the regulatory agency (City -County Health Department). Per UDC 8.5.2.G, areas exempt from the payment of lot or acreage fees shall be determined by the City Council to not likely be served by City wastewater services within the next 15 years. Staff does not anticipate availability of service to this property within the 15 -year term. ALTERNATIVE: Require t he owner to pay the applicable wastewater acreage fees in the amount of $6,284.00 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: This item was coordinated with the Utilities Department. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑X 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 2 RECOMMENDATION: On January 9, 2019, the Planning Commission recommended that City Council approve the exemption of the wastewater acreage fee subject to a Sanitary Sewer Connection Agreement. The agreement will require payment of the pro -rata fee in effect when public wastewater service becomes available. The agreement will also require payment of the wastewater lot or acreage fee in effect if public wastewater becomes available within 15 years of the plat being filed for record. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation 3 Page 1 of 2 Ordinance exempting Heines Substation located at the Northwest corner of Holly Road and Ennis Joslin Alignment from the payment of wastewater acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring a sanitary sewer connection agreement. WHEREAS, Heines Substation located at the northwest corner of Holy Road and Ennis Joslin Alignment is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommend to City Council that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that Heines Substation located at the northwest corner of Holy Road and Ennis Joslin Alignment is not likely to be served by city wastewater service within the next fifteen (15) years and is exempt from the payment of wastewater lot or acreage fees at this time, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS COUNTY OF NUECES § § § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and American Electric Power, 1 Riverside Plaza, Columbus, Ohio 43215 hereinafter called "Developer/Owner". WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Heines Substation, Located at the Northwest corner of Holly Road and Ennis Joslin Alignment and, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF HEINES SUBSTATION, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. EXECUTED original, this �5� day of -30•A4.1ar 2019. DEVELOPER/OWNERS: P. Todd Ireland American Electric Power OHIO STATE OF TCXAS § FAANKLtN § COUNTY OF-NUECES" § This instrument was acknowledged before me on this To-tk c r , 2019, by ji), 1 Dot/ De. atAck. ,0%1111111f 1111/1��I,I 410,0 Qvg�1C Fp`•,�� 4,1 eft,= Sanitary Se Heines Subst ry Public, State of Texas , day of Page 2 of 4 CITY OF CORPUS CHRISTI: Nina Nixon -Mendez, FAICP Director of Development Services THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on , 2019, by , Director of Development Services for the City of Corpus Christi, Texas. Notary Public's Signature APPROVED as to form: Buck Brice Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Heines Substation Page 3 of 4 Wastewater Acreage Fees Exemption Heines Substation (Final Plat) City Council Presentation February 12, 2019 Vicinity Map i N Aerial of Master Plan -Required Wastewater Construction 1 N Oso Wastewater Master Plan Plat: Heines Substation LOCAJ1ON MAP iw� A:1 -7w EelE 1_1 NE ME PLAT. NON OrrES LAIN B.NRE Fr. INELANE STNErr DONNE. . os•n.w.,.vrrc,.E u.,m oa.e...lr mrE we as.ao-n ,e c..a. x..ixx wE a ae ON naa ewxOS, mu nuE OWE o>o nwrz M19, we 1083 ON. EwM NNE os. E. we.» PRE BARBEE we WV BE a..E.EEI m no Er e.e= En TME mai MOIRE a PLAT ESTABLISHING HEINES SUBSTATION CDSmucr NEI A6 74 REV, PUBLIC. norOLS MINT, 1EN•S NENE SHEET 1 OF I 5 Planning Commission and Staif Recommendation Approval of Wastewater Acreage Fees Exemption, subject to Sanitary Sewer Agreement DATE: TO: FROM: AGENDA MEMORANDUM First Reading for the City Council Meeting of February 12, 2019 Second Reading for the City Council Meeting of February 19, 2019 January 16, 2019 Keith Selman, Interim City Manager Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Ordinance Exempting Swan Village Unit 1 from Wastewater Acreage Fees CAPTION: Ordinance exempting Swan Village Unit 1 located on FM 2444, between CR 41 and CR 43, from the payment of wastewater acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring a sanitary sewer connection agreement. PURPOSE: Exempt the owner/developer of Swan Village Unit 1 from paying $70,531.62 wastewater acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: GTHH Development, LLC, property owner, submitted a request for an exemption from the wastewater acreage fees in accordance with Section 8.5.2.G. The potential wastewater acreage fee is $70,531.62, based on the rate of $1,571 per acre. The subject property consists of 44.896 acres. Swan Village Unit 1 is a final plat of 44.896 acres, consisting of one (1) lot, Zoned Residential Single Family. The final plat was approved by Planning Commission on January 9, 2019. The subject property is located on FM 2444, between CR41 and CR 43. 1 On January 9, 2019, the Planning Commission granted a waiver to the requirement to connect to sanitary sewer, finding that the subdivision was not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards and wastewater master plan. The subject property will provide on-site sewage facilities in conformance with the regulatory agency (City -County Health Department). Per UDC 8.5.2.G, areas exempt from the payment of lot or acreage fees shall be determined by the City Council to not likely be served by City Wastewater services within the next 15 years. Staff does not anticipate availability of service to this property within the 15 -year term. ALTERNATIVE: Require the owner to pay the applicable wastewater acreage fee in t he amount of $70,531.62 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: This item was coordinated with the Utilities Department. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑D 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 2 RECOMMENDATION: On January 9, 2019, the Planning Commission recommended that City Council approve the exemption of the wastewater acreage fee subject to a Sanitary Sewer Connection Agreement. The agreement will require payment of the pro -rata fee in effect when public wastewater service becomes available. The agreement will also require payment of the wastewater lot or acreage fee in effect if public wastewater becomes available within 15 years of the plat being filed for record. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation 3 Page 1 of 2 ORDINANCE exempting Swan Village Unit 1 located on FM 2444, between CR 41 and CR 43, from the payment of wastewater acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring a sanitary sewer connection agreement WHEREAS, Swan Village Unit 1, located on south side of Farm -to -Market Road 2444 (FM 2444), between County Road 41 and County Road 43 is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommend the City Council that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to the request of Swan Village Unit 1, GTHH Development, LLC. ("owner"), the Planning Commission has recommended City Council approving the applicant request to waive sanitary sewer infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC) and an exemption from the wastewater lot or acreage fee in accordance with Section 8.5.2.G of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. Page 2 of 2 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and GTHH Development, LLC, 4822 Saratoga Blvd PMB 423, Corpus Christi, TX, 78413 hereinafter called "Developer/Owner". WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Swan Village Unit 1, Located on FM 2444, between County Road 41 and County Road 43. ," (Exhibit 1); and WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF SWAN VILLAGE, UNIT 2, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. EXECUTED original, this day o DEVELOPER/OWNERS: ed Mostaghasi, Pa ner GT H Development, LL STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this '2'3 , day of , 2019, by [fiU`YIQd tkivsititha ��µY PU8" YVONNE MUNOZ ID# 12465834-3 `� A Notary Public STATE OF TEXAS 9rEOF......'. My Comm. Exp. 08-22-2019 Nota , "'u: 'c, Stat-' of as CITY OF CORPUS CHRISTI: Nina Nixon -Mendez, FAICP Director of Development Services THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on , 2019, by , Director of Development Services for the City of Corpus Christi, Texas. Notary Public's Signature APPROVED as to form: Buck Brice Assistant City Attorney For City Attorney EXHIBIT 1 —A a 0 rrr A 8 8 Y. n n A 9 Q 9 9 6oa� aaa !W.?. Gg W,� 4 `�d� gi. Tog �aH asao uaa9 0 { 0 VLa s71 xY Ng,o y2WUk NtSgu • p o� 4 m E 9 ran !ii 0„n "rvu $HR 8 t g yua ® 9a48 aaa-, aaaog a ^Ea vg 8- 19 93.52 ACRES SEG u 1aN TEMPORARY PRIVATE DRAINAGE EASEMENT BY SEPARATE INSTRUMENT - RECORED BY DOG -# 1 QtiF ca ]NO 3SvHd - DDV11IA N'MS r 0 T Wastewater Acreage Fees Exemption Swan Village Unit 1(Final Plat) City Council Presentation February 12, 2019 Vicinity Map s.staples.5t t CR 43 South Texas Botanical Gardens & Nature Center i N 2 Aerial of Master Plan -Required Wastewater Construction �,■■■■■■■■■■■�■.■ . . . . • . • • .■ . • ■ . ■ ■ ■ •■ ■ . • . . . . . • ■ . • ■ . Nearest Existing . Wastewater Manhole Swan Village Preliminary • m Plat Boundary �1 1000 Boundary ■■■.■...■■■■....■■■r 3 Plat: Swan Village, Unit 1 PLAT OF SWAN VILLAGE - PHASE OhE OF THE SOUTH HALF OF SECTION 313 OHO A RUM AHD HTHE ••CMOA HALF OF SC O:M.33, AAPE1£S FA1U1 IUEC, A YAP OF MUCH I, PECOR]E= IN •CAME 3. 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VA' r a_ ae%net L a= sc a¢`a'F • Planning Commission and Staif Recommendation Approval of Wastewater Acreage Fees Exemption, subject to Sanitary Sewer Agreement AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting on February 12th, 2019 Second Reading Ordinance for the City Council Meeting on February 19th, 2019 DATE: February 2, 2019 TO: Keith Selman, Interim City Manager FROM: Grayson Meyer, Interim Business Liaison GraysonM©cctexas.com 361-826-3842 Approving Amendments to the TIRZ #2 Project and Financing Plan CAPTION. Ordinance approving the amendment to the Tax Increment Reinvestment Zone #2 amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas. PURPOSE: The purpose of this item is to amend the TIRZ #2 Project Plan and Financing Plan. BACKGROUND AND FINDINGS: On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a Tax Increment Financing District and associated Tax Increment Reinvestment Zone #2 covering portions of North Padre Island and Mustang Island. The dollars claimed by the Tax Increment Financing District were to provide the local share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project carried out by the U.S. Corps of Engineers and now known as the Packery Channel. The TIRZ #2 is a reinvestment zone pursuant to Chapter 311 of the Texas Tax Code. All expenditures of the TIRZ #2 must be consistent with Chapter 311 and must be recommended by the Board. The TIRZ #2 was created by Ordinance 024270, which charges the Board with making recommendations to City Council concerning the administration and expenditures of the Zone and preparing and recommending the Plan. This amendment dated January 22, 2019 will accomplish the following: 1. Project #10 — Packery Channel Dredging and Beach Nourishment - Requesting authorization to expend up to $350,000 for the estimated design costs of Packery Channel dredging and beach nourishment of approximately 300,000 cubic yards of sand. Dredging is estimated to be needed in the Winter of 2020, but will be determined by results of annual study of channel. 