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Agenda Packet City Council - 02/26/2019
City Council City of Corpus Christi Meeting Agenda - Final 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, February 26, 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 Reverend Bruce Wilson, Community Development Coordinator. C.Pledge of Allegiance to the Flag of the United States to be led by Jesse Cantu, Assistant Director of Gas Operations. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.Proclamations / Commendations 1.19-0316 Proclamation declaring February 26, 2019, "Outstanding Community Leader Honorees for National LULAC Week 2019". Proclamation declaring March 1, 2019, "Public Risk Management Awareness Day". Proclamation declaring March 12, 2019, "IHOP Free Pancake Day and Shriners Hospital for Children Day". Proclamation declaring March 8, 15, and 22, 2019, "Fill-the-Boot for the Page 1 City of Corpus Christi Printed on 2/25/2019 February 26, 2019City Council Meeting Agenda - Final Muscular Dystrophy Association Days". Arts and Cultural Commission Will Recognize the 2019 Arts Grant Recipients with a Check Presentation. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. F.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.UTILITY BILLING UPDATE b.OTHER G.MINUTES: 2.19-0323 Regular Meeting of February 19, 2019. Minutes - February 19, 2019Attachments: H.BOARD & COMMITTEE APPOINTMENTS: 3.19-0317 Arts and Cultural Commission Corpus Christi Aquifer Storage and Recovery Conservation District Mechanical/Plumbing Advisory Board Museum of Science and History Advisory Board Oil and Gas Advisory Committee Parking Advisory Committee ARTS & CULTURAL COMMISSION CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT MECHANICAL-PLUMBING ADVISORY BOARD MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD OIL AND GAS ADVISORY COMMITTEE PARKING 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 2/25/2019 February 26, 2019City Council Meeting Agenda - Final 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.RECESS FOR LUNCH The City Council will take a lunch break at approximately 12:30 p.m. L.CONSENT AGENDA: (ITEMS 4 - 12) 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. 4.19-0209 Service Agreement for Psychological Services for Police, Fire, Airport and Municipal Court Page 3 City of Corpus Christi Printed on 2/25/2019 February 26, 2019City Council Meeting Agenda - Final Motion authorizing a three-year service agreement for psychological services with Kathryn W. Soward, Ph.D., of Corpus Christi, Texas, for an amount not to exceed $78,750.00, with two one-year options for a potential total amount not to exceed $131,250.00. Agenda Memo - Psychological Services for Police, Fire, Airport, and Municipal Court Evaluation Matrix - RFP 1989 Pychological Services Service Agreement 1989 Attachments: 5.19-0186 Supply Agreement for Asphalt Patch Bags for Street Operations Motion authorizing a three-year supply agreement with Asphalt Patch Enterprises, Inc. of New Braunfels, Texas, for the purchase of asphalt patch bags for a total amount not to exceed $371,347.20. Agenda Memo- Ashpalt Patch Bags Bid Tab - Asphalt Patch Bags - 60lbs Supply Agreement - Asphalt Patch Bags Attachments: 6.19-0231 Resolution for an Interlocal Agreement with Texas A&M Agrilife Extension Service for soil analysis Resolution authorizing an Interlocal Agreement with Texas A&M AgriLife Extension Service for a soil testing program. Agenda Memo - Interlocal Agmt for Soil Testing CCBEP Grant Resolution - TAMU AgriLife Soil Testing for CBBEP Grant Interlocal Agmt - Agrilife Soil Testing Lab Extension 2019 Attachments: 7.19-0215 Supply Agreement for Sludge Dewatering Polymer for Wastewater Plants Motion authorizing a one-year supply agreement for sludge dewatering polymer with Polydyne, Inc. from Riceboro, Georgia for a total amount not to exceed $308,992.00. Agenda Memo - Sludge Dewatering Polymer Supply Agreement -Sludge Dewatering Polymer.pdf Bid Tab - Sludge Dewatering Polymer Attachments: 8.19-0237 Second Reading Ordinance - Appropriating funds from the Recovery on damage claim (1st Reading Ordinance appropriating $5,682.32 from damage claim into General Fund to pay damage claim on a leased vehicle; and changing Operating Budget by increasing revenue and expenditures in the General Fund by $5,682.32. Agenda memo - appro funds for damages to enterprise Ordinance appropriating insurance claim police 2019 Attachments: Page 4 City of Corpus Christi Printed on 2/25/2019 February 26, 2019City Council Meeting Agenda - Final 9.19-0213 Second Reading Ordinance - Amending Chapter 23 of the City Code prohibiting operating of retail tobacco stores, hookah lounges, vaping lounges and cigar bars from 2:00 am to 7:00 am (1st Reading 2/19/19) Ordinance amending Chapter 23 of the Corpus Christi Code to prohibit operating and using retail tobacco stores, hookah lounges, vaping lounges and cigar bars from 2:00 am to 7:00 am; and providing for penalty. Agenda memo Hooka lounge 02.12.2019 Ordinance - After hours operating prohibition - Final Attachments: 10.19-0250 Second Reading Ordinance - Easement closure for property located at 16001 El Soccorro Loop (1st Reading 2/19/19) Ordinance abandoning and vacating a 7.5-foot wide by approximately 60-feet in length (449.73 sq. ft.) portion of an existing utility easement out of Lot 7, Block 26, Padre Island-Corpus Christi, Coquina Bay Subdivision, located at 16001 El Soccorro Loop. Agenda Memo - El Soccorro closure Ordinanace with Exhibits - El Soccorro closure Presentation - El Soccorro closure Attachments: 11.19-0230 Second Reading Ordinance - Appropriating reimbursement funds for the Coastal Bend Fertilizer and Pesticides Monitoring Program (1st Reading 2/19/19) Ordinance to appropriate $37,048 in reimbursement funds received through the Reimbursement Contract with Coastal Bend Bays and Estuaries Program, Inc. for the Coastal Bend Fertilizer and Pesticides Monitoring Program in the No. 4300 Stormwater Treatment Fund. Agenda Memo - CBBEP fertilizer contract Ordinance - CBBEP fertilizer CBBEP reimb contract for Fertilizer Monitoring Attach-STORM WATER OUTREACH AND EDUCATION PLAN Attachments: 12.19-0261 Second Reading Ordinance - Amending the Capital Improvement Budget for replacement of the current gas-powered chillers (1st Reading 2/19/19) Ordinance amending the FY 2019 Capital Improvement Budget to add project E15135 Gas Department Chiller Replacement in the amount of $410,000 for replacement of the current gas powered-chillers. Agenda Memo - Gas Chillers Replacement at Gas Dept Building Ordinance - Gas Chillers Replacement at Gas Dept Building Attachments: Page 5 City of Corpus Christi Printed on 2/25/2019 February 26, 2019City Council Meeting Agenda - Final Location Map M.FUTURE AGENDA ITEMS: (ITEMS 13 - 16) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 13.19-0270 Resolution authorizing grant application submission for funding available under the FY 2020 Local Security Border Security Program Grant Resolution authorizing submission of grant application in the amount of $285,193.93 to the Office of the Governor Homeland Security Grants Division for funding eligible under the FY 2020 Local Border Security Program Grant. Agenda memo LBSP apply 02.26.2019 Resolution - LBSP grant 2019 Attachments: 14.19-0310 Resolution approving an agreement with People Assisting Animal Control (PAAC) for services in lieu of gas tap fee Resolution approving an agreement between the City of Corpus Christi and Corpus Christi People Assisting Animal Control (PAAC) for services in lieu of Gas Tap Fee. Agenda Memo - PAAC agreement 02.26.2019 Resolution - PAAC Gas Tap 2019 PAAC agreement 02.26.2019 Attachments: 15.18-1273 Service Agreement Amendment for Web Based Emergency Operations Center (WebEOC) Software Maintenance and Support Motion authorizing Amendment No.1 to the service agreement with ESI Acquisition, Inc., of Augusta, Georgia for WebEOC software maintenance and support for an additional five-year term, for a not to exceed amount of $56,501.53 for revised total agreement amount not to exceed $100,753.53 and ratifying Amendment No. 1 back to the effective date of August 1, 2017. Agenda Memo WebEOC Amendment 1 WebEOC Service Agreement WebEOC Attachments: 16.19-0108 Resolution authorizing a Service Agreement for the M5 FleetFocus system for Asset Management Resolution authorizing a five-year service agreement for software hosting, Page 6 City of Corpus Christi Printed on 2/25/2019 February 26, 2019City Council Meeting Agenda - Final maintenance and support for the M5 FleetFocus system with AssetWorks, LLC of Wayne, Pennsylvania, for an amount not to exceed $437,337.88 and ratifying the agreement back to the effective date of January 1, 2018. Agenda Memo - AssetWorks Asset Mgmt Resolution - AssetWorks Asset Mgmt Price Sheet - AssetWorks Asset Mgmt Software Maintenance Agreement - AssetWorks Asset Mgmt Hosting Services Agrement - AssetWorks Asset Mgmt Professional Services Agreement - AssetWorks Asset Mgmt Software License Agreement and Related Hardware - AssetWorks Asset Mgmt Attachments: N.PUBLIC HEARINGS: (ITEM 17) 17.19-0252 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 2725 Rand Morgan Road Case No. 0119-04 Tim Lange: Request for rezoning property at or near 2725 Rand Morgan Road from the “RS-6” Single-Family 6 District to the “RS-4.5” Single-Family 4.5 District. Planning Commission and Staff Recommendation (January 11, 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. Ordinance rezoning property at or near 2725 Rand Morgan Road from the “RS-6” Single-Family 6 District to the “RS-4.5” Single-Family 4.5 District. Agenda Memo_0119-04 Tim Lange Ordinance_0119-04 Tim Lange CC Report_0119-04 Tim Lange Presentation_0119-04 Tim Lange Attachments: O.REGULAR AGENDA: (ITEMS 18 - 21) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 18.19-0319 Construction Contract for the Corpus Christi Army Depot (CCAD) Security Enclave Project Motion to authorize execution of a construction contract with Summit Building & Design of Laredo, Texas in the amount of $2,945,359 for the Corpus Christi Army Depot (CCAD) Security Enclave Project located on the Naval Air Station Corpus Christi (NASCC) for the Base Bid plus Additive Alternate #4. Page 7 City of Corpus Christi Printed on 2/25/2019 February 26, 2019City Council Meeting Agenda - Final Agenda Memo CCAD Enclave Construction Project Budget - Security Enclave Location Map - Security Enclave Presentation - Security Enclave Letter of Recommnedation Attachments: 19.19-0312 Resolution authorizing a Supply Agreement for the purchase of water and gas meter transmission units Resolution authorizing a two-year supply agreement for the purchase of water and gas meter transmission units with Aclara Technologies LLC, of Hazelwood, Missouri for a total amount not to exceed $3,359,358.02. Agenda Memo - Water and Gas Meter Transmission Units 021319 Resolution Sole Source -Water and Gas Meter Transmission Units Bid Tab- Water and Gas Meter Transmission Units Supply Agreement - Water and Gas Transmission Units Attachments: 20.19-0324 Resolution granting petition requesting annexation by area landowners of approximately 161.56 acres of land into the territorial limits of the City of Corpus Christi Agenda Memo Resolution - Petition for Annexation 2.15.19 London Towne Annexation Petition London Area Annexation Petition 2-15-2019 Attachments: 21.19-0242 Discussion with possible action regarding the process for City Charter Review. Agenda Memo - Process for City Charter Review 2019-02-26 PowerPoint - Charter Review Process - 02-26-19 Attachments: P.FIRST READING ORDINANCES: (ITEMS 22 - 24) 22.19-0178 First Reading Ordinance - Appropriating Funds and Approving a Construction Contract for the Traffic Signals and Lighting Improvements (Bond 2014, Propostion 2) Ordinance appropriating $737,916 of anticipated revenues from the Texas Department of Transportation (TxDOT), amending the capital improvement budget and authorizing the execution of a construction contract with Siemens Mobility, Inc. of Austin, Texas in the amount of $1,885,543 for Traffic Signals and Lighting Improvements for the base bid only. (Bond 2014, Proposition 2) Agenda Memo Traffic Lighting Improvements Ordinance - Traffic Lighting Improvements Attachments: Page 8 City of Corpus Christi Printed on 2/25/2019 February 26, 2019City Council Meeting Agenda - Final Project Budget - Traffic Signal and Lighting Location Map MBITS Letter of Recommendation - revised Presentation - Traffic Signal and Lighting Improvements 23.19-0259 First Reading Ordinance - Amending City Code for Maintenance and Operation of Grease Interceptors and Oil/Sand Interceptors Ordinance amending Chapter 55, Code of Ordinances, Article XVII, Maintenance and Operation of Grease Interceptors and Oil/Sand Interceptors, Sections 55-219 through 55-223. Agenda Memo -FOG Ordinance - FOG Presentation - FOG Ordinance Amendments Attachments: 24.19-0320 First Reading Ordinance - Accepting revenue and approving a Revocable Easement with a Temporary Construction Easement to Epic Y Grade Pipeline, LP Ordinance accepting $151,721 of revenue and authorizing execution of a Revocable Easement with a Temporary Construction Easement to Epic Y Grade Pipeline, LP. Agenda Memo - EPIC Ordinance - EPIC Vicinity Map - EPIC Revocable Easement - EPIC Presentation - EPIC Attachments: Q.BRIEFINGS: (ITEM 25) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. The City Manager or City Council Liaison for any city board, commission, committee or corporation (including Type A or B Corporation) may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. 25.19-0327 Wastewater Construction and Fee Waivers Agenda Memo- Wastewater Briefing Presentation - Wastewater Briefing Attachments: R.LEGISLATIVE UPDATE This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. Page 9 City of Corpus Christi Printed on 2/25/2019 February 26, 2019City Council Meeting Agenda - Final S.EXECUTIVE SESSION: (ITEMS 26 - 28) 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. 26.19-0313 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 case of Salinas Construction v. City of Corpus Christi et al, with potential approval of agreement(s) to provide additional expert witness services. 27.19-0314 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City’s contracts related to waste management, handling, and disposal and state and federal regulations related to landfill management, disposal of solid waste, and/or recycling, including but not limited to, the City’s contracts with Republic Services, Cefe Landfill Tx, LP, BFI Waste Services of North America, Inc. and BFI Waste Systems of Texas, LP. and related entities, and provisions related to mediation, arbitration, and termination of agreements for the aforementioned functions. 28.19-0315 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 Police Officers’ Association and the Corpus Christi Professional Firefighters’ Association. 