2. Project #14- Periodic Survey of Channel Conditions and Shoreline - Requesting authorization to expend up to $286,000 for the following: a. $54,000 for Packery Channel Monitoring Project (abbreviated bathymetric channel survey by Texas A&M University Corpus Christi). Work Complete. b. $27,000 a Packery Channel Monitoring Program Review for Mott McDonald c. $205,000 for Annual Full Survey (Peak Summer) by Texas A&M University Corpus Christi. No budget amendment is required. Funding levels are currently sufficient to support these expenditures. TIRZ 2 Board approved this item on January 22nd, 2019. ALTERNATIVES: Deny project plan amendments. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Legal Finance 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: Comments: NA RECOMMENDATION: City staff recommends approval of this amendment. LIST OF SUPPORTING DOCUMENTS: Resolution — TIRZ#2 Project and Financing Plan TIRZ #2 Project & Financing Plan (January 22, 2019 Update) Exhibit H ORDINANCE APPROVING THE AMENDMENT TO THE TAX INCREMENT REINVESTMENT ZONE #2 AMENDED PROJECT & FINANCING PLANS APPROVED BY THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NUMBER TWO, CORPUS CHRISTI, TEXAS. WHEREAS, in 2000, through Ordinance 024270, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas," over a portion of the City on Padre Island; WHEREAS, Ordinance 024270 included a preliminary reinvestment zone financing plan; WHEREAS, on September 29, 2009, the City Council passed Ordinance 028329, which approved the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Plan"); WHEREAS, the Plan was last amended on October 16, 2018; WHEREAS, on January 22, 2019, the Board of Directors of Reinvestment Zone Number Two took action to approve amendments to the language of the Plan; WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the Board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the amendments to the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas ("the Plan") for the Reinvestment Zone Number Two, Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Two on January 22, 2019. A copy of the Plan is attached hereto and incorporated as "Exhibit A." That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 TAX INCREMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI PROJECT AND FINANCING PLANS (Revised 09/29/2009; Amended 03/22/2011; 09/13/2011; 10/29/2013, July22, 2014, February28, 2017, August 22, 2017, December 19, 2017, and January 22, 2019) The Tax Increment Reinvestment Zone #2 Project Plan) (Plan) (last revised and/or amended on 2/28/17) is amended to update and revise the Plan this 22nd Day of January 2019 by adding the bold and underlined text as shown: REINVESTMENT ZONE PROJECT PLAN This Project Plan identifies the improvements and planned expenditures that may be funded by tax increments generated within Tax Increment Reinvestment Zone #2, City of Corpus Christi ("TIRZ #2). No tax increments for new expenditures authorized by this Project Plan may be expended if the tax increments are required to fund any obligations incurred by the North Padre Island Development Corporation prior to the date of the adoption and approval of this Project Plan. On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a tax increment financing district covering portions of North Padre Island and Mustang Island. This tax increment financing would be used primarily to provide the local share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project ("Packery Channel project"). Then on June 27, 2000, the City Council approved the preliminary Project and Financing Plans, and notified other taxing jurisdictions of its intention to create a tax increment reinvestment zone. A notice of a public hearing on the creation of the zone was published on August 22, 2000, and the public hearing was held on August 29, 2000. On August 29, 2000 the City Council passed the first reading of the ordinance that established TIRZ #2. Ordinance 024270, which established TIRZ #2 was formally adopted after being passed on the second reading on November 14, 2000. Subsequently on October 8, 2002, the City Council approved Resolution 025040, which established the North Padre Island Development Corporation ("NPIDC"). The NPIDC was created to aid, assist, and act on behalf of the City and TIRZ #2 in performing governmental functions to promote the common good and general welfare of the City, including the area within the TIRZ #2 zone. Then on February 25, 2003, the NPIDC, TIRZ #2, and City Council authorized an agreement by and among the City of Corpus Christi, Texas; Reinvestment Zone Number Two, City of Corpus Christi; and the North Padre Island Development Corporation, dated February 1, 2003. This agreement commonly referred to as the "Tri -Party Agreement" spells out the responsibilities of each of the parties in the administration and financing of TIRZ #2. The three entities also recommended, authorized, and approved the Project and Financing Plans for TIRZ #2 on February 25, 2003. The initial Project Plan and Financing Plan basically addressed the funding of the City's share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project. The Packery Channel project had been discussed and studied over a number of years. The project involved the placement of sand in front of the concrete Padre Island Seawall to restore the beach and protect the seawall. The sand was to be taken from the dredging and channelization of a reopened Packery Channel. The Packery Channel project also consisted of long jetties, walks, mitigation, public facilities, and reserve for long-term maintenance. The estimated cost of the Packery Channel project was approximately $30 million. Packery Channel Project Plan Amendment Page 1 of 8 The Packery Channel project was included in Section 556 of the Water Resources Development Act of 1999. The Act also required the U. S. Army Corps of Engineers (USACOE) to undertake two studies: (1) to determine if the project is environmentally acceptable and (2) to determine if the project is technically sound. A relatively small amount of money was made available by the Federal government for the studies. The local share of the project, which was estimated at approximately $10.5 million, could come from tax increment financing. This type of financing was authorized by a State Constitutional Amendment. The basic theory of tax increment financing is that "the construction of certain public improvements will generate higher tax revenues due to additional private development." The concept of tax increment financing is "but for the construction of the public improvements, the higher tax receipts would not occur." In this particular case, the City believed that completion of the project would result in significantly increased taxes through both new private investment and increases in the existing tax values. The preliminary financing plan that was adopted by the City Council, when it authorized the creation of TIRZ #2, called for funding $10.5 million as the City's share of the Packery Channel project, plus $750,000 for construction of the parking lot on the Padre Island concrete seawall. The estimates in the preliminary financing plan were refined, and the Project and Financing Plans, dated February 1, 2003, estimated that $12,000,000 in debt would be needed to complete the initial project costs. The plans identified $3,000,000 in surplus tax increments or bonds for secondary development improvements, which included the construction of seawall parking lot and $2,000,000 for a "parks & recreation center." A copy of the projected project costs from the 2003 plans is attached to and incorporated into this plan as Exhibit A. A project consisting of the construction of two bridges on Park Road 22 is added in the February 28, 2017 amendment. A project consisting of the traffic improvements on Windward Drive at Saint Augustine Drive is added in the August 21, 2018 amendment. Additionally, as part of this amendment a project is added for a market and feasibility study for the renewal of TIRZ #2 beyond 2022. Under §311.011(b)(1), Texas Tax Code, the Project Plan must have a map showing existing uses and conditions of real property in the zone, and a map showing proposed improvements to and proposed uses of that property. A map of TIRZ #2 is attached as Exhibit B, and is incorporated into this plan. A map of the current land uses within TIRZ #2 and the surrounding area is attached as Exhibit C, and is incorporated into this plan. A map of the current zoning within TIRZ #2 and the surrounding area is attached as Exhibit D, and is incorporated into this plan. A map of the future land uses within TIRZ #2 and the surrounding area based on the City Comprehensive Plan's Future Land Use Plan, adopted May 24, 2004 (Ordinance 026278), is attached as Exhibit E, and is incorporated into this plan. The Island Action Group Capital Improvement Priorities Report, dated 10/14/2005, which identifies needed capital improvements on Mustang and Padre Islands, including the areas within TIRZ #2, has been reviewed to identify improvements that could be funded through the tax increments developed within TIRZ #2. Exhibit F is a map showing specific projects that are included in this Project Plan. That exhibit is incorporated into this plan. This exhibit has been updated to include the location of the Mobi-Mats and traffic improvements on Windward at Saint Augustine Drive. All of the specific projects are situated on public land and involve recreational use and activities. Due to damage caused by Hurricane Harvey, a Packery Channel revetment repair project is needed. Packery Channel Project Plan Amendment Page 2 of 8 Under §311.011(b)(2), Texas Tax Code, the Project Plan must address proposed changes of zoning ordinances, the master plan of the municipality, building codes, other municipal ordinances, and subdivision rules and regulations, if any, of the county, if applicable. While the City is in the process of adopting a unified development code that will replace the current zoning and platting ordinances, there are no substantive changes being recommended that would affect TIRZ #2. At the time of adoption of this Project Plan, there are no pending cases to rezone properties within TIRZ #2. The City is considering rezoning portions of the property that it leases from the Texas General Land Office ("GLO"). As a condition of the GLO lease, the City is required to prepare a development plan for any commercial development on the leased property. While a draft Packery Channel development plan has been prepared and presented to the City Council, Planning Commission, GLO, Nueces County Parks Board, Nueces County Dune Committee, and City Beach Advisory Committee, for incorporation into the Mustang Padre Island Area Development Plan, the City Council has not officially adopted the plan, and the City is discussing features of the proposed plan with the GLO. The City will propose rezoning to match the needs identified in the Packery Channel development plan. The City is working with GLO on the voter approved proposed changes to Chapter 10, Code of Ordinances, which contains the City's GLO approved beach and dune rules. This proposed change addresses driving on the beach seaward of the concrete Padre Island seawall, and the installation of bollards on the beach seaward of the concrete seawall and between the seawall and southern Packery Channel jetty. There are no other proposed changes to