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 agenda, but no other action will be taken, and no public comment solicited. U.ADJOURNMENT Page 10 City of Corpus Christi Printed on 2/25/2019 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, February 19, 2019 Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:33 a.m. Invocation to be given by Pastor Rick Barerra, Believe Church.B. Pastor Rick Barrera gave the invocation. Pledge of Allegiance to the Flag of the United States to be led by Tracey Cantu, Assistant Director of Communication. C. Assistant Director of Communication Tracey Cantu led the Pledge of Allegiance. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Interim City Manager Keith Selman, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. Page 1City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Present:9 - Proclamations / CommendationsE. 1.Commendation for Con Mims, Executive Director, Nueces River Authority. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. Mayor McComb presented a commendation and conducted the swearing-in ceremony for newly appointed board and committee members. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:F. Mayor McComb referred to City Manager’s Comments. Interim City Manager Keith Selman reported on the following topics: OTHERb. 1) The Solid Waste Department is prepositioned with contract workers in the event of an emergency, such as Hurricane Harvey, to instantly begin cleanup after the event. The contract was fully reimbursable by the Federal Emergency Management Agency (FEMA) and the City has collected 90% reimbursement. The City collected 638,000 tons of refuse with an accumulated value of $10,625,000. 2) The Police Department is hosting a community meeting on Thursday, February 21, 2019 at Rose Shaw Elementary School located at 2920 Soledad Street from 6:00 p.m. to 8:00 p.m. UTILITY BILLING UPDATEa. Interim City Manager Selman introduced Interim IT Director Peter Collins who provided the following information regarding the City's Infor Software and the utility billing system: an update on the external audit process; the Development Services portal; the Hanson and Lawson software systems; a future agenda item regarding the meter transmission units (MTU) and Automated Meter Reading (AMR) system; and the progress of the missed utility bills. Mayor McComb announced that Item 31 was pulled. MINUTES:G. 2.Regular Meeting of February 12, 2019. Mayor McComb referred to approval of the minutes. Council Member Hernandez made a motion to amend the minutes regarding Item 40, Corpus Christi Regional Transportation Authority (RTA) 2018 Year in Review, to include the the question if the RTA is going to request fare increases from the City Council and the reply that the RTA is looking into the option which may be a Page 2City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes future City Council item, seconded by Council Member Smith and passed unanimously. Council Member Smith made a motion to approve the minutes as amended, seconded by Council Member Hernandez and passed unanimously. BRIEFINGS: (ITEM 44)S. 44.Corpus Christi Museum of Science and History Update Mayor McComb deviated from the agenda and referred to Item 44. Carol Rehtmeyer, President/CEO of the Friends of the Museum of Science and History, stated that the purpose of this item is to provided an update on the Museum of Science and History (Museum). Ms. Rehtmeyer and Dr. Mary Jane Garza presented the following information: that the Friends of the Museum is 135 days into the contract since being awarded management of the Museum; quotes from patrons of the Museum; an income comparison; a revenue comparison from 2013 to 2019; current membership; education programs; events from October 2018 to February 2019; upcoming events and camps; improvements to the exhibits and general maintenance; the number of employees; grants and sponsorships; Rebuild Texas/One Star funded projects; a major project to completely revise the website; billboard advertising; partnerships and associations; and feedback from Museum guests. Council members and the presentation team spoke regarding the following topics: the removal of mulch from the outdoor playground area; continuous reporting to Assistant to the City Manager Esther Velazquez and the progress at the Museum; and advertising. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. All items on this agenda are considered public hearings. J. Mayor McComb 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. Brian Watson, 5813 Hugo, spoke regarding efforts to establish a tennis facility on the south side of the City and in support of the jail diversion program. Ramiro Gamboa, 2630 Cloyde, spoke regarding issue related to gas meter reading and maintenance of the meters. Susie Luna Saldana, 4710 Hakel, thanked the City Council for moving forward with the regional sports Page 3City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes complex. BOARD & COMMITTEE APPOINTMENTS:H. 3.Committee for Persons with Disabilities Electrical Advisory Board Leadership Committee for Senior Services Mechanical/Plumbing Advisory Board Pipeline Review Panel Regional Health Awareness Board Sister City Committee Mayor McComb referred to board and committee appointments. The following appointments were made: Committee for Persons with Disabilities Council Member Garza made a motion reappointing Richard Balli, Mary C. Bustos, Sabrina Ramirez, and Anthony Zoccolillo, seconded by Council Member Hunter and passed unanimously. Council Member Molina made a motion to appoint James (T.C.) Chadden and Vanessa P. Nisbet, seconded by Council Member Hunter and passed unanimously. Electrical Advisory Board Council Member Garza made a motion to reappoint William R. Ashcraft, Jr. (Utility Power Distribution), Robert Sandate (Electrical Supply Business), and Lyndon E. Smiling (Not Connected to Electrical Industry) and reinstate David A. Carranco (Journeyman Electrician), seconded by Council Member Guajardo and passed unanimously. Council Member Garza made a motion to appoint James Hernandez (Master Electrician), seconded by Council Member Barrera and passed unanimously. Leadership Committee for Senior Services Council Member Garza made a motion to reappoint Ginger Bryant (Senior Center), Teresa Garcia (Agency), Monica Hansen (Community Representative), Denise Villagran (Community Representative), and Meng Zhao (Community Representative), seconded by Council Member Barrera and passed (Council Member Smith voting "No". Council Member Guajardo made a motion to appoint Pamela Greene (Community Representative), Melanie M. Munoz (Community Representative), and Sarita Salvide (Community Representative), seconded by Council Member Molina and passed unanimously. Mechanical/Pluming Advisory Board - postponed Page 4City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes Pipeline Review Panel Council Member Hunter made a motion to appoint Ricardo Ramos (Community Representative), seconded by Council Member Hernandez and passed unanimously. Council Member Molina made a motion to appoint Richard D. Stracener (Technical Expertise), Christopher J. Rabe (Technical Expertise), Hector D. Gonzalez (Technical Expertise), and Joe Almaraz (Emergency Management Experience/Technical Expertise), seconded by Council Member Hernandez and passed unanimously. Regional Health Awareness Board Council Member Hernandez made a motion to appoint James C. Miller PhD (City Community Representative), seconded by Council Member Smith and passed unanimously. Sister City Committee Council Member Hunter made a motion to appoint Abu N. M. Waheeduzzaman (Advertising/Public Relations), seconded by Council Member Hernandez and passed unanimously. Council Member Hernandez made a motion to appoint Fernando Fernandez, Jr. (At-Large), seconded by Council Member Barrera and passed unanimously. EXPLANATION OF COUNCIL ACTION:I. CONSENT AGENDA: (ITEMS 4 - 29)K. Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council members requested that Items 6, 7 and 10 be pulled for individual consideration. There were no comments from the public. Council Member Guajardo made a motion to approve the Consent Agenda, seconded by Council Member Garza. The consent agenda items were passed and approved by one vote as follows: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 4.Lease Purchase of Vehicles for Police Department Page 5City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes 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. This Motion was passed on the consent agenda. Enactment No: M2019-021 5.Service Agreement for Battery Replacements for Corpus Christi Fire Department 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. This Motion was passed on the consent agenda. Enactment No: M2019-022 8.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. This Motion was passed on the consent agenda. Enactment No: M2019-025 9.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. This Motion was passed on the consent agenda. Enactment No: M2019-026 11.Service Agreement for Offsite Repairs of Ford Vehicles for Asset Management Page 6City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes 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. This Motion was passed on the consent agenda. Enactment No: M2019-028 12.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. This Resolution was passed on the consent agenda. Enactment No: 031669 13.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. This Motion was passed on the consent agenda. Enactment No: M2019-029 14.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 . This Motion was passed on the consent agenda. Enactment No: M2019-030 Page 7City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes 15.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. This Resolution was passed on the consent agenda. Enactment No: 031670 16.Second Reading Ordinance - Rezoning for a Property located at or near 6001 Crosstown Expressway (State Highway 286) (1st Reading 2/12/19) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031671 17.Second Reading Ordinance - Rezoning for a Property located at or near 0 Enterprize Parkway (1st Reading 2/12/19) 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. Page 8City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes Ordinance rezoning property at or near 0 Enterprize Parkway from the “IL” Light Industrial District to the “CG-2” General Commercial District. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031672 18.Second Reading Ordinance - Rezoning for a Property located at or near 1752 Rand Morgan Road (1st Reading 2/12/19) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031673 19.Second Reading Ordinance - Accepting and appropriating Victims of Crime Act (VOCA) Outreach Program Grant (1st Reading 2/12/19) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031674 20.Second Reading Ordinance - Accepting and appropriating funds from the Hurricane Public Health Crisis Response Cooperative Services grant (1st Reading 2/12/19) Page 9City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031675 21.Second Reading Ordinance - Type A Grant for the Del Mar College Small Business Development Center (SBDC) (1st Reading 2/12/19) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031676 22.Second Reading Ordinance - Type A Grant for the Del Mar College Contract Resource Center (CRC) (1st Reading 2/12/19) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031677 23.Second Reading Ordinance - Partial Easement Closure located at 13982 Binnacle Street (1st Reading 2/12/19) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031678 24.Second Reading Ordinance - Easement Closure for property located at 1649 Amber Drive (1st Reading 2/12/19) Page 10City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031679 25.Second Reading Ordinance - Exempting Heines Substation from Wastewater Lot Acreage Fee (1st Reading 2/12/19) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031680 26.Second Reading Ordinance - Exempting Swan Village Unit 1 from Wastewater Lot Acreage Fee (1st Reading 2/12/19) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031681 27.Second Reading Ordinance - Approving Amendments to the Tax Increment Reinvestment Zone #2 amended Project & Financing Plans (1st Reading 2/12/19) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031682 28.Second Reading Ordinance - Approving the Resale of 13 Foreclosed Properties (1st Reading 2/12/19) 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 Page 11City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes paving and demolition liens. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031683 29.Second Reading Ordinance - Appointments of Municipal Court Judges (First Reading - 02/12/19) Ordinance appointing Mike James Alaniz, Young Min Burkett, Jacqueline Del Llano Chapa, Gail Loeb, and Patrick O’ Hare as full-time Municipal Judges of the Municipal Court of Record in the City of Corpus Christi, Texas; appointing Gail Loeb as the presiding judge; appointing Jerry L. Batek, Christopher E. Matt, Michael McCaig, Todd A. Robinson, and David Walsh as part-time judges of the Municipal Court of Record in the City Of Corpus Christi; determining salary; providing a term of office; and declaring an effective date. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031684 6.