the City's beach or dune permitting rules. However, the Nueces County Beach Management Committee has recommended approval of the changes to their beach management regulations. The Nueces County Commissioners' Court has not approved the changes, and they have not been sent to the GLO for public comment in Texas Register. Under §311.011(b)(3), Texas Tax Code, the Project Plan must contain a list of estimated nonproject costs. The City has been trying to obtain additional Federal funding to cover some of the costs of the recreational enhancements within the North Padre Island Storm Damage Reduction and Environmental Restoration Project and repairs to storm damage from Hurricane Ike. The City will also seek grants and other funding opportunities from the State of Texas and others to offset some of the costs identified in this Project Plan. The level of that funding, if any, that can come from Federal, State, or other funding sources is not known. To the extent Federal, State, or other funding is received, the amount of tax increments that need to be dedicated to completing these improvements will be reduced. Under §311.011(b)(4), Texas Tax Code, the Project Plan must contain a statement of a method of relocating persons to be displaced as a result of implementing the plan. None of the proposed improvements should result in relocation of any person; therefore this requirement is not applicable to the implementation of this plan. REINVESTMENT ZONE FINANCING PLAN Under §311.011(c)(1), the Reinvestment Zone Financing Plan must contain an Estimated Project Cost Description, and under §311.011(c)(2), it must describe the Kind, Number, and Location of TIRZ Improvements. Under this Revised Project Plan and Reinvestment Zone Financing Plan, the following improvements and activities may be funded from current available revenues: Packery Channel Project Plan Amendment Page 3 of 8 Packery Channel Project Area Improvements: Subject to the availability of the estimated funds in the TIRZ #2 tax increment fund and funding from the Federal Government as authorized by the Water Resources Development Act, construction of the improvements in the TIRZ#2 referendum voter information sheet and Phases 3 — 7 Packery Channel public recreational improvements and amenities shown on the engineering drawings referred to as the Packery Channel "Six Pack," which is incorporated into this Project Plan as Exhibit G. - - - _ • - _ - _ _ - • _ and is shown in Exhibit_H has been amended to reflect all TIRZ #2 Project Updates and which also includes estimates and details regarding the Packery Channel revetment reimbursement project and the traffic improvements on Windward at Saint Augustine Drive. Additionally, an estimated $50,000 will be budgeted for the market and feasibility study for the renewal of the TIRZ #2 beyond 2022. Construction of the Phase 4 ADA ramps is contingent upon approval of the General Land Office of the installation of temporary hard parking surfaces for parking for the disabled on the beach at the end of the ADA ramps and will be constructed with Phase 3 if approved. •- - Yearly Miscellaneous Improvements required for support of Packery Channel, exclusive of the previously identified capital projects Phases 3 though 7, could include periodic surveys of channel conditions, shoreline, and jetty revetments, access to beach and sand redistribution are proposed to be budgeted on an annual basis pending the availability of funds. These Yearly Miscellaneous Improvements specifically include routing, monitoring, and surveys of the Packery Channel and the Gulf beach. Operation of a marine patrol to reduce shoreline erosion along Packery Channel, specifically along the Mollie Beattie Preserve pending the availability of funds. Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services, consulting services, document production and maintenance, and other administrative costs. Costs for design, permitting and dredging of Packery Channel have been included in future years subject to need and pending the availability of funds. The Zone's annual budget will be adopted by the Zone's Board of Directors on an annual basis, based upon the City of Corpus Christi's fiscal year, and attached to this plan as Exhibit I. Improvements in other areas within TIRZ #2: A specific list of projects will be developed in consultation with various organizations and interested residents of North Padre Island and businesses located within TIRZ #2. These projects may include projects to acquire, construct, reconstruct, or install public works, facilities, or sites or other public improvements, including landscaping, utilities, streets, street lights, water and sewer facilities, pedestrian malls and walkways, parks, flood and drainage facilities, or parking facilities, but not including educational facilities. Packery Channel Project Plan Amendment Page 4 of 8 One improvement to the TIRZ #2 is the construction of two bridges on Park Road 22 between Commodores and Whitecap. The bridges will require up to $4,000,000 of TIRZ #2 funding and will allow for travel over canals that are to be built by a third party developer in the area. The funds for the Park Road 22 Bridge are to be held contingent on the completion of the canals and approval of the construction plans to proceed by the City and the City Council within 24 months after February 28, 2017. As required by §311.011(c)(3), an updated economic feasibility Study for TIRZ #2 was completed by CDS Market Research 1 Spillette Consulting in September 2009. It is provided in a separate document. Under §311.011(c)(4), the Project Plan and Reinvestment Zone Financing Plan must include an estimate of bonded indebtedness. TIRZ #2 may be used to support bonded debt issued to fund specific projects, or the project costs may be funded on a pay-as-you-go basis, or utilize other financing methods. Under §311.011(c)(5), the Project Plan and Reinvestment Zone Financing Plan must describe the timing of incurring costs or monetary obligations. TIRZ #2 project costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you-go project expenditure approach, a bonded debt issuance, or other forms of project financing. Under §311.011(c)(6), the Project Plan and Reinvestment Zone Financing Plan must describe the methods of financing and sources of revenue. TIRZ #2 could use several methods of financing, including but not limited to the following: • Cash funds generated from existing property value increment, • Bonded debt issuances backed by TIRZ #2 revenue to fund the associated debt service, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from TIRZ #2 property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. The term of any debt for which debt services payments are to be funded by TIRZ #2 revenue will not extend past the duration of TIRZ #2. The primary source of revenue for TIRZ #2 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, Nueces County Hospital District, Del Mar College, and the Farm to Market Road on the taxable property value increment within TIRZ #2. Based on existing interlocal agreements with each taxing jurisdiction listed above, it is currently projected that each of these entities will agree to participate in funding TIRZ #2 with 100% of the incremental property taxes collected over the life of zone, except for Del Mar College, which will contribute 20% in 2009 and 0% thereafter. The assessed value base year Sources of Revenue' Packery Channel Project Plan Amendment Page 5 of 8 Tax Year City of Corpus Christi Nueces County Nueces County Hospital District Del Mar Jr. College Farm to Market Road Total 2009 1,597,917 985,617 406,158 137,838 12,165 3,139,695 2010 1,273,417 786,419 324,072 - 9,709 2,393,616 2011 1,203,508 745,121 307,054 - 9,201 2,264,884 2012 1,372,033 849,855 350,213 - 10,494 2,582,595 2013 1,519,533 941,476 387,968 - 11,625 2,860,601 2014 1,645,468 1,019,647 420,181 - 12,590 3,097,886 2015 1,761,879 1,091,870 449,943 - 13,481 3,317,173 2016 2,162,313 1,340,366 552,345 - 16,549 4,071,572 2017 2,615,229 1,621,428 668,166 - 20,018 4,924,842 2018 3,127,882 1,939,557 799,263 - 23,945 5,890,647 2019 3,708,557 2,299,895 947,753 - 28,393 6,984,598 2020 4,366,726 2,708,317 1,116,057 - 33,435 8,224,535 2021 5,113,212 3,171,538 1,306,944 - 39,153 9,630,847 2022 5,960,390 3,697,237 1,523,577 - 45,642 11,226,846 Total 37,428,065 23,198,342 9,559,692 137,838 286,400 70,610,338 1 Assumes 95% tax collection rate. for all participating taxing entities is 2000. Based upon 2008 tax rates for each jurisdiction, the projection of incremental property tax revenue contributed to TIRZ #2 is as follows: These revenue projections assume a 95% tax collection rate for all three taxing jurisdictions. According to these projections, 53.0% of the tax increment revenues will come from the City, 32.9% will come from the County, 13.5% will come from the County Hospital District, 0.2%% will come from Del Mar College, and 0.4% will come from the Farm to Market Road. Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources of revenue as available. These could include but are not limited to: • Grants from other local, state, and federal agencies; • Grants from private entities such as foundations; and • Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects. Under §311.011(c)(7), the Project Plan and Reinvestment Zone Financing Plan must give the current appraised value of the zone. According to the Nueces County Appraisal District, the 2009 certified taxable appraised value for the Zone is $356,833,583 for the City of Corpus Christi, $ 353,059,772 for Nueces County and the County Hospital District, $ 358,753,875 for Del Mar College, and $ 352,808,877 for Farm to Market Road. Due to outstanding property accounts under value protest, these certified values will increase over time. Packery Channel Project Plan Amendment Page 6 of 8 Under §311.011(c)(8), the Project Plan and Reinvestment Zone Financing Plan must provide an estimate of the captured appraised value for TIRZ #2 during the years of its existence. The table on the next page provides the projected schedule of taxable value increment captured by the zone over remainder of its duration. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the participating jurisdictions. Therefore, there is a table shown for each entity. Under §311.011(c)(9), the Project Plan and Reinvestment Zone Financing Plan must state the duration of TIRZ #2. The zone has thirteen four tax years remaining and will expire after 2022. Packery Channel Project Plan Amendment Page 7 of 8 Estimated Captured Appraised Value PROJECTED ASSESSED VALUE Tax Year City of Corpus Christi Nueces County Nueces County Hospital District Del Mar Jr. College Farm to Market Road 2009 - 380,825,433 377,027,804 377,027,804 382,757,294 376,776,909 2010 320,245,351 317,347,217 317,347,217 321,720,450 317,163,481 2011 307,194,087 304,974,332 304,974,332 308,324,444 304,840,076 2012 338,655,659 336,353,086 336,353,086 339,828,313 336,214,560 2013 366,192,055 363,803,032 363,803,032 367,408,871 363,660,078 2014 389,702,663 387,223,386 387,223,386 390,965,597 387,075,840 2015 411,435,230 408,861,715 408,861,715 412,746,329 408,709,405 2016 486,191,313 483,312,318 483,312,318 487,658,942 483,142,951 2017 570,745,210 567,519,915 567,519,915 572,390,395 567,331,227 2018 666,451,157 662,832,970 662,832,970 668,297,914 662,622,374 2019 774,856,231 770,791,945 770,791,945 776,931,996 770,556,480 2020 897,728,294 893,157,125 893,157,125 900,064,425 892,893,404 2021 1,037,088,042 1,031,940,526 1,031,940,526 1,039,720,393 1,031,644,672 2022 1,195,245,758 1,189,442,482 1,189,442,482 1,198,215,334 1,189,110,054 ASSESSED VALUE INCREMENT Tax City of Corpus Nueces County Del Mar Jr. Farm to Market Year Christi Nueces County Hospital District College Road 2009 298,311,566 295,295,463 295,295,463 300,048,697 295,195,765 2010 237,731,484 235,614,876 235,614,876 239,011,853 235,582,337 2011 224,680,220 223,241,991 223,241,991 225,615,847 223,258,932 2012 256,141,792 254,620,745 254,620,745 257,119,716 254,633,416 2013 283,678,188 282,070,691 282,070,691 284,700,274 282,078,934 2014 307,188,796 305,491,045 305,491,045 308,257,000 305,494,696 2015 328,921,363 327,129,374 327,129,374 330,037,732 327,128,261 2016 403,677,446 401,579,977 401,579,977 404,950,345 401,561,807 2017 488,231,343 485,787,574 485,787,574 489,681,798 485,750,083 2018 583,937,290 581,100,629 581,100,629 585,589,317 581,041,230 2019 692,342,364 689,059,604 689,059,604 694,223,399 688,975,336 2020 815,214,427 811,424,784 811,424,784 817,355,828 811,312,260 2021 954,574,175 950,208,185 950,208,185 957,011,796 950,063,528 2022 1,112,731,891 1,107,710,141 1,107,710,141 1,115,506,737 1,107,528,910 I Packery Channel Project Plan Amendment Page 8 of 8 LIST OF EXHIBITS Exhibit A Packery Channel Project Costs and Funding from Project and Financing Plans dated February 1, 2003 Exhibit B Map of TIRZ #2 Exhibit C Current land use map Exhibit D Current zoning map Exhibit E Future land use map Exhibit F Project Plan Map (Rev'd 10/22/2013; last updated August 21, 2018) Exhibit G "Six Pack" engineering drawings Exhibit H Projects with Funds from Tax Increment Reinvestment Zone #2 City of Corpus Christi (Updated January 22, 2019) Exhibit I Fiscal Year 2019 Reinvestment Zone #2 Budget 2009 TIRZ #2 Economic Feasibility Study by CDS Market Research Spillete Consulting Packery Channel Project Plan Amendment PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL January 22, 2019 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 1 Packery Channel South Parking Lot Improvements This project consisted of the demolition of existing facilities, construction of approximately 11,500 square yards of new flexible pavement, parking lot, two concrete driveways, minor water and wastewater improvements, landscaping improvements, lighting improvements, and concrete pedestrian ramp. $640,447 Completed March 2006 Projects Include: Packery Channel Monitoring FY 2008-2009 Complete Packery Channel Monitoring FY 2009-2010 Complete Packery Channel Monitoring FY 2010-2011 Complete 2 Packery Channel South Parking Lot, Landscaping Phase 2 This project consisted landscaping and irrigation improvements to the newly constructed 300 -space parking area including the construction of new planting islands with mexican fan palms, sea grape trees, decorative rock and irrigation. $145,461 Completed March 2008 3 Packery Channel Boat Ramp Parking Lot / Access Road This project consisted of the construction of approximately 17,000 square yards of HMAC flexible pavement parking facility adjacent to the existing Packery Channel Boat Ramp; construction of an access road and related signage and pavement markings, and the installation of 1,000 square yards concrete reinforced pavement adjacent to boat ramp, concrete bollards; minor drainage improvements; 3,500 linear feet of electrical conduits; and minor landscaping. $1,053,176 total project cost. $549,216 from TIRZ #2 Completed July 2009 4 Packery Channel Boat Ramp Dredging This project consisted of dredging approximately 17,800 cy of the Packery Channel Boat Ramp and adjacent area. The work included environmental control measures to prevent erosion and allow for discharge of water from the dredging operations to discharge into the surf of the Gulf of Mexico. Minor amount of stone were installed at the boat ramp to enhance shoreline protection. $431,377 Completed April 2010 5 Packery Channel South Parking Lot Restroom (Phase 1) This project included the construction of restroom facilities at the South Parking Lot at the beach seawall on Windward Drive. The project included separate men and women facilities to with showers, toilets, changing stations, outdoor seating area, and native landscaping. $460,743 Completed July 2010 6 Packery Channel Parking Lot and Overlooks (Phase 2) This project consisted of improvements along the north and south sides of Packery Channel including seven overlook structures, parking lot, access road, pedestrian walkways, storm water structures lighted bollards with electrical receptacles, lighting, landscaping, concrete benches and repairs to shoreline structures. $2 869 224 Completed March 2012 7 Packery Channel Aids to Navigation / Signage This project consisted of lighting improvements to Packery Channel as required for safety and security along with signage to mark no wake zones. Per ISAC, additional funds needed to replace signs following Hurricane Harvey. $64,500 Completed December 2012 7a Packery Channel Aids to Navigation / Signage - Hurricane Harvey Repairs Per ISAC, additional funds needed to replace signs completed in Project 7 following Hurricane Harvey. Revised 2/20/18 $65,000 $7,166 Estimated Completion Feb. 2019 page 1 of 3 1/18/2019 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL January 22, 2019 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 8 Packery Channel Restroom Facilities (Phase 3) This project consists of the purchase and installation of a mobile restroom on the north side of the Packery Channel and adjacent parking lot. The project also includes turn-around and connector to Zahn Road. A mobile trailor restroom on the south side of Packery Channel with wastewater lift station and wastewater 2-inch force main (approximately 2,500 linear feet long) is also being planned. Priority Item. P&R recommends self contained, solar powered mobile units to be placed at Packery Channel Parking Lot, end of Zahn Road and on South side of PC (at a location yet to be determined) Build and Install portable restroom shelters to hold portable restroom units at various locations. Build and Install Portable Shower units on the North and South side of Packery Channel. Board approval of 4 portable restroom facilities at $65,000 each plus 20% contingency and shower facilities at $100,000 total. Revised 2/13/2018 $412,000 $402,000 Solar Powered Units: Complete. Showers: Partial Water line installed Spring '18. In process of coordinating with GLO. 9 Packery Channel Ramps to Jetties (Phase 4) This project includes ADA beach access on the north side and the south side or the channel to provide access from the beach to the restroom, lookouts and parking lots. This project will include the ADA approved mobi-mats on the north side and the south side of Packery Channel to provide access from the beach to the restrooms, lookouts and parking lots. This project was designed as part of the Phase 2 project for parking and overlooks. Priority ITem: P&R recommends a new design for structures since the GLO will not approve construction of parking lots on the beach. For Mobi-Mats per ISAC recommendation. Revised 2/20/18 $35,000 $8,979 Complete 10 Packery Channel Dredging and Beach Nourishment - 2012 The project consisted of dredging approximately 264,300 cubic yards of beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline to the south of Packery Channel, and 15,000 cubic yards of sand from the north to south end of the N. Padre Island Seawall. Dredging schedule to be determined by results of annual study of channel. $1,820,843 Last Completed March 2012 10a Packery Channel Dredging and Beach Nourishment - 2020 The project consisted of dredging beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline. Dredging schedule to be determined by results of annual study of channel. $350,000 Amending project plan today for dredging estimated winter 2020. In permitting process. Waiting to hear from USAGE. 11 Packery Channel Pavilion (Phase 5) This project includes the pavilion expansion adjacent to the north side restroom or north side boat launch. This will allow the deck area around the restroom and some sitting areas for visitors. Design will begin in FY 2016 and construction will follow in FY 2017 dependent upon available funding. P&R recommends further discussion on this item to determine if another amenity would better suit the area. ISAC recommends Pavillion staged at the boat ramp parking lot as well as pavillion like structure on north and south side of the jetty. Revised 2/20/18 $250,000 Estimated completion: Fall 2019. At 90% Design page 2 of 3 1/18/2019 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL January 22, 2019 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 12 This includes 301x 60' building, 201x 201 building $0 Moving-Forward- Negotiations projcct a maintenance a administration and a 100' x 1,000' parking lot near the entrance to the Packcry Channel Lookout Ar s just south of Zahn Road. Priority Item: P&R facility be located to recommends en south side of channel 13 . . - . - This projcct includes parking lets en the beach along the north side and the south side of the channel. Development of this project will be pending USAGE and TCLO approval and Project initiation sched l� lc funds MOVED-TO-ITEM-#9 authorization. pending availability of and completion of previous phases: CLO will not allow this to be built P&R recommends reprogramming the funds. 14 Periodic Survey of Channel Conditions and Shoreline Packery Channel monitoring began in 2003 by Texas A&M Division of Nearshore Research by the U.S. Army Corps of Engineers. They ceased monitoring efforts in 2007 and the City assumed monitoring in 2008. The program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and inland channel segment (shoreline position), elevation measurements across the Mollie Beattie Coastal Habitat Community, and measurement of current velocity in the inland channel segment. $205,000 $1,847,312 (Lifetime Expenses to Date) Amending Project Plan today for 2019 budget. 2018 monitoring complete. 15 Packery Channel Revetment Repair Storm surge, strong currents, and waves from Hurricane Harvey caused damage to the slope protection and adjacent appurtenances along the banks of Packery Channel between the SH 361 bridge and the Gulf of Mexico. Repair concepts will be developed for two alternatives; one to return the project to its approximate pre-storm conditions, and another to upgrade the project to an improved condition that is more resilient to future storm impacts. The City will procure a design consultant through the RFQ process, and the selected firm will prepare the construction plans. Post design, construction will be procured. Added 2/13/18 $600,000 $417,027 Preliminary Engineering Report Complete. In permitting and design phase. 16 Park Road 22 Bridge On February 21, 2017, the TIRZ #2 board met and approved the amendment of using funds from TIRZ #2 to support the construction of two one-way bridges spanning Park Road 22. City Council approved this amendment on February 20, 2018. Added 2/20/2018 $4,000,000 $0.00 Waiting for developer on canals. 17 Beach Crosswalk at St. Augustine & Windward Dr. Per request of the Island Strategic Action Committee: Traffic improvement on Windward Drive at Saint Augustine Drive, for pedestrian crossing on Windward Drive to facilitate access to and from Michael J. Ellis Beach. Scope of work includes: crosswalk, access ramps, traffic signs, and pavement markings. Estimated costs are $23,000 for the crossing and associated traffic improvements; $9,000 for solar powered flashing LED crossing signs. $32,000 $0.00 Pending weather work to begin week of 1/21/19 w/estimated completion Feb. 2019 18 Feasibility Study Per Texas Tax Code Sec. 311.011. Project and Financing Plans. (c) Reinvestment zone financing plans must include (3) a finding that the plan is economically feasible and an economic feasibility study. $50,000 $3,045 In Progress. Will be complete February 28, 2019. page 3 of 3 1/18/2019 AGENDA MEMORANDUM First Reading at the City Council Meeting of February 12, 2019 Second Reading at the City Council Meeting of February 19, 2019 DATE: January 31, 2019 TO: Keith Selman, Interim City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Approval for the resale of 13 foreclosed properties CAPTION: Ordinance authorizing the resale of 13 properties for $183,553.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $32,475.02 plus $38,933.42 for partial payment of City paving and demolition liens. PURPOSE: Nueces County, as trustee for each of the taxing entities, has received offers to purchase properties that have been foreclosed upon for failure to pay ad valorem taxes. The governing body from each of the taxing entities (the City of Corpus Christi, Nueces, County, Corpus Christi Independent School District, and Del Mar College) must approve the offers for resale. BACKGROUND AND FINDINGS: Properties within the City of Corpus Christi are periodically foreclosed due to non- payment of ad valorem taxes. The City and Nueces County entered into an Interlocal Agreement for the collection of delinquent ad valorem taxes. Nueces County has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the "Sheriff's sale" is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District.) If nobody is willing to pay the opening bid amount for the property, then the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. The law firm will then put the property on their tax resale list, will nail a "For Sale" sign on the property, and will solicit purchase offers from the public. When an offer or offers are received, they then bring the highest offer forward for consideration and action by the governing bodies of the involved taxing entities. All the entities must approve the offer, or it is rejected. The law firm has proposed the resale of 13 properties at the bid prices listed in Exhibit A. Each of the 13 properties was reviewed by Engineering, Planning/Environmental and Strategic Initiative (ESI), and Housing and Community Development for potential City use. Per Rudy Bentancourt, Housing and Community Development Director, each project has been vetted for potential removal from the list. Each property, however, is currently under a 2 -year statutory right of redemption period with the earliest of four (4) properties being released in November 2019. Section 34.21 of the Texas Property Tax Code gives any person who loses their property at a tax sale, the absolute right to redeem the property from the tax sale purchaser within a limited amount of time — in this case, two (2) years. Additionally, removing any property from the list will require a funding source to maintain the abatement of the properties - as well as a funding source to purchase the properties from the governing body of each of the taxing entities. As a result, City staff decided not to pull any of the 13 properties from the list. The monies received from this sale are distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. Approval of the ordinance will authorize the Nueces County Judge to execute a Resale Deed for the properties listed so they can be returned to the property tax roll for the upcoming year. ALTERNATIVES: n/a OTHER CONSIDERATIONS: Do not accept offers. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/NON-EMERGENCY: This item is not an emergency and is scheduled for approval in two readings. DEPARTMENTAL CLEARANCES: • City Attorney's Office • Engineering • Planning/ESI • Housing and Community Development FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: 2018-2019 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - $ 71,408.44 - $ 71,408.44 BALANCE - $ 71,408.44 - $ 71,408.44 FUND(S): General Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A — Tax Resale Property List Exhibit B — Letter from Linebarger Goggan Blair & Sampson, LLP Ordinance Presentation Ordinance authorizing the resale of 13 properties for $183,553.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $32,475.02 plus $38,933.42 for partial payment of City paving and demolition liens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the resale of 13 properties listed on the attached and incorpo- rated Exhibit A for $183,553.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $32,475.02 plus $38,933.42 for partial payment of City paving and demolition liens. Section 2. The Nueces County Judge is authorized to execute a resale deed for each property upon payment to the City of the City's share of the tax resale proceeds. 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 Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith The foregoing ordinance was read for the second time and passed finally on this the day of , 2019, by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith PASSED AND APPROVED this the day of , 2019 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor EXHIBIT A TAX RESALE PROPERTY LIST Item # Suit Number Property Location Legal Description Amount of Bid City's Portion City's Portion of City Paving and Demo r :a.. 1 2221 2011DV-1406-E 613 Cheyenne Street 6458-0000-0402; Lot 40-C, Patrick Gardens Subdivision $ 5,000.00 $ 467.80 $ 1,250.50 2 2223 2014DCV-2768-C 1008 South Brownlee Boulevard 0487-0006-0140; Lot 14, Block 6, Bay View Addition No. 2 2,500.00 82.06 648.88 3 2224 2013DCV-1426-B 2911 Rhodes Court 3410-0002-0060; Lot 6, Block "B", Highway Park Addition 5,000.00 244.02 2,022.97 4 2225 2013DCV-1426-B 2917 Rhodes Court 3410-0002-0070; Lot 7, Block "B", Highway Park Addition 7,000.00 668.28 1,971.25 5 2228 2010DCV-4064-G 3449 Lawnview 6103-0614-0060; The North 15 feet of Lot 5, and all parts of Lots 6, 7, 8, 9, and 10, Block 614, Port Aransas Cliffs 35,000.00 6,418.55 3,764.09 6 2234 2013DCV-4112-F 118 North Staples Street 8161-0018-0015; 0.732 acre, more or less, out of Block 18, Central Wharf & Warehouse Co. Subdivision, and part of Lot 1, Blucher Subdivision 'A' 45,000.00 14,002.85 2,737.81 7 2240 2013DCV-2613-A 705 Lantana 2232-0000-2510; Lot 251, Ebony Acres #3 Subdivision 6,000.00 180.45 2,895.40 8 2245 2013DCV-1418-H 1107 Kinney Street 8161-0016-0030; Lot 3, Seaton & Stewart Subdivision of Block 16 of the Central Wharf and Warehouse Company's Subdivision 27,551.00 6,196.99 108.49 9 2249 2015DCV-2767-E 2618 Riggan 8802-0006-0170; Lot 17, Block 6, Tracy Addition 2,650.00 81.25 140.04 10 2257 2014DCV-3998-G 1432 14th Street 0481-1101-0490; Lots 49 and 50, Block 1101, Bay Terrace No. 2 Addition 8,000.00 1,286.21 441.37 11 2258 2014DCV-4384-G 1101 12th Street 0487-0005-0010; Lot 1, Block 5, Bay View No. 2 Addition 2,300.00 45.27 491.39 12 2259 2014DCV-4384-G 3562 Austin Street 6103-0615-0610; Lots 61, 62, 63, and 64, Block 615, The Cliffs Addition 22,552.00 2,142.00 11,776.99 13 2260 2014DCV-4384-G 618 Ohio Avenue 4470-0003-040; The West 20 feet of Lot 34 and all of Lot 35, Block 3, Lindate Park Section 1 15,000.00 659.29 10,684.24 Total $ 183,553.00 $ 32,475.02 $ 38,933.42 LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAW 500 N. Shoreline Blvd. Suite 1111 (78401-0357) P. O. Box 2991 Corpus Christi, TX 78403-2991 (361) 888-6898 (361) 888-4405 - FAX January 31, 2019 Ms. Constance Sanchez Director of Financial Services City of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 78401 Re: Consideration of bids received for Tax Resale Properties Dear Ms. Sanchez, As you are aware, our firm represents the City of Corpus Christi in the collection of delinquent property taxes. As part of our overall effort to collect delinquent taxes in the City of Corpus Christi and the other taxing entities in Nueces County, we regularly post properties for tax sale by the Nueces County Sheriff. At the sale, if there are no bidders willing to offer the minimum opening bid amount, the property is "Struck Off" to the Nueces County taxing entities for the amount due against it. A Sheriffs Tax Deed is filed in the name of Nueces County, as Trustee for all of the taxing entities owed taxes on the property. We continue to try to sell these tax resale properties, and when we receive a purchase offer, we bring it forward to the taxing entities for their consideration and action, in accordance with the Texas Property Tax Code. Enclosed please find bid analyses and maps for thirteen tax resale properties for which we have received purchase offers. The enclosed offers represent the best and highest received to date. We respectfully request that you place these offers on the City Council's agenda for the Council's consideration and action at their next available regular meeting. If the Council approves all 13 offers as submitted, the City will receive $32,475.02 in delinquent tax revenue, $38,933.42 in payment of demo liens, and restore as much as $551,006.00 in taxable property value to the tax rolls. We have received multiple offers for several of the properties. If the City Council approves the offers, we will schedule a second auction of these properties with the opening bids set at the amounts approved by the taxing entities. This is the procedure we have used for many years to obtain the best results for our clients. The prospective buyers are all aware of this procedure, as it is spelled out in the terms of sale on the Tax Resale Offer Form, which they fill out and sign to submit their offers. Please let me know as soon as possible when the meeting dates are confirmed. In the meantime, if you have questions regarding these matters, please contact me at your convenience. Sincerely, Marvin Leary Area Manager Enclosures: Bid analyses and maps for 13 tax resale properties ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: of Current Value: 2011 DV -1406-E; Nueces County vs Isaac Orta, Jr. 6458-0000-0402; Lot 40-C, Patrick Gardens Subdivision 613 Cheyenne St. - Corpus Christi November 7, 2017 23,297.48 5,000.00 2,044.50 19,984.00 21.46% 25.02% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 3,254.81 374.22 City of Corpus Christi 4,068.68 467.80 Corpus Christi Independent School District 5,752.73 661.42 Del Mar College 1,753.06 201.56 City Paving & Demo Liens 8,468.20 1,250.50 A COMPLETELY DILAPIDATED HOUSE ON A 54' X 145 FT LOT, LOCATED 2 BLOCKS SOUTHWEST OF THE INTERSECTION OF BALDWIN AND MORGAN. THE PROSPECTIVE PURCHASER IS JOEL RODRIGUEZ OF CORPUS CHRISTI. 2221 Nueces CAD Map Search 5295 265264 265296 265470 t 14, 265469 265442 I' 5473 265462 265465 265444 65445, 265467 j _,. it 1 265444 265464 265447 265448 265450 265451 265461 1 265453 5476 1 5478 �i 265459 1 265453 265435.. 265438 265458 265457 5479 2654561379450 I , 265429 265430 I 265420 265420 265431 265420 265418 265425 265-425- _25 _..__ 265423 265418 265384 265403 265404 265407 265408 265394 265402 265399 265398 265395 265411 265391 265412 265390i 265388 11 2654171•,, 265417 •20005257 281549 182683'1 182686 182663 1826871 1824 92689, 182706 82705 1700 281703 281702 (__ . 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Brownlee Blvd. - Corpus Christi November 7, 2017 19,882.04 2,500.00 1,488.50 7,755.00 12.57% 32.24% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,385.46 70.49 City of Corpus Christi 1,612.91 82.06 Corpus Christi Independent School District 3,425.94 174.29 Del Mar College 703.44 35.79 City Paving & Demo Liens 12,754.29 648.88 A VACANT RESIDENTIAL LOT, 47 FTX 132 FT, LOCATED 3 BLOCKS EAST OF THE CROSSTOWN EXPRESSWAY BETWEEN AGNES AND MORGAN. THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI. 2223 Nueces CAD Map Search J 60m 20076 !11 2297571 2975 229747 229748 229741 2450;2 12297561 1229766 219760 229757 ccs, .229768 it 245014 I 229753 - 1 245016267003 266994 �_....._ 245017 245018 :- 266995 287002 267001 I 267005 267000 1 266999 190886 190865 190684 I 190871 790883 190872 266996 I 266997 190882 ! 