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. Mayor McComb referred to Item 6, a five-year service agreement for HEB Tennis Center management and program services. Interim Director of Parks and Recreation Becky Perrin, Assistant Director of Financial Services Kim Baker, Parks and Recreation Finance and Resource Manager Kathleen Ramos and council members discussed the following topics: if the City has other contracts where the vendor receives 100% of revenue; concerns from council members regarding the five-year term of the agreement; a council member suggested changing the term of the agreement to one-year to determine performance of the contract, with extensions based on City Council input; that the vendor would have to agree to changing the terms of the agreement; that the City is subsidizing the tennis program and paying for maintenance of the facility; a council member discussed the approach regarding operating tennis centers similar to the golf courses in order for the tennis centers to become self-sustaining; that staff's goal was to prove to the vendors that the tennis centers can generate revenue and eventually be self-sustaining; auditing and monitoring of the contract; the termination clause in the agreement; a council member suggested a three-year agreement with the option to bring back to City Council for two, one-year renewals; complaints regarding the management at HEB Tennis Center; if there is a mechanism in place to tier down the funding provided by the City; the market that the City is trying to Page 12City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes attract to these facilities; that the HEB Tennis Center is a tournament/league facility; the revenue generated from tournaments; the results of the audit of the tennis centers; the City's portion of the revenue from the current contract; the terms of the current agreement, including revenue sharing; the funding invested for the recent upgrades to the HEB Tennis Center; the overall revenue potential; the overall budget for the HEB Tennis Center; that this contract is a savings of $50,000 in the budget; that the golf facilities are leased and not under a management agreement; an option to lease out the tennis facilities; that the proposed contract is with the current operator of the facility; a long-term goal for the tennis facilities; staff's recommendation to move forward with a service agreement and look into options for a lease-option in the next phase; that a contracts/fund administrator will be reviewing the contract; and the number of tournaments at the HEB Tennis Center. There were no comments from the public. Council Member Hunter made a motion to amend the motion to authorize a three-year service agreement and direct the Interim City Manager to look into a lease-option similar to the golf courses, seconded by Council Member Hernandez. The Motion to amend was passed and approved with the following vote: Mayor McComb, Council Members Roy, Hernandez, Hunter, and Molina voting "Aye"; Council Members Smith, Barrera, Garza, and Guajardo voting "No". Council Member Hunter made a motion to approve the motion as amended seconded by Council Member Hernandez. This Motion was passed as amended and approved with the following vote: Aye:Mayor McComb, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Roy 5 - Nay:Council Member Barrera, Council Member Garza, Council Member Guajardo and Council Member Smith 4 - Abstained:0 Enactment No: M2019-023 7.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. Mayor McComb referred to Item 7, a five-year service agreement for Al Kruse Tennis Center management and program services. Interim Director of Parks and Recreation Becky Perrin, Assistant Director of Financial Services Kim Baker, Parks and Recreation Finance and Resource Manager Kathleen Ramos responded to council members questions. There were no comments from the public. Page 13City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes Council Member Molina made a motion to amend the motion to a three-year service agreement and direct the Interim City Manager to look into a lease-option similar to the golf courses, seconded by Council Member Hunter. Council members discussed the following topics: a council member expressed concern regarding the length of the agreement; that programming at the Al Kruse Tennis Center is not as detailed as programming at the HEB Tennis Center; that the Al Kruse Tennis Center is a neighborhood-type facility and the HEB Tennis Center is more tournament oriented; staff's opinion regarding if the terms should be amended; and that staff expressed support for a three-year service agreement should the City Council desires to move forward with a lease-option in the future Council Member Molina rescinded his motion; Council Member Hunter rescinded his second. 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:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Molina, Council Member Roy and Council Member Smith 6 - Nay:Council Member Garza, Council Member Hernandez and Council Member Hunter 3 - Abstained:0 Enactment No: M2019-024 10.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. Mayor McComb referred to Item 10. Interim Director of Street Operations Charlie Cardenas stated that the purpose of this item is to authorize a three-year supply agreement for the purchase of emulsified polymerized asphalt with Ergon Asphalt & Emulsions, Inc. There were no comments from the public. Council members and staff discussed the following topics: that there were no other bidders to the Request for Bid (RFB); if there are other vendors that provide this product; that there are no other sources in Texas that provide this product; if there has been a determination that Ergon Asphalt & Emulsions is responsible for the last citywide water ban issue; if there are other compatible products that can be used; background regarding the Street Department's use of the current product; safety concerns regarding alternative products and the impact those products have on City equipment; how having one vendor for this product impacts pricing; if the City has the equipment to use other products; the number of street crews the City has for seal coating; the Street Preventative Maintenance Program (SPMP); that the street work is supplemented with the SPMP contract; a cost analysis between contract versus Page 14City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes in-house crews; and evaluating alternate methods and materials. Council Member Barrera made a motion to approve the motion, seconded by Council Member Smith. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Hernandez, Council Member Roy and Council Member Smith 6 - Nay:Council Member Guajardo and Council Member Molina2 - Absent:Council Member Hunter1 - Abstained:0 Enactment No: M2019-027 EXECUTIVE SESSION: (ITEMS 46 - 47)U. Mayor McComb deviated from the agenda and referred to Executive Session Items 46 and 47. The Council went into executive session at 1:50 p.m. The Council returned from executive session at 2:38 p.m. 46.Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the purchase, exchange, lease, or value of real property rights at or in the vicinity of the Frost Bank Building and/or 2400 Block of Leopard Street, and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property rights at or in the vicinity of the aforementioned locations) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E-Session Item was discussed in executive session. 47.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 negotiations and potential litigation with the U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, Texas Attorney General, and/or U.S. Department of Justice concerning the City's sanitary sewer system and/or water system, dissolved oxygen standards in Oso Bay, sanitary sewer overflows, and other regulatory matters related to the City’s wastewater treatment plants This E-Session Item was discussed in executive session. RECESS FOR LUNCHM. The recess for lunch was held during Executive Session Items 46 and 47. Page 15City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes FUTURE AGENDA ITEMS: (ITEMS 30 - 34)L. Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman stated that staff had no planned presentations. 30.Service Agreement for Psychological Services for Police, Fire, Airport and Municipal Court Motion authorizing a three-year service agreement for psychological services with Kathryn W. Soward, Ph.D., of Corpus Christi, Texas, for an amount not to exceed $78,750.00, with two one-year options for a potential total amount not to exceed $131,250.00. This Motion was recommended to the consent agenda. 31.Approval of Five (5) Master Agreements for Facilities Multiple Award Contract (FMAC) Program Motion authorizing the City Manager or designee to execute a Master Agreement for the Facilities Multiple Award Contract (FMAC) program for a two-year term with the option to administratively renew annually for not more than three additional years, with no guaranteed minimum and a maximum aggregate of $2,500,000 per agreement in any one year with the following: Barcom Construction, Inc. of Corpus Christi, Texas Davila Construction, Inc. of Corpus Christi, Texas Gourley Contracting, LLC of Corpus Christi, Texas Teal Construction Company, Inc. of Corpus Christi, Texas Abba Construction, LLC of Laredo, Texas (Alternate Contractor) This Motion was withdrawn. 32.Supply Agreement for Asphalt Patch Bags for Street Operations Motion authorizing a three-year supply agreement with Asphalt Patch Enterprises, Inc. of New Braunfels, Texas, for the purchase of asphalt patch bags for a total amount not to exceed $371,347.20. This Motion was recommended to the consent agenda. 33.Resolution for an Interlocal Agreement with Texas A&M Agrilife Extension Service for soil analysis Resolution authorizing an Interlocal Agreement with Texas A&M AgriLife Extension Service for a soil testing program. Page 16City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes This Resolution was recommended to the consent agenda. 34.Supply Agreement for Sludge Dewatering Polymer for Wastewater Plants Motion authorizing a one-year supply agreement for sludge dewatering polymer with Polydyne, Inc. from Riceboro, Georgia for a total amount not to exceed $308,992.00. This Motion was recommended to the consent agenda. PUBLIC HEARINGS: (NONE)N. REGULAR AGENDA: (ITEMS 35 - 36)O. 35.Resolution for approval to submit a grant application for funding available under the Violence against Women Act (VAWA) Fund Resolution authorizing submission of grant application for $54,338.83 to the State of Texas under the Violence Against Women Act with city cash match of $14,000 and $8,280 in-kind services. Mayor McComb referred to Item 35. Police Management Services Director Pat Eldridge stated that the purpose of this item is to authorize submission of a grant application in the amount of $54,338.83 with a city cash match of $14,000 and $8,280 in-kind services for the Violence Against Women Act (VAWA). There were no comments from the Council or the public. Council Member Molina made a motion to approve the resolution, seconded by Council Member Barrera. This Resolution was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 Enactment No: 031685 36.Resolution for approval to submit a grant application for funding available under the Victims of Crime Act Fund Resolution authorizing submission of grant application in the amount of $282,848.10 to the State of Texas under the Victims of Crime Act with city cash match of $61,112.02 and $9,600 in-kind services. Mayor McComb referred to Item 36. Police Management Services Director Pat Eldridge stated that the purpose of this item is to authorize submission of a grant application in the amount of $282,848.10 with a city cash match of Page 17City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes $61,112.02 and $9,600 in-kind services to the State of Texas for the Victims of Crime Act. There were no comments from the Council or the public. Council Member Molina made a motion to approve the resolution, seconded by Council Member Hernandez. This Resolution was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 Enactment No: 031686 FIRST READING ORDINANCES: (ITEMS 38 - 39)P. 38.First Reading Ordinance - Appropriating funds from the Recovery on damage claim Ordinance appropriating $5,682.32 from damage claim into General Fund to pay damage claim on a leased vehicle; and changing Operating Budget by increasing revenue and expenditures in the General Fund by $5,682.32. Mayor McComb deviated from the agenda and referred to Item 38. Police Management Services Director Pat Eldridge stated that the purpose of this item is to appropriate $5,682.32 to pay damage claim on a leased vehicle. There were no comments from the Council or the public. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 39.First Reading Ordinance - Amending Chapter 23 of the City Code prohibiting operating of retail tobacco stores, hookah lounges, vaping lounges and cigar bars from 2:00 am to 7:00 am Ordinance amending Chapter 23 of the Corpus Christi Code to prohibit operating and using retail tobacco stores, hookah lounges, vaping lounges and cigar bars from 2:00 am to 7:00 am; and providing for penalty. Mayor McComb referred to Item 39. Deputy Police Chief Billy Breedlove stated Page 18City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes that the purpose of this item is to amend the City's Code of Ordinances, Smoking Ordinance, by updating definitions to include electronic smoking devices, vaping and hookah; to include vaping and hookah lounges into the definition of a smoking lounge; and to limit operation of tobacco and smoking lounges to 7:00 a.m. to 2:00 a.m. There were no comments from the public. In response to a council member, Police Chief Mike Markle stated that there are quality of life concerns regarding smoking lounges operating after 2:00 a.m. The smoking lounges, which currently operate after 2:00 a.m., are impacting residents that live adjacent to those establishments and increasing the number of police calls for services. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 REGULAR AGENDA: (ITEM 37)O. 37.Resolution of the Corpus Christi City Council to express opposition to legislation that would expand the statutory membership of the Port Commission of the Port of Corpus Christi Authority Mayor McComb referred to Item 37. Director of Intergovernmental Relations Tammy Embrey stated that the purpose of this item is to approve a resolution expressing opposition to legislation that would expand the stautory membership of the Port Commission of the Port of Corpus Christi Authority. A legal notice of intent to introduce a bill to the State legislature was published on January 26, 2019. There were no comments from the public. Council members discussed the following topics: a brief overview regarding San Patricio County's consideration to increase membership of the Port Commission; and discussions regarding electing the Port Commission members. Council Member Guajardo made a motion to approve the resolution, seconded by Council Member Barrera. This Resolution was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 Enactment No: 031687 Page 19City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes EXECUTIVE SESSION: (ITEM 48)U. Mayor McComb deviated from the agenda and referred to Executive Session Item 48. The Council went into executive session at 2:51 p.m. The Council returned from executive session at 4:47 p.m. 48.Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager Mayor McComb referred to Item 48 and stated that the City Council met in executive session with Slavin Management Consultants regarding the search for a new City Manager. The City Council discussed the candidates and requested additional information on several candidates. Slavin Management Consultants will work to gather the additional information by March 4, 2019, to be presented to City Council at the March 19, 2019 Council meeting. FIRST READING ORDINANCES: (ITEMS 40 - 42)P. 40.First Reading Ordinance - Easement closure for property located at 16001 El Soccorro Loop Ordinance abandoning and vacating a 7.5-foot wide by approximately 60-feet in length (449.73 sq. ft.) portion of an existing utility easement out of Lot 7, Block 26, Padre Island-Corpus Christi, Coquina Bay Subdivision, located at 16001 El Soccorro Loop. Mayor McComb referred to Item 40. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to abandon and vacate a 7.5-foot wide by approximately 600-feet in length portion of an existing utility easement for property located at 16001 El Soccorro Loop to facilitate the potential future sale of the home. A fiberglass swimming pool encroaches into the easement. There were no comments from the Council or the public. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 41.First Reading Ordinance - Appropriating reimbursement funds for the Coastal Bend Fertilizer and Pesticides Monitoring Program Ordinance to appropriate $37,048 in reimbursement funds received through the Reimbursement Contract with Coastal Bend Bays and Estuaries Program, Inc. for the Coastal Bend Fertilizer and Pesticides Page 20City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes Monitoring Program in the No. 4300 Stormwater Treatment Fund. Mayor McComb referred to Item 41. Director of Water Utilities Kevin Norton stated that the purpose of this item is to appropriate $37,048 in reimbursement funds received through a grant from the Coastal Bend Bays and Estuaries Program for the Coastal Bend Fertilizer and Pesticides Monitoring program. This item is related to Future Agenda Item 33, an interlocal agreement with Texas A&M AgriLife Extension Services for a soil testing program. The City's Stormwater team has been partnering with the Coastal Bend Bays and Estuaries Program and Texas A&M AgriLife Extension Services to improve stormwater management and protect the City's bays. The Stormwater team conducts public outreach to promote proper disposal of pesticides and fertilizer to educate citizens regarding the negative impacts to the environment and stormwater system which drains into the bays. Residental soil testing will be conducted throughout the City to determine fertilizer use and the data will contribute to future actions to protect the City's bays. Mr. Norton presented the three primary goals of the project. There were no comments from the public. Council members and staff discussed the following topics: use of the data to apply for RESTORE Act funding; and the integrity of the samples. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 42.First Reading Ordinance - Amending the Capital Improvement Budget for replacement of the current gas-powered chillers Ordinance amending the FY 2019 Capital Improvement Budget to add project E15135 Gas Department Chiller Replacement in the amount of $410,000 for replacement of the current gas powered-chillers. Mayor McComb referred to Item 42. Capital Improvement Program Manager Kamil Taras stated that the purpose of this item is to amend the FY2019 Capital Improvement Budget to add the Gas Department Chiller Replacement project. The current chillers at the Gas Department Building are non-operational. There were no comments from the public. Council members and staff discussed the following topics: that the chillers are for air conditioning and heating of the Gas Department building; if the old unit was a gas unit; that the new unit being installed is an air-cooled gas absorption chiller; the reason the item is not being presented by the Asset Management Department; the total cost of the project; a breakdown of the costs; the reason an architect/engineer design is need to replace the chiller; the company that is installing the chiller; the value of the Gas Department Building; and a cost analysis of the project. Council Member Guajardo made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on first reading and Page 21City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Nay:Council Member Hernandez1 - Abstained:0 RECESS FOR CORPORATION MEETING: (ITEM 43)Q. Mayor McComb recessed the regular Council meeting at 5:12 p.m. to hold a Special Meeting of the North Padre Island Development Corporation. 43.Special Meeting of the North Padre Island Development Corporation This Corporation Meeting was held. RECONVENE COUNCIL MEETINGR. Mayor McComb reconvened the regular Council meeting at 5:16 p.m. BRIEFINGS: (ITEMS 44 - 45)S. 45.Port of Corpus Christi Ship Channel 16” Waterline Removal and Replacement Mayor McComb referred to Item 45. Executive Director of Water Utilities Dan Grimsbo stated that the purpose of this item is to discuss the removal and replacement of the Port of Corpus Christi Ship Channel 16" waterline. Mr. Grimsbo presented the following information: the U.S. Army Corps of Engineers phasing plan for expansion of the Port of Corpus Christi Ship Channel; the project timeline; an overview of the City's proposed plans to replace and remove the water lines; the order of alignment of the 29 pipelines and their owners; the new crossing of the replacement line; and the estimated cost for removal and construction of the waterline. Utilities Major Project Engineering Gabriel Hinojosa was available to respond to council members. Council members and staff discussed the following topics: consideration for a larger water line to accommodate future growth; the proposed new alignment of the waterline; funding for the project; the net savings related to the cost for flushing the line and monitoring water quality; that the new line will loop into the City's water system; and if it is mandatory to replace the waterline. LEGISLATIVE UPDATET. Mayor McComb referred to Legislative Update. Director of Intergovernmental Relations Tammy Embrey reported on the following: SB 2 and HB 2 regarding property tax reform; school finance reform; Hurricane Harvey and disaster response issues; restoration of funding from the Texas Commission on Environment Quality (TCEQ) for air quality monitoring and emissions reduction activity; an informational hearing regarding the City's desalination project; Page 22City of Corpus Christi Printed on 2/21/2019 February 19, 2019City Council Meeting Minutes sales tax exemptions; sunset commission bills regarding the Nueces River Authority (NRA) and the Texas Windstorm Insurance Association (TWIA); clarifying the rules to promote oyster mariculture; and Coastal Bend to Austin Day. IDENTIFY COUNCIL FUTURE AGENDA ITEMSV. Mayor McComb referred to Identify Council Future Agenda Items. The following item was identified: a budget policy workshop. ADJOURNMENTW. The meeting was adjourned at 5:56 p.m. Page 23City of Corpus Christi Printed on 2/21/2019 ART & CULTURAL COMMISSION *Four (4) vacancies with terms to 9/1/2019 and 9/1/2021, representing the following categories: 1 - Marketing, 1 - Visual Arts, 1 - Economic Dev./Tourism and 1 - Performing Arts Composition Nine (9) members appointed by the Mayor subject to confirmation by the Council for three-year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (1) Marketing representative (1) Economic Development/Tourism representative; (1) Public Space/Public Art representative; (1) Youth/Education representative; (1) Performing Arts representative; (1) Visual Arts representative; (1) Architecture representative; (1) Higher Education representative; and (1) Business Development Groups/Corporate representative. The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes. Name Term Appt. date End date Appointing Authority Position Status Category Attendance *John R Borys Partial 12/19/2017 9/1/2018 Mayor with Council Confirmation Seeking reappointment Marketing 4/6 meetings 66% *Laura A Petican 1 12/8/2015 9/1/2018 Mayor with Council Confirmation Seeking reappointment Visual Arts 10/11 meetings 90% *Cathy Harrison 2 9/25/2012 9/1/2018 Mayor with Council Confirmation Met six year service limitation Economic Dev./ Tourism *Hilda Lamas 1 9/27/2016 9/1/2019 Mayor with Council Confirmation Exceeded number of absences allowed by ordinance Performing Arts Sharon Sedwick 1 9/27/2016 9/1/2019 Mayor with Council Confirmation Active Business Dev. Groups/Corporate Rep. Ms Mayra V Zamora Partial 4/10/2018 9/1/2019 Mayor with Council Confirmation Active Public Art/ Public Space Sarah E Coles 1 12/8/2015 9/1/2020 Mayor with Council Confirmation Chair Active Youth/Education Nicholas P Gignac 1 12/19/2017 9/1/2020 Mayor with Council Confirmation Active Architecture Carolyn M Mauck 1 12/19/2017 9/1/2020 Mayor with Council Confirmation Active Higher Education ART & CULTURAL COMMISSION Applications Name District Category Sheridan A Benning District 4 Visual Arts & Marketing Oscar E Dodier District 2 Performing Arts Wallace W Echols jr District 4 Marketing Jody Perkes Hughes District 2 Regular Member Vida Alvarez Mason District 4 , Regular Member Jennifer Mitchell Vulpi District 1 Performing Arts James Moore 1 District 5 Performing Arts & Marketing Jason Page District 4 Visual Arts & Marketing Abu N M Waheeduzzaman District 5 Economic Development/Tourism & Marketing Marlena L Asocar Wilson District 4 Regular Member Emily C Zertuche District 5 Economic Development/Tourism, Visual Arts, Marketing & Performing Arts CITY OF CORPUS CHRISTI Submit Date: Feb 03, 2018 Application for a City Board, Commission, Committee or Corporation Profile Sheridan A Benning First Name Middle Initial Last Name Email Address 421 Claremore Street Address Corpus Christi City What district do you live in? * 17 District 4 Current resident of the city? 6° Yes r No 20 If yes, how many years? Home: (361) 510-9119 Primary Phone Home: (361) 510-9119 Alternate Phone Sheridan Outfitters DBA The Sharp Shooter Partner Employer Job Title 5515 S Staples Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78411 Work Address - Zip Code 3619801190 Work Phone Austin.benning@thesharpshooter.com Work E-mail address TX 78412 State Postal Code Sheridan A Benning Pane 1 of 5 Preferred Mailing Address 17 Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted BUILDING STANDARDS 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) Some College still sparaticly attending TAMUCC. Managed my family's business inside Corpus Christi since I was 17. Lots of business and social media marketing experience. Why are you interested in serving on a City board, commission or committee? I want to get more involved in city politics. I love this city and want it to be the best it can. I've lived here the majority of my life and have seen great projects get passed on and not so great of projects get approved. Demographics Gender 17 Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes c' No Do you, your spouse, your business or your spouse's business have a City contract? r Yes c No Sheridan A Benning Pane 2 of 5 Does your employer or your spouse's employer have a City contract? ✓ Yes 0 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 0 No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes c' No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION The Arts & Cultural Commission must include representatives from certain categories. Do you qualify for any of the following categories? 17 Visual Arts (painting, sculpture, arts media) 17 Marketing IJJ Business Development Groups / Corporate Representative Question applies to BUILDING STANDARDS BOARD The Building Standards Board must include representatives from certain categories. Do you qualify for any of the following categories? 17 None of the above Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? ✓ Yes r No Sheridan A Renninn Pane 3 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. fJ I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. p' I Agree Sheridan A Renninn Pane 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. rJ 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 Sheridan A Benning Pane 5 of S CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Mar 27, 2018 Profile Mr Oscar Prefix First Name Email Address 130 Watson Street Street Address Corpus Christi City What district do you live in? * 17 District 2 Current resident of the city? r Yes r No 35 If yes, how many years? Mobile: (361) 793-2461 Primary Phone Primera lglesia Bautista Employer 1509 Tarlton St. Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78415 Work Address - Zip Code 361-884-3582 Work Phone pibcc@sbcglobal.net Work E-mail address Dodier Middle Initial Last Name Home: (361) 883-2733 Alternate Phone Business/Administrative Assistant Job Title TX State 78415 Postal Code Mr Oscar E Dndier Pane 1 of 5 Preferred Mailing Address 17 Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not serve on any other City boards. Education, Professional and/or Community Activity (Present) Bachelors of Arts in Psychology Classically trained violinist. Studied at Del Mar College, Texas Tech University & TAMUCC. Why are you interested in serving on a City board, commission or committee? I am a violinist with the Corpus Christi Symphony, Victoria Symphony, Kingsville Symphony and I am concertmaster with a new group in South Texas called Symphony Viva & Chorus. I want to see the arts further promoted, be more accessible and even more well supported in our Great City. At Primera Iglesia Bautista, the church were I am employed; I have labored to maintain and expand our budget, undertaken capital finance initiatives for long range planning, as well and strategic planning for the church; all of which could be useful experiences in supporting the arts in Corpus Christi. I am also a very flexible person willing to undertake thoughtful discussion and compromise, when needed, to manage/balance the vision of arts organizations and their budgetary parameters. 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? r Yes No Mr Oscar F Dodier Pane 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? rYes 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. -NA- 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? p Performing Arts (music, dance, drama, film) Mr Oscar F_ [Wier Pane 2 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 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. 1' I Agree Mr Oscar E Dodipr Pane 4 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Mr Oscar F Dndier Pane 5 of 5 OSCAR E. DODIER 130 WATSON ST., CORPUS CHRISTI, TEXAS 78415-4334 361-793-2461 .1.11111111111101161, 08/2000--05/2002--Corpus Christi Symphony Orchestra -- Substitute 2nd Violinist Maestro Cornelius Eberhardt, Maestro Richard Rosenberg, 2012 -- Present Corpus Christi Symphony Orchestra -- Contracted 1st & 2nd Violinist, with Maestro Hector Guzman. Maestro John Giordano, Guest Pops Conductor Andres Franco, Guest Pops Conductor Maestro Brendan Townsend May 2001 50th Annual Del Mar College Honors Competition Winner 09/2003--04/2004 --Lubbock Symphony Orchestra — Contracted 2nd Violinist with Maestro Andrews Sill 08/2004--04/2006 --Valley Symphony Orchestra —Contracted 1St Violinist with Dr. Peter Dabrowski (and 2017 Season). 