190873 190881 II 1908 4 190880 190879 ! I 190875 ! i 190876 190877 '. 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I 190647 190675 190675 https://propaccess.trueautomation.corn/mapSearch/?cid=75&p=190740 190658 190659 90660 6/11/2018 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2013DCV-1426-B; Nueces County vs. Eddie Wright 3410-0002-0060; Lot 6, Block "B", Highway Park Addition 2911 Rhodes Ct. - Corpus Christi November 7, 2017 10, 573.13 5,000.00 1,830.25 19,998.00 47.29% 25.00% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 860.72 235.88 City of Corpus Christi 890.43 244.02 Tuloso Midway Independent School District 2,052.44 562.48 Del Mar College 380.97 104.40 City Paving & Demo Liens 6,388.57 2,022.97 A VACANT LOT, 50 FTX 150 FT, LOCATED JUST OFF LEOPARD ST., NEAR MCKENZIE RD., IN TULOSO MIDWAY ISD. THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI. 2224 ti -234 7 1 }- 4+14 se ae 144,34 h J.* 7.24 J -,J s, JS3,S> " N I G3t1 JAY 263-138-1130 0.353 AC Lura.- ¢7 2I :V/L4L /Iry tea 14` i c 6p i 7 ' ti lap U234- 8 P22.1t ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2013DCV-1426-B; Nueces County vs. Eddie Wright 3410-0002-0070; Lot 7, Block "B", Highway Park Addition 2917 Rhodes Ct. - Corpus Christi November 7, 2017 22,713.24 7,000.00 1,830.25 19,998.00 30.82% 35.00% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 3,120.83 690.27 City of Corpus Christi 3,021.43 668.28 Tuloso Midway Independent School District 6,989.47 1,545.94 Del Mar College 1,329.25 294.01 City Paving & Demo Liens 8,252.26 1,971.25 A VACANT LOT, 50 FTX 150 FT, LOCATED JUST OFF LEOPARD ST., NEAR MCKENZIE RD., IN TULOSO MIDWAY ISD. THE PROSPECTIVE PURCHASER IS LEROY FRANCO OF CORPUS CHRISTI. 2225 L 234 3 415 7 y� C tiIV 1 }- 3 Nag Pisac - 18 1,z,.1T e,,• 1 9 !41.14 to ,a A IIA E PLA1 \ x QllBt REPLATN to • e5.714i1 llC ti so DQ. r<Fo� QED - 4-1000 ' e,t Yco _ _ _I y/ 114 _ ST� o�3r1A rf..a■ 2i+ 2A 71 0.353 AC 3S.2rp., 263-138-1/30 4 Y/LL tea (yy♦ rea 14 4 .. 7 w c y tat U234 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2010DCV-4064-G; Nueces County vs. Yolanda Peronis 6103-0614-0060; The North 15 feet of Lot 5, and all of Lots 6, 7, 8, 9, and 10, Block 614, Port Aransas Cliffs 3449 Lawnview - Corpus Christi January 2, 2018 128,066.83 35,000.00 2,995.78 56,003.00 27.33% 62.50% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 21,594.30 5,396.47 City of Corpus Christi 25,684.22 6,418.55 Corpus Christi Independent School District 54,547.65 13,631.59 Del Mar College 11,178.42 2,793.52 City Paving & Demo Liens 15,062.24 3,764.09 A VACANT RESIDENTIAL LOT, 140 FTX 125 FT, LOCATED 3 BLOCKS EAST OF DRISCOLL CHILDREN'S HOSPITAL, BETWEEN ALAMEDA & SANTA FE. THE PROSPECTIVE PURCHASER IS C & H ELITE CONSTRUCTION, LLC OF CORPUS CHRISTI. 2228 Nueces CAD Map Search Page 1 of 1 276634 194671 276746 276593 194670 : '276747 276539 276745 276642,% ' 276540 276749 276544 '276750 276626 276897 276739 276755 277058 277052 276891 ' 277049 276888 276772 276887 276773 , " 276771 '277045 , 276666 276687 276665 ' 2766 276668 276669 276670 276671 276662 276931 276673 276927 277084 276926 277085 60m 200ft 277086 276764 276676 276677 276654 2 2z8 https://propaccess.trueautomation.com/mapSearch/?cid=75&p=276734 6/11/2018 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2013DCV-4112-F; Nueces County vs. John A. Cardenas Tax ID# & Legal: 8161-0018-0015; 0.732 acre, more or Tess, out of Block 18, Central Wharf & Warehouse Co. Subdivision, and part of Lot 1, Blucher Subdivision 'A'. Property Location: 118 N. Staples St. - Corpus Christi Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: March 6, 2018 58,278.08 45,000.00 1,847.50 191,610.00 77.22% 23.49% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 10,186.21 11,148.23 City of Corpus Christi 12,847.05 14,002.85 Corpus Christi Independent School District 26,871.26 29,303.21 Del Mar College 5,472.89 5,960.40 City Paving & Demo Liens 2,900.67 2,737.81 A COMMERCIAL BUILDING, 13,433 SQ FT, ON AN L -SHAPED LOT LOCATED ON THE EAST SIDE OF N STAPLES ST., BETWEEN BLUCHER AND KINNEY. THE BUILDING IS IN POOR CONDITION. THE PROSPECTIVE PURCHASER IS ERF REAL ESTATE, INC. OF CORPUS CHRISTI. 2234 Nueces CAD Map Search Page 1 of 1 Om 7 OOft • 200022688 200022690 https://propaccess.trueautomation. com/mapSearch/?cid=75&p=200115756 11/16/2018 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2013DCV-2613-A; Nueces County vs Maria Hiracheta 2232-0000-2510; Lot 251, Ebony Acres #3 Subdivision 705 Lantana - Corpus Christi April 3, 2018 28,117.28 6,000.00 2,308.50 16,865.00 21.34% 35.58% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,602.78 152.58 City of Corpus Christi 1,895.60 180.45 Corpus Christi Independent School District 4,032.96 383.92 Del Mar College 831.48 79.15 City Paving & Demo Liens 19,754.46 2,895.40 A VACANT RESIDENTIAL LOT, 90 FTX 156 FT, LOCATED AT THE CORNER OF LANTANA AND HAMPSHIRE, ACROSS FROM GIBSON ELEMENTARY SCHOOL. THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI 2240 Nueces CAD Map Search 200113400 2 0113396 200113390 I L 200113388 9/ _ 176220 200114321 I ; 200113324 255803 255802 200113350 2001133 6 2 0113242 200113338 200113364 I _ ......_ 228342 ‘200113326 I-- 255801 200113326, 255800 255799 255798 255797 255796 255795 255794 200/84 1., 255783 255782 „....„. 255781 255780 1 255779 255778 255777 255776 255775 255774 255773 255772 255793 I 255771 1 1 . r 283012830 314228313 28312831122830922830822830722830612283052283042283031 22.102 _ '1 I 29712282981 124128240. 113132 1/LL t 228131 228130 60m 228345 I : 226129 22812 11 28121 228126 1 I 1 1 1 I 20056 ;1A11 228114 228118 I 228115 I 228116 25581 255810 200091652 226239 228238 228237 1 228236 1 228235 228174 228175 228173 228173 1 228110 228109 228113 228176 Page 1 of 1 t -t 228234 228177 228178 228179 : I . 228172 : 228171 228170 228169 r I 214° https://propaccess.trueautomation.com/mapSearch/?cid=75&p=228299 6/11/2018 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: 2013DCV-1418-H; Nueces County vs Sofia Rodriguez 8161-0016-0030; Lot 3, Seaton & Stewart Subdivision of Block 16 of the Central Wharf and Warehouse Company's Subdivision Property Location: 1107 Kinney St. - Corpus Christi Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: May 1,2018 228,443.54 27, 551.00 1,595.50 105,572.00 12.06% 26.10% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 46,853.00 5,323.39 City of Corpus Christi 54,541.93 6,196.99 Corpus Christi Independent School District 108,713.05 12,351.86 Del Mar College 17,380.73 1,974.78 City Paving & Demo Liens 954.83 108.49 A 7,000 SQ. FT. COMMERCIAL BUILDING WITH A 1,300 SQ. FT. APARTMENT ON THE SECOND FLOOR. THE BUILDING IS VACANT FOR SEVERAL YEARS AND IN POOR CONDITION. THE PROSPECTIVE PURCHASER IS ERF REAL ESTATE, INC. OF CORPUS CHRISTI. 2245 U-17 F L k /• /c 4J /4 /4 .T /[ x /a N /3 /1 ,., // - s 1,- • 7 0 4 4 rr © "2 k 11 00 11 10 Ir Q 34 aI 31 r p a I: 1 /1 /4 Js IO 1/ 1L I3 ad - 44 -80 -70 1 3 4 ISI I I.5 -GO 50 0 121 6- 2 f< 8161 15- -50 -40 0 fro I4 ST. 80 -60 4 O a c •-15 -40 -30 -2C © 816113- /0 / // o /[ /3 4 • 4105 ` 44 4„ -120 -130 /4 -140 /1 -150 -165 O /0 -160 ©^ -Ic 6 -4 161 14- 070 4 3"-`0 1 ©, 2 .•Y • • -30,, ♦Y Ia /1 /1 1 -20 15 L -1 /3 /4 ro 01 1. 90 144 Q 6) -II /1 0 n 10 0/ 21Jf 0 /3 CO -1 Lid 10 /d 90 /4 rolreO �0 :0 lE is w n ,• 37: .I 4/ 0 is Ts/ T L $1 3 /30 44 e44/3 4 -40 41 1680 - 50 0 -30 c E. B. COLES -GO -70 16408 T7 . /0 100 k a Jo -60 - 50 -40 30 -20 ,d -10 e 7 c s- 4 3 c / 81®2 9 /0 / // /2 /3 /4 /3 /[ y _90 -120-130-140-150' 44 /0 - GO 4 i--1 -80 l 70 -90 816 -50 S 1-11- 40 20 a® SCH -30 7 f _0 -IO 7831- 6-80 NT2EL® -20 104 9 831-6 0- 50 TRACT © ar, <c -30 1 : -60 Ih 6) CARRIZO SOUTH BLUFF PARK /0.0/ AVE. NUECES COUNTY APPRAISAL DISTRICT yr l a. 100 36 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2015DCV-2767-E; Nueces County vs Kathleen Balli Chupe 8802-0006-0170; Lot 17, Block 6, Tracy Adddition 2618 Riggan - Corpus Christi July 3, 2018 27,604.38 2,650.00 2,151.50 8,750.00 9.60% 30.29% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 3,778.36 68.23 City of Corpus Christi 4,499.39 81.25 Corpus Christi Independent School District 9,637.89 174.05 Del Mar College 1,934.07 34.93 City Paving & Demo Liens 7,754.67 140.04 A VACANT RESIDENTIAL LOT, 50 FTX 140 FT, NEAR THE INTERSECTION OF BALDWIN BLVD. & THE CROSSTOWN EXPRESSWAY. THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI 2249 Nueces CAD Map Search Page 1 of 1 200043471 200043509 200043473 200043457: 043511 200043455 0043513 200043451 200043445 200043517 ..._ 200043519 ....,200043521 043523 200043557 200043491 200043559 200043489 200043525 200043561 187596 200043487 200043481 200043563 200043565 3001 A 100ft https://propaccess.trueautomation.com/mapSearch/?cid=75&p=200043515 1/9/2019 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2014DCV-3998-G; Nueces County vs Ignacio S. Villa 0481-1101-0490; Lots 49 and 50, Block 1101, Bay Terrace No. 2 Addition 1432 14th St. - Corpus Christi November 6, 2018 16,057.86 8,000.00 1,813.50 25,000.00 49.82% 32.00% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 2,919.93 1,124.94 City of Corpus Christi 3,338.52 1,286.21 Corpus Christi Independent School District 7,174.24 2,763.97 Del Mar College 1,479.54 570.01 City Paving & Demo Liens 1,145.63 441.37 A DILAPIDATED HOUSE, VACANT AND ABANDONED FOR SEVERAL YEARS, ON A 50 FTX 125 FT LOT NEAR THE INTERSECTION OF BROWNLEE AND MORGAN THE PROSPECTIVE PURCHASER IS HILLEL KOHLER OF CORPUS CHRISTI. 2257 39 1e 87 19 1G IS 14 13 12 ®i11® G4' 1 G6' 2 9- 3 iR •: $ 6 7 9 ti 10 1^, 132' CRAIG 44'I 44` 1 44' 70) 14[:11-42)-- 441 44' 14l 132' 18 1G 1S 14 1.'1 132. 1®,� 2 Q N 3- G 44 13 137' g 13. 44.'t Pf:414 c1. •;rel. 8 172. 44'(44' (44' wt4I 9 I 96_1_0:51_0Q_ 41,-:) I° 1 oL03 90- 1G1 44 i 44.1 44 1- N ass' 45' i 47- 1 b I 2o 1( 'PTltL1�l Es£F�1 2 - . -10 2 4 87- 3 WE MP a Ille 487;4 6 N1 8 1320 1 3.S 9 MORGAN 131' z ejccmPT x-190 " 1e LfN "/f -170 17 139 • ', 3 4 15- 4 - IA Zit 4Z 13 '4%O 46 7 •c 9 ry (0 139 43 42 4.. 139 39 36 3s .34 ,3S 32 31 90 29 24 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: of Total Due: of Current Value: 2014DCV-4384-G; Nueces County vs Starlee Ann Driscoll 0487-0005-0010; Lot 1, Block 5, Bay View No. 2 Addition 1101 12th St. - Corpus Christi November 6, 2018 17,478.37 2,300.00 1,613.84 7,631.00 13.16% 30.14% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,478.64 35.81 City of Corpus Christi 1,868.99 45.27 Corpus Christi Independent School District 3,905.23 94.60 Del Mar College 788.26 19.09 City Paving & Demo Liens 9,437.25 491.39 A VACANT RESIDENTIAL LOT, 46.25 FTX 132 FT, LOCATED AT THE SW CORNER OF 12TH ST. & BUFORD ST. THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI 2258 uj U .1.,f 0 ; i ...., b.,1 .. .. .11 M.11 Sef"'•c4 _�- � 1 ' 1 r STREET AVENUE U- 5NUEC ES COUNTY 3/97 APPRAISAL 1; I oo' u-36 DISTRICT ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: of Current Value: 2014DCV-4384-G; Nueces County vs Starlee Ann Driscoll 6103-0615-0610; Lots 61, 62, 63 and 64, Block 615, The Cliffs Addition 3562 Austin St. - Corpus Christi November 6, 2018 52,504.41 22,552.00 1,613.84 50,000.00 42.95% 45.10% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 4,160.91 1,659.32 City of Corpus Christi 5,371.26 2,142.00 Corpus Christi Independent School District 11,176.74 4,457.16 Del Mar College 2,263.59 902.69 City Paving & Demo Liens 29,531.91 11,776.99 A VACANT RESIDENTIAL LOT, 100 FTX 125 FT, LOCATED AT THE CORNER OF AUSTIN ST. & ROPES ST., 2 BLOCKS EAST OF DRISCOLL CHILDREN'S HOSPITAL. THE PROSPECTIVE PURCHASER IS STEVE ALMOND OF CORPUS CHRISTI 2259 S/NCLAIR SANTA FE SO = «So »oo- a1 ; ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2014DCV-4384-G; Nueces County vs Starlee Ann Driscoll 4470-0003-0340; The West 20 feet of Lot 34 and all of Lot 35, Block 3, Lindale Park Section 1 618 Ohio Ave. - Corpus Christi November 6, 2018 28,676.93 15,000.00 1,613.84 21,840.00 52.31% 68.68% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,028.59 480.14 City of Corpus Christi 1,412.38 659.29 Corpus Christi Independent School District 2,751.20 1,284.24 Del Mar College 596.11 278.26 City Paving & Demo Liens 22,888.65 10,684.24 A VACANT RESIDENTIAL LOT, 80 FTX 130 FT, LOCATED ON OHIO AVE., ONE BLOCK WEST OF ALAMEDA. THE PROSPECTIVE PURCHASER IS GENEVA SALINAS OF CORPUS CHRISTI 2260 U JJ 1 1 1 I 7/94 /2 3f 474\ /3 /9 - re d�$ /4 3r F/FTEENTH AVENUE AVENUE /[ / q 2 3 4 rI T J 7 e __I.. .. .73 .-+ I 30 130 1 —.i__ 1 50 I I 47 Ire. /O J/ I 44 1e // /2 /J /F /S /6 /7 4a 1 t /G I J o. /f 3. ; 20 .jam 8 \ fi2 40 3.S 139 • 1 /11 43 1 3., I 30 130 I I .771 I- 19- 1,9 34 74 '0 30 2f 20 ... I I 1 27 I /f1 45 I 1 22 .-.. 1 .0 1 37 2S' 24 I 1I/� - 13 301 30 I -^ 221 47 1•J 2/ 34 +/ AVENUE /[ 31 / R R 001 40 12 1 I .11 dJ I'J 3 I I 4 S 33 120 4 i I —J---II I i 301 30 4o Ito 7 ( I I I2 ve 4 I I re 1 9 lO /+1 45 I/O I JJ 133 a 1 I l3 1,3 /2 1 I _1'L' I I 1:. /3 /1 /3 /c 30130. 'al3JI /7 1 I I rrry,• 10 /3 2.f34 le , ° /7 • dC. i. ' 40, a ° : G33-Lf6 1 K, ( 1?„.,1 I I IS i I 0I II I /el 42 24 23 LL co e o / 74 12 1 7e- /1 71 17 i4 / 1 1113' 4 i 231 / 73 II7 301 3a 07 1 7 I' x3133 AVENUE /0 / '7 1 1' /c /2 AVENUE J IS I,S -01 3./ rot 4a 1 .. 40 r /0 I I _ . ri 00 1 -1 ', ?S l 30 1 I _r 40 :o 1 I .. 43 fr. I. 40 0373 J” 7 A 7 /0 /5 y , I /2 /J /4 /4 1 /4 /7 /4.. /9 , 20 0 I1 I I I I 1 I 1 /I is'1 ! 1 Co cS 0134 I<417 1 I I I I I I I </n TI n II II ^ 4 J3 32 3/ 70 2 2J 27 24 i 2S 124 23 C21 C/ /LC r' .. 1 .. I - , I ... •0 Js !,i 47 70 13 41 I? •.s3 >'' VN 4470 - AVENUE U51 •, 7131 IS I,S -01 3./ ,e1 43 3o 130 4J IM -3.i 3. 30 00 47 7440 4, 4 J” G 7 B 19 L //1 /2 /J /4 /5 \ /4 1 0 I1 I I ,ted, 1 /I is'1 ! 1 Co cS 0134 U51 •, 7131 IS I,S -01 3./ s I c • /7 I 1 /L ca -3.i 3. 30 / v /2lb U51 •, 7131 IS I,S -01 3./ 43 ' -3.i 3. 30 / v .2 3 4 ,G 7 e 9\ /e I I 0 I1 I ,ted, 1 ,a 1 I d, 0 N1IFCFS COUNTY APPRAISAL DISTRICT ALAMEDA U 53—A Council Presentation February 12, 2019 Resale of Foreclosed Properties 1 2 Tax Resale Property List Item #Suit Number Property Location Legal Description Amount of Bid City’s Portion City's Portion of City Paving and Demo Liens 1 2221 2011DV-1406-E 613 Cheyenne Street 6458-0000-0402; Lot 40-C, Patrick Gardens Subdivision 5,000.00$ 467.80$ 1,250.50$ 2 2223 2014DCV-2768-C 1008 South Brownlee Boulevard 0487-0006-0140; Lot 14, Block 6, Bay View Addition No. 2 2,500.00 82.06 648.88 3 2224 2013DCV-1426-B 2911 Rhodes Court 3410-0002-0060; Lot 6, Block "B", Highway Park Addition 5,000.00 244.02 2,022.97 4 2225 2013DCV-1426-B 2917 Rhodes Court 3410-0002-0070; Lot 7, Block "B", Highway Park Addition 7,000.00 668.28 1,971.25 5 2228 2010DCV-4064-G 3449 Lawnview 6103-0614-0060; The North 15 feet of Lot 5, and all parts of Lots 6, 7, 8, 9, and 10, Block 614, Port Aransas Cliffs 35,000.00 6,418.55 3,764.09 6 2234 2013DCV-4112-F 118 North Staples Street 8161-0018-0015; 0.732 acre, more or less, out of Block 18, Central Wharf & Warehouse Co. Subdivision, and part of Lot 1, Blucher Subdivision 'A' 45,000.00 14,002.85 2,737.81 7 2240 2013DCV-2613-A 705 Lantana 2232-0000-2510; Lot 251, Ebony Acres #3 Subdivision 6,000.00 180.45 2,895.40 8 2245 2013DCV-1418-H 1107 Kinney Street 8161-0016-0030; Lot 3, Seaton & Stewart Subdivision of Block 16 of the Central Wharf and Warehouse Company's Subdivision 27,551.00 6,196.99 108.49 9 2249 2015DCV-2767-E 2618 Riggan 8802-0006-0170; Lot 17, Block 6, Tracy Addition 2,650.00 81.25 140.04 10 2257 2014DCV-3998-G 1432 14th Street 0481-1101-0490; Lots 49 and 50, Block 1101, Bay Terrace No. 2 Addition 8,000.00 1,286.21 441.37 11 2258 2014DCV-4384-G 1101 12th Street 0487-0005-0010; Lot 1, Block 5, Bay View No. 2 Addition 2,300.00 45.27 491.39 12 2259 2014DCV-4384-G 3562 Austin Street 6103-0615-0610; Lots 61, 62, 63, and 64, Block 615, The Cliffs Addition 22,552.00 2,142.00 11,776.99 13 2260 2014DCV-4384-G 618 Ohio Avenue 4470-0003-040; The West 20 feet of Lot 34 and all of Lot 35, Block 3, Lindate Park Section 1 15,000.00 659.29 10,684.24 Total 183,553.00$ 32,475.02$ 38,933.42$ 3 #1 –613 Cheyenne Street 4 #2 –1008 South Brownlee Blvd. 5 #3 –2911 Rhodes Court (Lot 6) 6 #4 –2917 Rhodes Court (Lot 7) 7 #5 –3449 Lawnview 8 #6 –118 North Staples Street 9 #7 –705 Lantana 10 #8 –1107 Kinney Street 11 #9 –2618 Riggan 12 #10 –1432 14th Street 13 #11 –1101 12th Street 14 #12 –3562 Austin Street 15 #13 –618 Ohio Avenue 16 QUESTIONS DATE:February 4, 2019 TO:Mayor and City Council Members FROM:Jorge Cruz-Aedo, CEO Jcruz-aedo@ccrta.org 361-903-3501 OUTSIDE PRESENTER(S): Name Title/Position Organization 1.Jorge Cruz-Aedo CEO CCRTA 2. Edward Martinez Board of Directors Chairman CCRTA BACKGROUND: Mr. Jorge Cruz-Aedo, CEO and Mr. Edward Martinez, Board of Directors Chairman at the Corpus Christi Regional Transportation Authority would like to present the Agency’s 2018 Year in Review to showcase where we’ve been and where we are headed in 2019. LIST OF SUPPORTING DOCUMENTS: PowerPoint – CCRTA 2018 Year in Review CCRTA 2018 Year in Review AGENDA MEMORANDUM City Council Meeting of February 12, 2019 Regional Transportation AuthorityCORPUS CHRISTI 2018 Year in Review 2 BOARD OF DIRECTORS DAN S. LEYENDECKER Board Secretary MICHAEL REEVES Board Vice ChairEDWARD MARTINEZ Board Chair TOM NISKALA PATRICIA DOMINQUEZ SCOTT HARRIS PHILIP SKROBARCZYK MATT WOOLBRIGHT ANNE BAUMAN GEORGE CLOWER GLENN MARTIN JOHN BELL General Counsel JORGE CRUZ-AEDO CEO DISTINGUISHED BOARD MEMBERS Nueces County Appointee Nueces County AppointeeCorpus Christi City Appointee Corpus Christi City Appointee Corpus Christi City Appointee Small City of Mayor’s Appointee Corpus Christi City Appointee Corpus Christi City Appointee Small City of Mayor’s Appointee Nueces County Appointee 2018 SUMMARY OF ACCOMPLISHMENTS CCRTA continued to prioritize transparency in all areas of the organization. We strived to be accountable to the citizens of the communities we serve by being good stewards, measuring our fiscal performance, providing a safe and secure environment for our riders and public, and by cultivating integrity into all aspects of our culture, operations, and services. TRANSPARENCY IN ALL AREAS accountability accomplishments Committed to Provide Transparency within CCRTA’s Organization: Financial Reporting Procurement Process Open Record Requests Public Notices Inviting General Public to Board and Committee Meetings Communication with the Media and General Public Continue to Cultivate Integrity and Accountability to Our Stakeholders 2018 FINANCIAL SNAPSHOT financial snapshot CCRTA Retained it’s A+ S&P Rating 2018 Financial Snapshot Totals •Revenue $37,537,990 •Expenses $35,263,469 •Total Net Assets $89,727,337 As Part of Our Transparency Efforts CCRTA’s Financials Are Posted Monthly on Website FINANCIAL BENEFITS OF PUBLIC TRANSPORTATION financial community impact CCRTA generates an estimated total economic impact of $68.2 million on the local economy of Corpus Christi* The Return on Investment (ROI) for local taxpayers’ dollars is $2.17 •Meaning that each dollar of local tax funding helps support nearly $2.17 worth of business activities* Cost-Benefits To The City* •Operation Benefits •Vital to low-income areas within the community •Long-Term Regional Economic Development •Affordable Mobility Benefits •Reduce Traffic Congestion Return on Investment *Source: 2016 Study by Dr. Lee South Texas Economic Development Center Texas A&M University-Corpus Christi CITY OF CORPUS CHRISTI SYSTEM SERVICE MAP HISTORICAL STREET ALLOCATION 9 CCRTA service facts Estimated (financials will not be completed until the audit is completed) 2018 System-wide Total Ridership: 5,367,081 2018 System-wide Annual Total Service Hours: 380,677 System-wide Annual Total Passenger Miles Traveled*: 24,312,263 Annual Passenger Fare Revenue*: $1,688,586 Annual Farebox Recovery*: 5.6% *Source: National Transit Database 2017 Annual Report CCRTA SERVICE FACTS SERVICE FACTS fleet and maintenance upgrades Committed to Maintaining a Reliable and Safe Ride Vehicle Make & Size Route/Dept Quantity Cost Year Placed In Service GILLIG/Low Floor 35’Fixed 6 $534,735 each Total: $3,208,410 2018 ARBOC/ SOM-Spirit of Mobility 26’ Fixed 7 $242,460 each Total: $1,697,220 2018 New Stertil-Koni Wireless Mobile Four Column Lift Maintenance Department 1 Total: $39,995.00 2018 NEW VEHICLES PLACED IN SERVICE SAFETY & SECURITY accomplishments in safety and security Striving to Provide a Safer Ride for All Implemented a Transportation and Safety Program in 2018 Results, 1/3 decrease of transportation accidents (1.03% from 1.46% in 2017) Initiated the “See Something, Say Something” Program Partnership with CCPD and Federal “Drug” Law Enforcement Agencies Conducted Six Active Shooter Classes at the Staples Street Center EMERGENCY PREPAREDNESS CCRTA assisting during disasters Coordinating Efforts to Protect Our Citizens CCRTA has an Approved Emergency Program CCRTA Program Includes a Hurricane Preparedness Process We Will Continue to Work with All City, County, and Other Emergency Operation Organizations to Transport Residents to Safety During Emergency Evacuations improvements at CCRTA Striving to Provide a Enhanced and Safe Ride 69 Bus Stops Were Updated to Meet ADA Service Planned Expansions •Port Ayers Stations •Del Mar Southside College Campus 100% Occupancy Rate at Staples Street Center 29% Increase in Sunday Ridership (Started in Fall 2018) 65% Increase In Ridership Vanpool Service (From 2 to 14) 10% Increase in Youth Ridership, Received Additional Revenue of $81,375 from TAMUCC Port Ayers Station 2 New Del Mar College Southside Stops INNOVATION THROUGH OPERATIONS Vanpool Riders TAMUCC Student Riders WORKFORCE DEVELOPMENT Workforce accomplishments Retention, Compensation and Training Employee Relations Training Initiative Implemented with Dr. Lewis in 2018 Cost of Living Adjustment (COLA) program implemented Initiated Five-Year Growth Workforce Development Report Initiated Review of Pension Plan, and Benefits COMMUNITY RELATIONSHIP accomplishments in community relations Building Stronger Partnerships Within the Communities We Serve Park & Ride Shuttle Service Increased Ridership by almost 10,000 to 42,000 Riders in 2018 Buc Days Beach to Bay Fiesta de la Flor Big Bang Celebration Dia de Los Muertos Jazz Festival Making Strides Feast of Sharing Run the Runway CC Leadership MLK March Port Aransas SandFest Community Relation Success: Free Fare on Election Day (19,324 riders) 25 Public Outreach Activities: Visiting Schools and Senior Programs Customer Surveying began in late December 2018 CONTINUING WHAT WE STARTED contributing to local economy through innovation Going Above and Beyond ADA Standard Requirements Enhance Bus Stops and Amenities Continue to Offer Cost-Effective Transit Services Always Provide Service with Dignity and Respect Expand Communication via Digital Media Increase Positive Image through local TV, Social Media Shares, and Newspaper CCRTA will continue to implement improvements through services 2019 SERVICE INITIATIVES service and operation planned initiatives Define Needs and Enhance the Transportations Services in a Cost Effective Manner •Flex Mode: Stops in specific areas as needed •Express Mode: Reach destinations quickly with less stops •Commuter mode/Vanpool: Share a Ride to Work •Fixed Mode: Traditional Bus Routes 5 Year Service Improvement Plan Optimize Schedules, Routes, and Passenger Safety NEW LOOK FOR CCRTA Fleet Forward New Branding more options for riders FUTURE SERVICE transform transportation Provide Innovative Services through Technology and Strong Partnerships Autonomous Pilot Program with TAMUCC and MV Transportation Thank you, questions? ccrta.org DATE:February 2, 2019 TO:Keith Selman, Interim City Manager FROM:Grayson Meyer, Interim Business Liaison GraysonM@cctexas.com 361-826-3842 STAFF PRESENTER(S): Name Title/Position Department 1. Grayson Meyer Interim Business Liaison City Manager 2. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Joe Schenk Director Art Museum of South Texas 2. BACKGROUND: Report on the activities of the 2018 calendar year supported in the partnership between the non- profit organization, South Texas Institute for the Arts, doing business as the Art Museum of South Texas and the City of Corpus Christi. LIST OF SUPPORTING DOCUMENTS: PowerPoint – Art Museum 2019 City Council Presentation 2018 Year in Review – Art Museum of South Texas AGENDA MEMORANDUM City Council Meeting of February 12 th, 2019 Council Presentation February 12, 2019 2018 Year in Review from the Art Museum of South Texas 1 Dept Lgo Los Tejanos Exhibition from Cheech Marin Los Tejanos Member Reception and Media Day with Cheech Los Tejanos & Vilcek Teacher Development Training Workshops The Dorothy and Herbert Vogel Collection: 50 Works for 50 States Exhibition, from the Blanton Museum of Art Visionarios Award Ceremony & Family Day Tree of Life Project @ Garcia Center Exhibition - SENSE OF HOME: The Art of Richard Stout Exhibition - Target Texas: What Inspires Richard Stout & Target Texas Exhibitions: Reception/Lecture artRageous: Cowboy Cosmonaut “The Fine Art of Summer” Camps VIK Camp, Clay Camp and Chicano Heart @ the Garcia Center TAMUCC Music Faculty Recitals @ AMST Masterpieces of American Modernism From the Vilcek Collection Ageless Art - TAMUCC Grant Program @ City Senior Centers Vilcek Family Day College Night: Night at the Museum Exhibition - Celebrating Dorothy Hood (1918 – 2000) MFAH Exhibition - KINDRED SPIRITS: Louise Nevelson & Dorothy Hood - Reception Dorothy Hood Interactives Technology Wins Awards - First Place (Regional), Silver (State), and Bronze (National) “A Reading Wonderland” 9th Annual Christmas Tree Forest Family Day 2018 2,734 in attendance DATE:January 25, 2019 TO:Keith Selman, Interim City Manager FROM:Becky Perrin, Interim Director, Parks and Recreation Department BeckyP@cctexas.com 361-826-3464 STAFF PRESENTER(S): Name Title/Position Department 1. Becky Perrin Interim Director Parks & Recreation 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1.Bert Quintanilla Partner SQH Sports & Entertainment, Inc.(SQH) 2. Derrick Hegmon Partner SQH Sports & Entertainment, Inc.(SQH) 3. Brent Stazer Partner SQH Sports & Entertainment, Inc.(SQH) BACKGROUND: This presentation is to address additional questions generated from First Reading Agenda Item 18-0175 – SQH Sports & Entertainment Lease on April 17, 2018. The item, as presented, was to cancel and replace the prior lease agreement, authorized by Ordinance 030993 on October 18, 2016 for approximately 68 acres of land for a Regional Youth Sports Complex, with a 40- year lease agreement for 203 acres of land located near State Highway 286@ FM43 for a Regional Sports Complex and other improvements with up to four 5-year extensions. After the First Reading of the Lease Agreement, the Parks & Recreation Director and SQH renegotiated the new proposed agreement to include an annual rental amount to be paid to the City based on the cost per acre of land and include an increase annually by the Consumer Price Index (CPI) for the rental. On August 14, 2018, Agenda Item 18-0175 was presented for Second Reading. After discussion, the City Council voted to table the item. LIST OF SUPPORTING DOCUMENTS: PowerPoint – SQH Presentation SQH Sports & Entertainment, Inc. A Regional Sports Complex for Corpus Christi AGENDA MEMORANDUM City Council Meeting of February 12, 2019 S Sports & Entertainment, Inc. CORPUS CHRISTI PARI SG RECREATION Council Presentation February 12, 2019 A REGIONAL SPORTS COMPLEX for CORPUS CHRISTI CORPUS CHRISTI PARKS& RECREATION In an effort to build sports related tourism and increase the city's hotel occupancy and sales tax revenue, the City of Corpus Christi is entering into a public/private partnership with SQH Sports & Entertainment, Inc. to lease approximately 203 acres of land. In the City of Corpus Christi, SQH Sports & Entertainment, Inc. will: • Build a $30 million tournament -quality, multi -sport complex • Host multi -day, multi -sport regional, state, national tournaments/events • Attract 200,000-300,000 unique visitors annually • Build a public extension of Oso Parkway estimated $2,842,000 • Build a public hike and bike trail estimated $847,000 This complex will not add to the city's operating expense or tax burden. KEY CHANGES SINCE LAST PRESENTATION CORPUS CHRISTI PARKS& RECREATION • $50,000 annual rent for additional acreage • Public extension of Oso Parkway (estimated $2,842,000) to be constructed by SQH (no cost to City of Corpus Christi) • Public hike and bike trail (estimated $847,000) to be constructed by SQH (no cost to City of Corpus Christi) TEXAS COMMUNITIES CURRENTLY DEVELOPING SPORTS COMPLEXES CORPUS CHRISTI PARKSG Abilene 122,225 Cameron 5,523 Carrollton 135,710 Del Rio 36,006 Denton 133,808 El Paso 683,577 McAllen 142,212 New Braunfels 79,152 Pearland 113,570 Pflugerville 63,359 Portland 16,618 $1,670,000 budget $5,650,000 bond $4,250,000 bond $20,000,000 bond part $120,000,000 bond part $245,000,000 bond $15,000,000 bond $15,000,000 bond $6,500,000 budget $11,000,000 bond $25,200,000 bond $1.00 a year lease Abilene Reporter News Update current fields Sports complex improve 35K sqft gym + fields Soccer complex tdtnews.com Bond election guide del rionewsherald.com dentonrc.com 1" stage sports complex City website 5 year delay 2019 sports complex themonitor.com City website Construction of complex chron.com 1" stage complex CI impact Newspaper Sports complex fields caller.com 5 The leadership team at SQH translate their 90 years of experience in theme park marketing, tour and travel, food and beverage, and events services into a concept that leverages a public/private partnership to meet the needs of Corpus Christi, Texas. SQH SPORTS & ENTERTAINMENT, INC. 6 SPORTS COMPLEX -SQH INVESTMENT TOTAL Complex & Infrastructure Improvements to Land 29,750,000$ Public Extension of Oso Parkway Construction 2,841,649$ Public Hike & Bike Trail Construction 847,430$ Total SQH Investment 33,439,079$ SPORTS ELEMENTS 80,000 sq ft fieldhouse hosting 6 full-size basketball courts that convert to 12 volleyball courts and a cheer competition area 12 baseball/softball diamonds concessions stands at fields and fieldhouse 11 outdoor fields for soccer, lacrosse, flag football 5,000 sq ft restaurant 10 sand volleyball courts outdoor picnic area children's outdoor play area offices for admission and administration 7 SPORTS COMPLEX GENERATION OF TAX REVENUE Construction Period First 5 Years of Operation TOTAL (construction materials) (sales tax & hotel occupancy tax) City of Corpus Christi 180,628$ 12,781,339$ 12,961,967$ Corpus Christi Crime Control District 16,421$ 370,996$ 387,417$ Corpus Christi MTA 65,683$ 1,483,986$ 1,549,669$ Tax Revenue Generated for Corpus Christi, Texas 262,732$ 14,636,321$ 14,899,053$ January 2018 A Preliminary Examination of the Impacts of Developing A Sports Complex and a Retail/Entertainment Complex Prepared by: Land + Leisure, LLC 2716 Downing Drive Plano, TX 75023 8 JOBS AND ECONOMIC IMPACT Construction Period First 5 Years of Operation TOTAL (One-Time)(Ongoing) Employment - Direct 119 80 199 Employment - Indirect & Induced 92 14 106 Total Jobs (full and part-time)211 94 305 Worker's Earnings - Direct 9,916,803$ 6,639,433$ 16,556,236$ Worker's Earnings - Indirect & Induced 7,735,415$ 2,774,863$ 10,510,278$ Total Worker's Earning (full and part-time)17,652,218$ 9,414,296$ 27,066,514$ January 2018 A Preliminary Examination of the Impacts of Developing A Sports Complex and a Retail/Entertainment Complex Prepared by: Land + Leisure, LLC 2716 Downing Drive Plano, TX 75023 9 SQH ADDITIONAL CONSIDERATIONS (BEYOND HOTEL OCCUPANCY AND SALES TAX GENERATIONS) TOTAL LEASED ACREAGE ADDITIONAL ANNUAL RENTS Acreage - Sports Elements (fields, fieldhouse, concessions, play area, etc.)67.69 1.00$ Acreage - Undevelopable Floodway (option to lease)30.22 -$ Acreage - Commercial Improvements (complementary sports-related)105.39 50,000$ Total Leased Acreage - City of Corpus Christi 203.30 50,001$ •Relocate the City’s Solid Waste Dept. operations to another site designated by the City •Pay annual rent of $50,000 on acreage beyond original 68-acre lease agreement •Construct $3.689M in public improvements (Oso Parkway extension and hike & bike trail) at no cost to City •Pay all real and personal property taxes levied on the premises and improvements 10 REGIONAL SPORTS COMPLEX SUMMARY SQH Sports & Entertainment, Inc. Investment: Complex & Infrastructure Improvements to Land 29,750,000$ Public Extension of Oso Parkway Construction 2,841,649$ Public Hike & Bike Trail Construction 847,430$ 33,439,079$ Tax Revenue & Impact of Jobs (Construction & First 5 Years of Operations): Sales & Hotel Occupancy Tax Revenue Generated for Corpus Christi 14,899,053$ Jobs – Direct, Indirect & Induced 305 Worker's Earnings – Direct, Indirect & Induced 27,066,514$ Additional Considerations Provide by SQH Sports & Entertianment, Inc.: Pay annual rent of $50,000 on acreage beyond original 68-acre lease agreement Relocate the City's Solid Waste Dept. operations to another site designated by the City Construct Oso Parkway extension and hike/bike trail ($3.689M) at no cost to City Pay all real and personal property taxes levied on the premises and improvements $50,000 per year = $2,000,000 over 40 years paid to City by SQH $3,689,089 over 40 years = $92,277 per year of public improvements paid for by SQH 11 HOW DOES THE CITY OF CORPUS CHRISTI BENEFIT FROM A REGIONAL SPORTS COMPLEX? Unique, world-class regional youth sports complex $33.4M private investment in new infrastructure $50,000 per year lease payment $3.689M in public improvements (road/trail at zero cost to taxpayers) = $92,227 per year for 40 years 305 Direct, Indirect and Induced Jobs* $27,066,514 Direct, Indirect and Induced Worker’s Earnings* 200,000 to 300,000 out-of-town visitors annually at zero marketing investment by City of Corpus Christi Resulting in multi-million annual sales tax and hotel occupancy tax revenue with: Zero municipal bonds requirement Zero taxpayer burden Zero taxpayer risk * Construction plus first five years operation 12 MILESTONES (PROPOSED LEASE AGREEMENT) D + 60 days / SQH to inspect property (soil samples, etc.) and sign “Notice of Election” to continue D + 6 months / SQH demonstrate utility planned approved D + 12 months / SQH demonstrate project funding secured D + 13 months / SQH complete final project design D + 18 months / SQH begin construction D + 36 months / SQH complete construction D + 38 months / SQH commence operation of major components D = Effective Date of Lease Agreement 13 CORPUS CHRISTI REGIONAL SPORTS COMPLEX A site once designated as a solid waste landfill can become the sports and entertainment jewel of the Coastal Bend.