08/2004--03/2005 --Laredo Philharmonic — Substitute 2nd Violinist --with Maestro Brendan Townsend 08/2007- Present Kingsville Symphony Orchestra —Assistant Concertmaster and Founding Member with conductor, Dr. Veronica Salinas 08/2006 -PresentCorpus Christi Chamber Orchestra—Concertmaster & Soloist and Founding Member with Director, R. Todd Ehle at Del Mar College 2012- Present Del Mar College Master Chorus -- Orchestral 1st Violinist -- Concertmaster with conductor Dennis S. Richardson 2012 -Present Corpus Christi Chorale-- Orchestral 2nd Violinist with conductor Dr. Ross C. Bernhard and with conductor Mrs. Arlene Long at Texas A & M University Corpus Christi 2012- Present Corpus Christi Cathedral Concert Series— Contracted Pt Violinist with Maestro Lee Gwozdz and Dr. Guadalupe Rivera 2014- Present Texas A&M University Kingsville Chamber Orchestra —Assistant Concertmaster with Dr. Veronica Salinas, I have served as acting concertmaster on previous pops performances. 2002 -Present The Adagio String Quartet-- Violinist/Contract Negotiation/Personnel Manager/ Music Librarian/ Website Developer/Music Services Promotion 10/2015- PresentVictoria Symphony Orchestra-- Contracted 1st Violinist - with Maestro Darryl One. I have served as acting associate concertmaster on select previous performances 2016 season. 03/06/2016 First United Methodist Church -Corpus Christi --Faure Requiem "Sanctus" Soloist/Section Violinist 12/15-18/2016 Corpus Christi Ballet Orchestra — Substitute 1" Violinist- Tchaikovsky's Nutcracker 2016 05/2017- Present Symphony Viva: A San Antonio Repertory Orchestra—with Maestro Richard Castillo. I am currently serving as Concertmaster and founding member. Private Violin Studies — Oscar has studied with R. Todd Ehle at Del Mar College, with Dr. John Gilbert at Texas Tech University, and with Dr. Jose G. Flores at Texas A & M University Corpus Christi. Chamber Music Coaching Oscar has received chamber music coaching from Dr. William Westney at Texas Tech University, Dr. Setareh "Seti" Beheshti formerly of Texas Tech University, Ms. Susan Sturman at Del Mar College, Ms. Mary Mayhew formerly of Del Mar College and Mr. Ben Jenkins formerly of Trinity University as well as coaching with Dr. Elizabeth Adkins, former assistant concertmaster of the National Symphony Orchestra & currently Corpus Christi Symphony Orchestra Concertmaster. PRIMERA IGLESIA BAUTISTA, Corpus Christi, Texas 2011- Present Business/Finance/Human Resources Administrator Primera Iglesia Bautista, is 501 C(3) nonprofit religious organization, with over 20 employees and is a Southern Baptist Church. Primera Iglesia Bautista was founded on June 28`", 1911 and has a long local, regional and state history with a vibrant membership working to better our South Texas community for many years to come. Oscar is a results -driven administrator with five years of progressive nonprofit, education and private business experience leading with impactful programming, strong financial management skills, long range strategic planning skills, as well as budgetary and human resource management skills. Oscar provides meticulous attention to detail with strong planning, organization and problem solving skills as well as the ability to establish goals and attain results. Oscar has a proven track record of successfully managing simultaneous, multi - organizational deadlines. CORE COMPETENCIES Operations Management • Community Engagement • Program Development & Evaluation• Public Speaking • Strategic Planning/Plan Formation • Staff Training & Development • Fiscal Management Policy & Procedure Development • Event Management • Vendor Selection & Management • Contract Negotiation • Facilities Management/Improvement Planning Accounts Payable & Receivable • Volunteer Management. Grant Writing & Evaluation • Financial & Tax Management • Payroll • Contribution Tracking and Reporting • Nonprofit Organization Status Maintenance CITY OF CORPUS CHRISTI Submit Date: Jul 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile Wallace First Name wade.echols@himarina.com Email Address 237 Clearview Drive Street Address Corpus Christi City What district do you live in? * l'J District 4 Current resident of the city? 0' Yes r No 10 If yes, how many years? Home: (361) 446-2381 Primary Phone Holiday Inn Corpus Christi Airport / Hotel Equities Employer 5549 Leopard St Work Address Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78408 Work Address - Zip Code 3612894119 Work Phone wade.echols@himarina.com Work E-mail address W Echols Middle Initial Last Name Business: (361) 289-4119 Alternate Phone Director of Salesand Marketing Job Title jr Suffix TX 78418 State Postal Code Wallace W Echols it Pane 1 of S Preferred Mailing Address 17 Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted ARTS & CULTURAL COMMISSION: Submitted ETHICS COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: not at this time Education, Professional and/or Community Activity (Present) 1998 - 1999 Spartan School of Aeronautics Tulsa, Ok 2005 Short Course at Conrad Hilton Hotel Houston, TX 2003-2005 2006 - 2008 Del Mar College Hospitality Program Corpus Christi, TX PROFESSIONAL MEMBERSHIPS / AWARDS 2006-2007 Webmaster for the Coastal Bend Hotel Sales and Marketing Association 2005-2006 Secretary of the Coastal Bend Hotel Sales and Marketing Association Past member of Corpus Christi Chamber of Commerce Past member of the year Corpus Christi Hispanic Chamber of Commerce 2007 Member of the year, Coastal Bend Hotel Sales and Marketing Association 2009 Texas Western Sales Manager of the Year, South Texas Region 2001 -Present Greater Corpus Christi Hotel and Motel Association Why are you interested in serving on a City board, commission or committee? Demographics Gender 17 Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes P No Do you, your spouse, your business or your spouse's business have a City contract? r Yes 6 No Wallace W Echols it Pane 2 of 5 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 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 ARTS & CULTURAL COMMISSION The Arts & Cultural Commission must include representatives from certain categories. Do you qualify for any of the following categories? Marketing Wallace W Echols it Pane 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? P Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume 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 Wallace W Echols it Pane 4 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Wallace W Echols it Pane 5 of 5 CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: May 03, 2018 Profile Mrs. Jody Prefix First Name Email Address 4350 Ocean Dr. Street Address Corpus Christi City What district do you live in? * I'J District 2 Current resident of the city? Yes r No 2 1/2 If yes, how many years? Home: (956) 371-0711 Primary Phone Retired Teacher Retirement Services (TRS) Employer 1000 Red River Street Work Address - Street Address and Suite Number Austin Work Address - City Texas Work Address - State 78701 Work Address - Zip Code (956) 371-0711 Work Phone Work E-mail address Perkes Hughes Middle Initial Last Name Home: (956) 371-0711 Alternate Phone Educational Diagnostician Job Title #201 Suite or Apt TX State 78412 Postal Code Mrs. Jndv Perkes Hushes Pane 1 of S Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted PARKS AND RECREATION 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: PALS for City of Corpus Christi Education, Professional and/or Community Activity (Present) M. ED. UT RGV Bachelors UT Edinburg Why are you interested in serving on a City board, commission or committee? I am very much interested in serving on Parks for Corpus Christi. I chaired the Parks, Recreation & Beautification Committee for South Padre Island for 5 years. 2010-2015 and served on that committee for 7 years. I have ought of the box ideas and suggestions! I have also chaired the Ribbon Cutting Committee (Islanders) for South Padre Island Chamber of Commerce from 2010-2015 when we moved to Corpus. Demographics Gender 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 No Do you, your spouse, your business or your spouse's business have a City contract? r Yes c' No Mrs_ .loriv Perkes Hunhes Pane 2 of S Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. No Conflict of Interest 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? p Public Art / Public Space 17 Youth / Education 17 Higher Education Mrs..lodv Perkes Hunhes Pane 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. ►7 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 Mrs. Jody Perkes Hunhes Pane 4 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. r' I Agree Mrs. Jndv Perkes Hushes Pane 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Aug 11, 2018 Application for a City Board, Commission, Committee or Corporation Profile Vida Alvarez Mason First Name Last Name vmason@islander.tamucc.edu Email Address 709 Saint Agatha Drive Street Address Corpus Christi -----..-.___-------- City What district do you live in? * 17 District 4 Current resident of the city? r 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 17 Home/Primary Address Home: (361) 462-5821 Alternate Phone TX State 78418 Postal Code Vida Alvarez Mason Pane 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? 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) 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 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 No Vida Alvarez Mason Pane 2 of S Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r No Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION The Arts & Cultural Commission must include representatives from certain categories. Do you qualify for any of the following categories? 17 Higher Education Question applies to MARINA ADVISORY COMMITTEE The Marina Advisory Committee must include representatives from certain categories. Do you qualify for any of the following categories? * 17 None of the above Vida Alvarez Mason Pane 2 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? * f7 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. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 I Agree Vida Alvarez Mason Pane 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. p 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 Vida Alvarez Mason Page S of S VIDA ALVAREZ-MASON 709 Saint Agatha Drive I Corpus Christi, TX 78418 I (361) 510-7699 I vmason@islander.tamucc.edu EDUCATION Bachelor of Business Administration in Management Texas A&M University — Corpus Christi (December 2018) GPA: 3.5 EXPERIENCE Sales Assistant/Social Media Manager, Julian Gold Inc. November '17 — March '18 Corpus Christi, TX • Assisted department manager in sales and promotions of a diverse range of clothing, shoes, accessories, and beauty care products through social media platforms • Completed typical administrative tasks which involved answering phones, filing documents, taking memos, mail promotions, and organizing merchandise for shipment • Provided exceptional customer service to increase company growth and revenue through sales maximization • Creatively set up physical displays of merchandise to attract potential customers Seasonal Bookseller, Barnes & Noble College Corpus Christi, TX • Typical daily activities included cashiering, stocking, maintain inventory, and delivering customer service. December '15 — January '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: Feb 21, 2018 Profile Jennifer First Name Email Address 11613 Hondo Creek Dr. Street Address Mitchell Vulpi Last Name Corpus Christi TX City What district do you live in? * 17 District 1 Current resident of the city? r Yes r No 4 years If yes, how many years? Mobile: (336) 314-1624 Mobile: (336) 314-1624 Primary Phone Alternate Phone Retired Retired Employer Job Title 11613 Hondo Creek Dr. Work Address - Street Address and Suite Number Corpus Christi, Work Address - City Texas Work Address - State 78410 Work Address - Zip Code 336-314-1624 Work Phone ork E-mail address 78410 State Postal Code Jennifer Mitchell Vulni Pane 1 of 5 Preferred Mailing Address I•J Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: 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) BA, Sam Houston State University, MFA, University of North Carolina in Greensboro, NC University dance instructor, University of Bridgeport, Connecticut, University of Houston, Southwest Texas State University, UNCG Why are you interested in serving on a City board, commission or committee? To become more familiar with the city and its various artistic offerings. To be a part of Corpus arts community and to learn how the arts are funded. Demographics Gender IJJ 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 Jennifer Mitchell Vulni Pane 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 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 r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. I haven't answered "yes" to any of these questions. 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? p Public Art / Public Space p Performing Arts (music, dance, drama, film) Jennifer Mitchell Vulni Pane 3 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 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 .7ennifer Mitchell Vulni Pane 4 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. rJ I Agree Jennifer Mitchell Vulni Pane 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Sep 09, 2018 Application for a City Board, Commission, Committee or Corporation Profile James First Name Email Address 5450 Whitemarsh Drive Street Address Corpus Christi City What district do you live in? * l -J District 5 Current resident of the city? r Yes r No 1 If yes, how many years? Mobile: (347) 834-6737 Primary Phone Moore Last Name Business: (361) 825-278.7 Alternate Phone Texas A&M University -Corpus Christi Director, Performing Arts Center Employer Job Title 6300 Ocean Drive, Unit 5723 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78412 Work Address - Zip Code 825-2787 Work Phone james.moore@tamucc.edu Work E-mail address TX State 78413 Postal Code .lames Mere Pane 1 of 5 Preferred Mailing Address I"J Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) See attached resume. Why are you interested in serving on a City board, commission or committee? As a new resident of Corpus Christi, I feel it's important to give back to the community where I live. The best way for me to do that and to provide as great an impact as possible, is to lend my professional experience in the performing arts field by serving the Arts and Cultural Commission. As a former performer and with a successful career as an arts administrator, I believe I can work with artists as well as serving the needs of the city. Also, as a new resident, I believe I can offer a fresh set of "eyes" and views to help the city with it's continued artistic and cultural growth. I've quickly gained a fondness for Corpus Christi and want to help as best I can. 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? r Yes r No James Moore Pane 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 ' 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 r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. TAMU-CC has received and will continue to apply for, arts grants from the City of Corpus Christi. I would remove myself from reviewing any grant considerations submitted by TAMU-CC moving forward. 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? I Public Art / Public Space I Higher Education I Marketing 17 Performing Arts (music, dance, drama, film) James Moore Pane 3 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. p I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 I Agree James Moore Pane 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. 1J 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 .lames Moore Pane 5 of 5 James C. Moore 5450 Whitemarsh Drive Corpus Christi, TX 78413 (347) 834-6737 viNNWIIININWMassow ARTS EXECUTIVE Successful administrative, leadership, team -building, communication, programming, fundraising and project management skills. Development of operational plans, budgets, fundraising efforts and enhancement of facilities and technology. Texas A&M University — Corpus Christi February 2018 - present Director, Performing Arts Center Responsible for leading 1350 seat capacity concert hall in all aspects of operations. Programming, audience development, marketing, facilities operations and capital projects. Created first mission statement for center as well as expanding Bravo! Series performances in first year from three to five. Collaborating with Museum of South Texas on co -presenting regularly scheduled performances throughout 2018-19 season. Managing maintenance and improvements of building, including roof replacement, electrical capacity enhancement, water drainage and floor replacement. Westminster Choir College of Rider University January 2006 — December 2017 Founded in 1926 and merged with Rider University in 1992, Westminster Choir College offers advanced degrees in music with a vocal emphasis. Additionally, ensembles of Westminster have performed and recorded with virtually every renowned orchestra of the past 90 years, earning GRAMMY nominations and critical praise. Recent seasons have included performances under the direction of Sir Simon Rattle, Gustavo Dudamel and Yannick Nezet-Seguin at Carnegie Hall and Lincoln Center. Director, Performance Management • Senior team member responsible for creation/planning of new $8.5 million building opened Fall 2014 • Strategic collaborative fundraising initiatives with university Advancement team leading to successful outcomes including $1,000,000 gift in support of touring and foundation grants for new creative initiatives • PBS Great Performances/Andrea Bocelli Central Park Concert • $1.8 million Playhouse renovation project planning Lead department responsible for all performances and collaborations on and off site which have included PBS Great Performances and United Nations Day Celebration. Oversee calendar and planning for academic and performance season needs of ensembles in a collaborative environment. Develop and monitor budgets for department and ensembles. Department consistently exceeds revenue goals in ticket sales and rental income. Develop relationships with and negotiate, orchestral performance contracts including New York Philharmonic, Philadelphia Orchestra and with presenting organizations Carnegie Hall and Lincoln Center, including educational/community programming. Work with Continuing Education and Conservatory on planning and execution of classes and events for Princeton area community members. Plan and supervise special events including commencement and high visibility donor events. Initiated successful development of fundraising/sponsorship opportunities with area merchants and donors, as well as successful foundation and government fundraising initiatives. In conjunction with External Affairs, Advancement and Alumni departments, plan and execute events, programs and tours of performing ensembles all in a variety of facilities on and off campus. Conceptualize and produce recording projects for ensembles. Develop strategic and operational plans for Westminster College of the Arts. Implemented electronic ticketing system for enhanced accounting and data gathering. Work with architectural and acoustical firms as well as university facilities department in development of facilities enhancements and architectural planning for campus, 2 including new building opened fall 2014. Supervise staff including production and box office personnel. Lead and/or serve on several committees with faculty, staff and students as well as working with student government bodies on initiatives and program planning. Committees include Calendar and as part of institutional strategic planning, External Affairs and Recitals. Carnegie Hall New York, NY March 2000 -December 2005 Performance Manager • Operational planning for new performance hall • Personnel evaluation/hiring recommendations • Carnegie Hall Opening Night performances Management of concerts and events in three auditoriums and ancillary event spaces, including 2800 seating capacity Stern Auditorium. Events included PBS tapings and CBS Television up -fronts. Supervised and evaluated 60 -person unionized usher staff. Oversight of budget, payroll and purchasing for usher staff. Liaised with public, IATSE stagehands, security and engineering staff regarding operational needs of house and problem -solved challenges that arose. Planned with other departments the technical and marketing needs of in-house productions as well as needs of outside presenters. Part of management team tasked with union negotiations and development of operational plans for opening of Zankel Hall. Lawrence A. Wien Center for Dance & Theatre New York, NY September 1996 -February 2000 Owned by American Ballet Theatre and Ballet Tech, The Lawrence A. Wien Center is a short and long- term leased building dedicated to the creation of Broadway shows and other performing arts productions. 130,000 square feet of open loft spaces, tenants have included Barbara Matera Costumes, Woody Shelp Milliner, Performing Arts Physical Therapy, AMC Movie Theaters and New York City Public Schools. Facilities Manager Management of rehearsal and permanent tenancy building jointly owned by American Ballet Theatre and Ballet Tech. Budgeted and completed accurate payroll for union building staff. Negotiated leases with tenants and managed oversight of short-term rentals program. Supervised maintenance and capital projects of building. Created grants and applications for non-profit umbrella of organization for reduced rental rate program. Responsible for safety and comfort of onsite New York City public school students enrolled in dance program. Reduced vendor costs to building by 25 percent. The Eglevsky Ballet Long Island, NY Seasonal 1990-1995 Company Manager Coordinated all aspects of production related to 10-30 member dance company. Budgets, travel/tour logistics, payroll. Assisted with publicity, programs and casting. Primary liaison between company members and other management staff. 3 EDUCATION/SKILLS/PROFESSIONAL AFFILIATIONS • Bachelor of Arts, University of Iowa; Political Science major • Computer skills including Microsoft Suite, Artifax, Pass2 Ticketing, 25 Live, MailChimp, SeatAdvisor, internet research • Member — Association of Performing Arts Presenters and International Association of Venue Management • Freelance Chorus Manager, Philadelphia Orchestra Symphonic Choir PERSONAL • Recipient of class "influencer" award, Westminster Choir College Class of 2015 Scholarship Award • Accomplished professional dancer with ballet and modern dance companies • East Coast student recruiter for University of Iowa, leading to successful enrollment outcomes CITY OF CORPUS CHRISTI Submit Date: Sep 21, 2018 Application for a City Board, Commission, Committee or Corporation Profile Jason First Name "twommeillIMINIOWIft Email Address 3515 Floyd Street Street Address Corpus Christi City What district do you live in? * l District 4 Current resident of the city? r Yes r No 34 If yes, how many years? Page Last Name Mobile: (361) 688-6601 Business: (361) 589-9050 Primary Phone Alternate Phone Self Employed Photographer Owner / Principal Employer Job Title 715 S Tancahua Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78401 Work Address - Zip Code 3615899050 Work Phone Work E-mail address TX State 78411 Postal Code Jason Pane Pane 1 of 5 Preferred Mailing Address 17 Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted CIVIL SERVICE BOARD: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted PLANNING COMMISSION: Submitted Interests & Experiences Are you a registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any other board, commission, or committee. Education, Professional and/or Community Activity (Present) Currently involved with the American Advertising Federation, Affiliate with the Corpus Christi Association of Realtors, Why are you interested in serving on a City board, commission or committee? I am a fourth generation Corpus Christian raising a fifth generation and want to be able to be more involved in making Corpus Christi a better place for everyone. Upload a Resume Demographics Gender 17 Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes c No Jason Pane Pare 2 of S Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r No Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION The Arts & Cultural Commission must include representatives from certain categories. Do you qualify for any of the following categories? fJ Visual Arts (painting, sculpture, arts media) 17 Marketing Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided in the City for at least 3 years? ✓ Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? ✓ Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? ✓ Yes r No .lasnn Pane Pane 2 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? * 17 Restaurant Industry Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? P 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. p I Agree Jason Pane Pane 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. ri I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. p I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Jason Pane Pane S of S JASON PAGE 715 S. Tancahua Corpus Christi, Texas 78401 I 361-589-9050 I http://jasondavidpage.com SUMMARY Freelance photographer with experience in digital and film, as well as medium format photography. Available 24 hours a day. Specialty equipment can typically be ordered in overnight for time critical projects. Currently searching for architects, commercial builders, industrial builders and Realtors who are interested in upping their marketing game with quality photography Experienced: Photojournalism, Events, Weddings, Portraiture, Corporate Identity & Headshots, Real Estate, Product & Food, Commercial Promotional EXPERIENCE JASON PAGE FREELANCE PHOTOGRAPHER 03 / 2010 - Present Owner, Principal I am the principal photographer and am responsible for the day-to-day operations as well as marketing and customer satisfaction. I have built up one of the best-known names for wedding photography in the South Texas area, and pride myself on handmade images, limited bookings and one-on-one client contact. I also have become the leader in Real Estate photographer for several local agencies and top agents in the Corpus Christi metro area, and provide these agents with superb images to help market their listings more effectively, while reducing the initial listing workload. HOEGEMEYER'S BARBEQUE BARN 01 / 2013 - Present Business Development Responsible for the ongoing acquisition and cultivation of new customers and ongoing clients. Created long range forecasts based on current and past sales data and targeted marketing efforts to help secure these goals. Used multiple paths of marketing to brand business as a destination for barbeque in the Coastal Bend. SOUTHERN TECHNICAL CONTROL 03 / 2012 - Present Inventory & Production Management Consultant I currently consult with the company management regarding their Inventory and Production. Inventory Management - I have developed a best practices workflow and worked with the employees responsible for purchasing and inventory to better their skills at tracking inventory as it is ordered, entered into their system, and sent out. I have also worked on streamlining their accounting system to remove duplicate inventory items and create items that didn't exist. Production Management - I have worked with the management to implement a series of methods for tracking production, both in the product manufacturing and field service aspects of the business. I have implemented various in-house databases to help the company keep track of their current and past production SOUTHERN TECHNICAL CONTROL 10 / 2008 - 03 / 2010 Purchasing Manager Handled inventory levels, bought and sold obsolete and used parts, part repairs, sourced parts for 20+ field service personnel, billed parts used on various projects as well as estimated parts to be used on projects. NUECES STONE QUARRY 10/ 2006 - 01/ 2008 Manager Managed all aspects of the business including inventory, product sourcing, commercial and residential accounts, employees and bookkeeping. EDUCATION TEXAS A&M UNIVERSITY -CORPUS CHRISTI 2002 - 2006 None , GIS / Geomatics GIS / Geomatics Club Research Assistant on Aerial Imaging System RICHARD KING HIGH SCHOOL High School Diploma German Club Student Council Senior Council Academic Decathlon CISCO / CCNA Training HONORS Eagle Scout Award CERTIFICATIONS OFFSHORE WATER SURVIVAL HUET Faick Safety Services (US) SAFELANDUSA PEC Safety • License: PEC100474939 SAFEGULF PEC Safety • License: PEC100474939 1998 - 2002 02/2014 02/2014 02/ 2014 TWIC 12/ 2015 - 12/ 2020 Transportation Security Administration (TSA) • German • English LANGUAGES PUBLICATIONS THE BEND MAGAZINE Gemstone Media, LLC / Jordan Regas Authors: Jason 06/ 2014 Page • http://issuu.com/thebendmag/docs/tb_06_14_online/5?e=11308897/8089670 This was a very last minute shoot that I couldn't refuse. When else can I invite Roger Creager to visit our family's barbeque place AND get to photograph him with his dad? I said yes immediately! We photographed Roger and his dad enjoying an ice cold beer and having a good of time. Then we got a few posed and natural / candid shots of the two of them against some 200 year old doors and a 60 year old hut with the Texas flag painted on the side. THE ONE BRIDE GUIDE 06/ 2014 McCleod Creative Authors: Jason Page • http://www.theonebrideguide.com/magazine/Vo17_Issue2/TheOne_Vol7Issue2 Finai_web.pdf I had the pleasure of coming up with a session with one of my brides to help tie in The Ones issue theme, "A Pop of Color". I wanted to literally bring that pop to the cover by including brightly colored, 24" balloons. Natural makeup was provided by Kayla Alvarez and hair was done by Shear Illusions. ZOMBSHELLS!!! 2013 ZOMBIE CALENDAR 10/2012 Self Published • Authors: Jason Page • http://photos.jasondavidpage.com/zombshells This collaborative effort features eleven zombie models and even includes a centerfold. Photography, Design & Layout by Jason Page, Makeup & Hairstyling by Ashle Riff, Lead Model Amanda Ramirez (aka Mandi Mayhem). Each calendar is 9x12 printed on glossy paper and includes a single hang -hole. SOUTH TEXAS WEDDINGS MAGAZINE 07/ 2011 STWM - July 2011 • Authors: Jason Page, Joanne Klein For this issue of the South Texas Weddings Magazine, I performed the issues multipage layout and creative design. I also was responsible for the cover photography. - CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Aug 09, 2018 Profile Dr Prefix Email Address Abu First Name 7613 Loire Boulevard Street Address Corpus Christi City What district do you live in? * l•J District 5 Current resident of the city? r Yes r No 18 If yes, how many years? Mobile: (361) 876-1655 Primary Phone NM Middle Initial Home: (361) 980-1587 Alternate Phone Waheeduzzaman Last Name Texas A&M University Corpus Professor of Marketing and Christi International Business Employer Job Title 6300 Ocean Drive Work Address - Street Address and Suite Number College of Business Work Address - City TX Work Address - State 78412 Work Address - Zip Code waheed@tamucc.edu Work E-mail address Preferred Mailing Address �J Home/Primary Address TX State 78414 Postal Code Dr AN] N M Waheeduzzaman Pane 1 of 5 Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted SISTER CITY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? ✓ Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. I do not. Education, Professional and/or Community Activity (Present) I am a Professor of Marketing and International Business at Texas A&M University Corpus Christi. I joined this university 18 years ago in 2000. Ever since then we are living in this city. I was appointed by the Mayor and served in the Library Board, 2002-08 (six years). It was great experience. A good number of Library expansion took during that period (e.g., Flour Bluff, Kaffie, and Parkdale). Why are you interested in serving on a City board, commission or committee? This is a community where we live. It would be my pleasure serve the city/community, a voluntary and social service that I can feel good about. 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? ✓ Yes c• No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes c' No Dr AN] N M Waheeduzzaman Pane 2 of 5 Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r No 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) 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? • Higher Education • Economic Development / Tourism • Marketing Dr Ahu N M Waheeduzzaman Pane 3 of S 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? * p Higher Education Institution 17 Arts/Cultural Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 I Agree Dr Atm N M Waheedu77aman Pane 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. p7 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 Dr AN] N M Waheeduzzaman Pane 5 of 5 Vita Summary Abu N. M. Waheeduzzaman, Ph.D. Email: waheed@tamucc.edu Telephone: 361 825 6014 My Statement I am an academic engaged in a lifelong learning process. I believe that every time I teach a student, publish a paper, make a professional presentation, or consult a company, I am making a marginal contribution to the society. Employment Professor of Marketing and International Business in the College of Business, Texas A&M University Corpus Christi since 2000. Previously taught at Salisbury State University (Maryland), University of New Haven (Connecticut), North South University (Bangladesh), and Institute of Business Administration (IBA), Dhaka University (Bangladesh). Education Research Interest Editorship Ph.D. in Business Administration from Kent State University, Ohio. Have two MBAs, one in International Business from George Washington University, Washington, D.C. and the other in Marketing from Institute of Business Administration, Dhaka University, Bangladesh. Marketing and International Business. Special topics of interest include international competitiveness, emerging markets, convergence, nation marketing and globalization. Associate Editor, Journal of Competitiveness Studies. Also served as Associate Editor, Competitiveness Review. Member of editorial boards of various journals in international/marketing area. Publications Publications appeared in Competitiveness Review, Journal of Global Marketing, Journal of Euromarketing, Journal of Global Business, Journal of Transnational Management Development, Midwestern Journal of Business and Economics, Journal of Management Business and Economics, and Proceedings of the American Marketing Association. Distinctions Senior Fellow, American Society for Competitiveness. University Excellence Award in Research at Texas A&M University Corpus Christi. Excellence Award in Teaching at Texas A&M University Corpus Christi and University of New Haven, Connecticut. Outstanding Faculty Award in International Education and University Excellence Award in Service, Texas A&M University Corpus Christi. Social Service Award, American Society for Competitiveness. Honor Societies Beta Gamma Sigma (George Washington University), Phi Beta Delta (Kent State University), Alpha Mu Alpha (American Marketing Association) and Sigma Beta Delta (University of New Haven). Membership American Marketing Association (AMA), Academy of International Business (AIB), American Society for Competitiveness (ASC), International Management Development Association (IMDA), National Geographic Society, American Association of University Professors (AAUP), American Association for Retired Persons (AARP), and Institute of Management Consultants Bangladesh, MBA Club Ltd., Dhaka, and Institute of Business Administration Alumni Association, Dhaka, Bangladesh. Personal Enjoy traveling. Traveled to over 20 countries of the world. 1 EDUCATION AND ACADEMIC POSITION Education Ph.D. Kent State University, Ohio 1994 Major: Marketing, Minor: International Business Advisor: Dr. John K. Ryans, Jr., Bridgestone Professor Emeritus of International Business and Marketing at Kent State University. AIB Fellow. Thesis: Dimensions of International Competitiveness of Nations: An American Managers' Perspective MBA George Washington University, Washington, D. C. 1988 Major: International Business Advisor: Dr. Phillip D. Grub, Emeritus Professor of International Business at The George Washington University. AIB President and Fellow. MBA Dhaka University, Dhaka, Bangladesh. 1979 Major: Marketing BA Dhaka University, Dhaka, Bangladesh 1976 Majors: Economics, Sociology, and Political Science Academic Positions Professor of Marketing and International Business, Texas A&M University—Corpus Christi, Texas, 2006- till date. Tenured. Associate Professor of Marketing and International Business, Texas A&M University—Corpus Christi, Texas, 2000 —2006. Visiting Associate Professor of Marketing, Salisbury State University, Maryland, 1999-2000. Associate Professor, Head of Graduate Program and Director, MBA Program, North South University, Dhaka, Bangladesh, 1997-99. Assistant Professor, School of Business, University of New Haven, Connecticut, 1993-1997. Assistant Professor (1984-86) and Lecturer (1980-83), Institute of Business Administration, University of Dhaka, Bangladesh. Also taught as instructor at Kent State University (1988-92) and University of Toledo (1992-93) while pursuing doctoral studies at Kent State University. 2 Business Position Systems Sales/Marketing Representative at NCR Corporation, U.S.-based computer multinational. Duties included marketing of NCR systems/products. 1979-80. RESEARCH AND PUBLICATION Research Interest Broadly in Marketing and International Business; topics of interest include international competitiveness, emerging markets, consumption convergence and globalization. Research in Progress Waheeduzzaman, Abu N. M. (2018), "Can a Nobel Prize Save Marketing?" Expected completion: 2018. Waheeduzzaman, A. N. M. (2018), "Do global peace and higher education contribute to the competitiveness of a nation?" Annual Conference of the American Society for Competitiveness, Washington, D.C., October. Expected completion: 2018. Waheeduzzaman, Abu N. M. (2019), "Does Good Governance Enhance National Competitiveness?" Expected completion: 2019. Waheeduzzaman, Abu N. M. (2019), Enhancing National Competitiveness -A Marketing Strategy Approach. I have written four chapters of the book. Expected completion: 2019. Publication in Refereed Journals Waheeduzzaman, Abu N. M. and Elwin Myers (2018), "Effect of Good Governance and Democracy on National Income: Does Trade or Investment Offer Any Mediating Influence?" Journal of Competitiveness Studies. Forthcoming. Waheeduzzaman, Abu N. M. (2017), "Effect of Economic Integration on Consumption." Journal of Euromarketing, 26, 4-16. Waheeduzzaman, Abu N. M. (2016), "Consumption Convergence between Emerging and Developed Markets," Journal of Euromarketing, 25 (3-4), 74-94. Waheeduzzaman, A. N. M. (2016), "Exploring the influence of globalization and democracy/freedom on emerging markets trade," Journal of Competitiveness Studies, 24 (4). Waheeduzzaman, A. N. M. (2015), "Do Globalization and Income Affect Consumption through Quality of Life? An Exploration in Emerging Markets," Journal of Euromarketing, 24 (4), 224- 240. 3 Waheeduzzaman, A. N. M. (2011), "Are Emerging Markets Catching Up With the Developed Markets in Terms of Consumption," Journal of Global Marketing, 24 (2), 136-151. Waheeduzzaman, A. N. M. (2011), "Competitiveness and convergence in G7 and emerging markets," Competitiveness Review, 21 (2), 110-128. Waheeduzzaman, A. N. M. and Elwin Myers (2010), "Influence of Economic Reward and Punishment on Unethical Behavior: An Empirical Study," Business and Professional Ethics Journal, 29 (1-4), 154-174. Waheeduzzaman, A. N. M. (2008), "Market Potential Estimation in International Markets: A Comparison of Methods," Journal of Global Marketing. 21 (4), 307-320. Waheeduzzaman, A. N. M. (2007), "States, Demographics and Competitiveness of America's Best Universities," Competitiveness Review, 17 (1/2), 77-93. Waheeduzzaman, A. N. M. and Pradeep Rau (2006), "Market Potential And Foreign Direct Investment: Exploring The Relationship In Emerging Markets." Advances in Competitiveness Research, 14 (1), 44-60. Waheeduzzaman, A. N. M. (2006), "Can modernization explain the consumption of durables in emerging markets?" Journal of Global Marketing, 19 (3), 33-62. Waheeduzzaman, A. N. M. (2004), "Tripolar World of Corruption and Inequality: Again, the Difference is in Freedom and Governance, "Journal of Transnational Management Development, 9 (4), 37-48. Waheeduzzaman, A. N. M. and Leon F. Dube (2004), "Trends And Development in Standardization Adaptation Research," Journal of Global Marketing, 17 (4), 23-52. Waheeduzzaman, A. N. M. and Leon F. Dube (2002), "Elements Of Standardization, Firm Performance And A Few Marketing Variables: A General Linear Relationship Framework," The Journal of Global Marketing, 16 (1 and 2), 187-205. Waheeduzzaman, A. N. M. (2002), "Competitiveness, Human Development And Inequality: A Cross -National Comparative Inquiry, "Competitiveness Review, 12 (2), 13-29. Hu, Michael, A. N. M. Waheeduzzaman, and Edward Bruning (1997), "An Inquiry into the Determinants of Foreign Direct Investment in the United States," Midwestern Journal of Business and Economics, Vol. 10, No. 3, Winter, 35-49. Waheeduzzaman, A. N. M. and John K. Ryans Jr. (1996), "Dimensions of International Competitiveness of Nations: An American Managers' Perspective," Journal of Global Business, Vol. 7, No. 13, 19-31. 4 Waheeduzzaman, A. N. M. and John K. Ryans Jr. (1996), "Definitions, Perspectives, and Understanding of International Competitiveness: A Quest for a Common Ground," Competitiveness Review, Volume 6 (2), 7-26. Waheeduzzaman, A. N. M. (1986), "Content Analysis of Newspaper Advertisements on Family Planning in Bangladesh," Journal of Management, Business and Economics, Vol. 12, No. 1, 56- 71. Waheeduzzaman, A. N. M. (1986), "Creativity in Management," Journal of Management Business and Economics, Vol. 11, No. 4, 497-510. Waheeduzzaman, A. N. M. (1985), "Segmentation Concepts and Issues in Marketing," Management Development, Vol. 14, No. 4, Bangladesh Management Development Center, Dhaka, Bangladesh. Waheeduzzaman, A. N. M. and Abdul Hamid (1985), "Promoting Voluntary Blood Donation: A Social Marketing Approach," Journal of Management, Business and Economics, Vol. 11, No. 1, 66-82. Waheeduzzaman, A. N. M. (1984), "Consumer Behavior and Marketing of Bengali Movies," Journal of Management, Business and Economics, Vol. 10, No. 4. Publication in a Book Waheeduzzaman, A. N. M. (2002), "Facilitation of Trade and Investment Among Bangladesh, India and Nepal: Subregional Cooperation and Competitiveness" in Towards Greater Sub - regional Economic Cooperation: Limitations, Obstacles and Benefits, Cookson, Forrest E. and A. K. M. Shamsul Alam (editors), Dhaka, Bangladesh: University Press. 55-79. Waheeduzzaman, A. N. M. (2000), "(Un)Ethical Behavior In Business: A Reward Punishment Probability Framework" in Competition, Trust and Cooperation: A Comparative Study, Y. Shinoya and K. Yagi (editors), Heidelberg: Springer Verlag, 210-226. Publication in Refereed Proceedings Waheeduzzaman, A. N. M. and Pradeep Rau (1998), "Standardization Drivers, Levers, and Performance in International Marketing: A Conceptual Framework and Related Hypotheses." Proceedings of the Third South China International Business Symposium, University of Macau, China, November, 337-353. Waheeduzzaman, A. N. M. (1992), "Effect of Corporate Takeovers and Leveraged Buyouts: An Extension of Strategic Models in Marketing," Proceedings of the American Marketing Association's Summer Educators' Conference, Chicago, Illinois, 109-116. 5 Waheeduzzaman, A. N. M. (1992), "Changing Pattern of Car Advertisements in Magazines: The Past 30 Years." Proceedings of the American Marketing Association's Summer Educators' Conference, Chicago, Illinois, 121-129. Waheeduzzaman, A. N. M. and Robert F. Krampf (1992), "Use of Quantitative Techniques in Marketing Research: The Past Twenty-five Years." Proceedings of the American Marketing Association's Winter Educators' Conference, San Antonio, Texas, 285-294. Waheeduzzaman, A. N. M. and Lawrence J. Marks (1989), "Halo Effects, Consumer Ethno- National Affinity, and Behavior Intentions: An Extension of Multi -Attribute Model of Country of Origin Effects." Proceedings of the American Marketing Association's Summer Educators' Conference, Chicago, Illinois, 252-257. Abstract in Refereed Conferences Waheeduzzaman, A. N. M. (2016), "Consumption Convergence between Emerging and Developed Markets," Winter Educators' Conference, American Marketing Association, Las Vegas. February. Waheeduzzaman, A. N. M. and Pradeep Rau (2004), "Market Potential and Foreign Direct Investment: Exploring the Relationship in Emerging Markets," Summer Educators' Conference, American Marketing Association, Boston. August. Waheeduzzaman, A. N. M. and Leon F. Dube (2003), "Trends and Development In Standardization Adaptation Research: A Content Analysis," Summer Educators' Conference, American Marketing Association, Chicago. August. Waheeduzzaman, A. N. M. (2002), "Five Lines of Inquiry in Standardization Adaptation Research," Summer Educators' Conference, American Marketing Association, San Diego. August. Waheeduzzaman, A. N. M. and Leon F. Dube (2001), "Elements of Standardization, Firm Performance And A Few Marketing Variables: A Factor Analytic Linear Relationship," Summer Educators' Conference, American Marketing Association. August. Article Leading National English Dailies in Bangladesh Waheeduzzaman, A. N. M., Dhaka, Bangladesh, August Waheeduzzaman, A. N. M., Bangladesh, July 2, 2007. Waheeduzzaman, A. N. M., Bangladesh, May 28, 2007. "Combating flood: Let's take a business approach," The Daily Star, 18, 2007. "Bangladesh's image: Need a (re)branding?" The Daily Star, Dhaka, "Bangladesh's image and country rating," The Daily Star, Dhaka, 6 Waheeduzzaman, A. N. M., "Why is SAARC progressing so slowly?" The Daily Star, Dhaka, Bangladesh, April 28, 2007. Waheeduzzaman, A. N. M., "Fighting corruption: Why this ambivalence?," The Daily Star, Dhaka, Bangladesh, March 2, 2007. Waheeduzzaman, A. N. M., "Caretaker Government: Round Three," The Daily Star, Dhaka, Bangladesh, January 28, 2007. Waheeduzzaman, A. N. M., "Combating Corruption," The Daily Star, Dhaka, Bangladesh, February 8, 2002. Waheeduzzaman, A. N. M., "Evaluating SAARC: Economic Reality Versus Political Will," The Daily Star, Dhaka, Bangladesh, December 13, 2001. Waheeduzzaman, A. N. M., "In response to a recent article on Grameen Bank in the Wall Street Journal, The Daily Star, Dhaka, Bangladesh, December 6, 2001. Waheeduzzaman, A. N. M., "Nation's Business Schools: A Few Success Criteria," The Daily Observer, Dhaka, Bangladesh, 1998. Waheeduzzaman, A. N. M., "Why Core Faculty Matter," The Daily Observer, Dhaka, Bangladesh, November 14, 1997. Waheeduzzaman, A. N. M., "Transformation of Private Universities: From Entrepreneurship to Professionalism," The Daily Observer, Dhaka, Bangladesh, February 12, 1998. Article in Newsletters Waheeduzzaman, A. N. M., "Country Ratings -A Neglected Research Area?" American Marketing Association Global Marketing SIG's Monthly E -News. http://www.cba.hawaii.edu/ama/September2004.htm. Waheeduzzaman, A. N. M., "How do you encourage active class participation of your students?" MED Newsletter, Academy of Management, 15 (3), 1989 (June), 7. Research Presentations (past six years) Waheeduzzaman, A. N. M. (2018), "Do global peace and higher education contribute to the competitiveness of a nation?" Annual Conference of the American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, Abu N. M. and Elwin Myers (2017), "Effect of Good Governance and Democracy on National Income: Does Trade or Investment Offer Any Mediating Influence?" Annual Conference of the American Society for Competitiveness, Washington, D.C., October. 7 Waheeduzzaman, A. N. M. (2016), "Does Good Governance Enhance National Competitiveness?" Annual Conference of the American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, Abu N. M. (2016), "Global Consumption Convergence: Towards an Eclectic Theory," Annual Conference American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, Abu N. M. and Anh Thi Truc Pham (2016), "Macro Determinants of Inbound Tourism: A Path Analysis Model," Annual Conference American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, A. N. M. (2016), "Consumption Convergence between Emerging and Developed Markets," Winter Educators' Conference, American Marketing Association, Las Vegas. February. Waheeduzzaman, A. N. M. (2015), "Did globalization favor the growth of fast moving consumer goods (FMCG) in emerging markets," Winter Educators' Conference, American Marketing Association, San Antonio, February. Waheeduzzaman, A. N. M. (2015), "Exploring mediating effects of globalization and income on consumption growth in emerging markets," Annual Conference American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, A. N. M. (2014), "Do we observe a convergence in fast moving consumer goods (FMCG) in developed and emerging markets?" Annual Conference American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, A. N. M. (2014), "Democracy and International Competitiveness of Nations - An Empirical Inquiry," 18th Annual Western Hemispheric Trade Conference, Texas A&M International University, April. Waheeduzzaman, A. N. M. (2013), "Higher Education and National Competitiveness," Annual Conference American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, A. N. M. (2013), "Enhancing National Competitiveness through Education in a Globalized World," 22nd Annual World Business Congress, International Management Development Association, Taipei, Taiwan, July. Waheeduzzaman, A. N. M. (2013), "Does Freedom Affect International Competitiveness of Nations," 22nd Annual World Business Congress, International Management Development Association, Taipei, Taiwan, July. Waheeduzzaman, A. N. M. (2012), "Do Globalization and Freedom Favor Trade in Emerging Markets?" 2012 International Conference on Contemporary Business and Management, Chulalongkorn University, Bangkok, Thailand, December. 8 Waheeduzzaman, A. N. M. (2012), "Impact of freedom in international competitiveness of nations," Annual Conference American Society for Competitiveness, Washington, D.C., October. All Society Panel Chair. Waheeduzzaman, A. N. M. (2012), "Does freedom affect trade? An empirical inquiry," Annual Conference American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, A. N. M. (2012), "Competitiveness of Bangladesh as an Emerging Market," United International University, Dhaka, Bangladesh, March. Waheeduzzaman, A. N. M. (2012), "Determinants of Trade in Emerging Markets," Faculty Research Seminar, College of Business, Texas A&M University -Corpus Christi, Texas, January. Waheeduzzaman, A. N. M. (2011), "Emerging markets trade: An empirical inquiry," Annual Conference American Society for Competitiveness, Orlando, Florida, October. Waheeduzzaman, A. N. M. (2011), "Thirty Years of Trade in Emerging Markets: Trend, Impact and Catching Up" 20th Annual World Business Congress, International Management Development Association, Poznan, Poland. July. ACADEMIC AND PROFESSIONAL SERVICE Membership and Positions in Professional Associations American Marketing Association (AMA) Academy of International Business (AIB) American Society for Competitiveness (ASC) International Management Development Association (IMDA) National Geographic Society American Association of University Professors (AAUP) American Association for Retired Persons (AARP) Institute of Management Consultants Bangladesh (IMCB) MBA Club Ltd., Dhaka, Bangladesh Institute of Business Administration Alumni Association (IBAAA), Bangladesh. Social Media Coordinator, American Society for Competitiveness, 2014 -Present. Social Media Manager/Administrator, International Management Development Association, 2016 - Present. Editorship Associate Editor, Journal of Competitiveness Studies, 2015 -present. 9 Associate Editor, Competitiveness Review, 2011-2012. Guest Editor, Special Issue on "Competitiveness of Emerging Nations in a Globalized World," Competitiveness Review, April, 2011. Membership in Editorial Boards Member of the Editorial Board for the following journals: Journal of Competitiveness Studies, Journal of Global Competitiveness, Competition Forum, Transnational Corporation Review, and SAM Advanced Management Journal. Reviewer of Journals and Conferences Review about 10-15 articles a year for the above journals and a few others, e.g., Journal of International Marketing, International Business Review, Competitiveness Review, International Trade Journal, International Journal of Emerging Markets, Competitiveness Review, Transnational Corporation Review, Academy and Thunderbird International Business Review. Also serve as reviewer for the yearly conferences of the associations mentioned above. Serve as track chair, session chair, discussant at the following conferences on a regular basis: American Marketing Association, American Society for Competitiveness, International Management Development Association, and Global Business and Technology Association. Workshop Leadership Workshop Leader/Resource Person, Faculty Development Workshop on Research Methodology, BRAC University, Dhaka, Bangladesh, December, 2015. Workshop Leader/Resource Person, Workshop on Research Methodology, United International University, Dhaka, Bangladesh, December 22-24, 2012. Invited Guest Speaker Waheeduzzaman, A. N. M. (2017), "Symposium on International Education as a Tool for Achieving Global Peace," International Education Week, Texas A&M University Corpus Christi, November. Waheeduzzaman, A. N. M. (2016), Plenary session speaker: "Does Good Governance Enhance National Competitiveness?" Annual Conference of the American Society for Competitiveness, Washington, D.C., October. Speaker at the Orientation Ceremony, Rajamangala University of Technology Phra Nakhon (RMUTP), Bangkok, Thailand (2015). Also, made a presentation on "Exploring Consumption Convergence" to the business faculty, August. 10 Waheeduzzaman, A. N. M. (2014), Plenary session speaker: "Assessing the impact of higher education on national competitiveness," Annual Conference of the American Society for Competitiveness, Washington, D.C., October. Waheeduzzaman, A. N. M. (2014), "Do we need democracy to enhance our national competitiveness," Institute of Business Administration, Dhaka University, Dhaka, Bangladesh, January 7, 2014. Waheeduzzaman, A. N. M. (2013), "From bottomless basket to a middle-income economy -What Bangladesh could do to enhance her international competitiveness," Institute of Management Consultants of Bangladesh, Dhaka, Bangladesh, January 7. Waheeduzzaman, A. N. M. (2012), "Competitiveness of Bangladesh as an Emerging Market," United International University, Dhaka, Bangladesh, March 11. Waheeduzzaman, A. N. M. (2010), "Emerging Nations in a Globalized World," Executives Club, Texas A&M University -Corpus Christi, March 10. Waheeduzzaman, A. N. M. (2009), "Understanding the Impact of Emerging Nations in a Globalized World," World Affairs Council of South Texas, October. Waheeduzzaman, A. N. M. (2009), "Trade and Competitiveness of Bangladesh," Rotary Club of Dhaka, Bangladesh, August. Waheeduzzaman, A. N. M. (2008), "Understanding the Impact of Emerging Nations," Delta Sigma Pi, Texas A&M University -Corpus Christi, October. Dissertation Supervisor and External Evaluator Serve as committee member/external reviewer for Ph.D. students at TAMUCC, Thammasat University, National Institute of Industrial Engineering, India and Aligarh Muslim University, India. Serve as external reviewer for tenure and promotion candidates at Texas A&M University, University of Pennsylvania Harrisburg, and Duquesne University. TAMUCC Committees/Institutions Currently Serving Chair, International Education Committee, 2016 -present. Graduate Council, 2017 -present. Member, Adhoc Faculty Performance Committee, 2015 -present. College of Business Committees Serving/Served at TAMUCC 11 Adhoc Faculty Performance Committee, 2015-2018. Member, Faculty Qualification Committee, 2015-2017. Member, MBA Task Force, 2013-2016. Chair/Co-Chair, Faculty Research Seminar, 2004-11. Member, Post -tenure Review Committee, 2012-15. Member, Grade Appeals Committee, 2016. Member, Post Tenure Review Committee, 2010-13. Member, Library Committee, 2001-06. Member, COB Assessment Committee, 2001-07. Member, Graduate Advisory Committee, 2000-03, 2006-08. Member, Tenure and Promotion Committee, 2003-05. Member, Accelerated/EMBA Task Force, 2001-02. Member, Math Task Force, 2004-05. University Committees Serving/Served at TAMUCC Chair, International Education Committee, 2016 -present. Member, Graduate Council, 2017 -present, 2001-03. Chair, Faculty Development Leave Committee, 2010-2012. Chair, Budget Analysis Committee, Faculty Senate, 2006-08. Member, Globalization Group -Strategic Planning Task Force, 2013-14. Member, Emerging Research Task Force, 2003. Member, Honorary Degree Committee, 2006-08, 2013-15. Member, Steering Committee for International Initiatives, 2006. Member, Institutional Review Board, 2003. 12 Senator (representing the College of Business), Faculty Senate, 2004-08. Member, University Scholarship Committee, 2006-09. Member, Academic Council, 2006-08. Member, University Library Committee, 2001-2003. Service at Other Universities Head of Graduate Program and Director, MBA Program, North South University. Designed and implemented MBA program following the AACSB guidelines. Have administered the program for two years. 1997-99. Provided a formal structure to the School of Business. Chair, School of Studies, North South University. 1998-99. Was instrumental in developing an academic calendar, teaching credit system, faculty tenure and promotion criteria, and a strategic plan for the university. Member of various committees of the university including University Porichalona Porishod (Management Board), Academic Council, Finance Committee, Selection Committee, and Curriculum Committee. Vice Chair, Faculty Senate, University of New Haven, 1996-97. Also served as Senator for 3 years (1994-97) representing the School of Business. Participated actively in university administration. Member, Mission Steering Committee, School of Business, University of New Haven. The mission developed by the committee was eventually accepted as the mission of the School of Business that led to its AACSB candidacy for accreditation. Member, MBA Planning and Review Committee, School of Business, University of New Haven. 1996. This committee was responsible for designing an MBA program as per AACSB guidelines. Member, External Affairs Committee, University of New Haven. This committee was responsible for evaluating University of New Haven's academic programs in Israel, Greece, Cyprus, and other places. Member, Academic Standards Committee, University of New Haven. This committee oversees the academic standards of various programs of the university. Consulting (Partial List) Conducted market surveys, estimated demand and market potential, designed competitive strategy, and developed training programs in marketing and international business. Have strong statistical/quantitative and computer background. Partial lists of organizations consulted are given below. Phillips (Bangladesh) Ltd.: Market survey for electric bulbs, fluorescent tubes, audio and audio- visual products. 1984. American Express International Banking Corporation: Feasibility of setting up a joint venture computer service industry. 1981. 14 Bangladesh Textile Mills Corporation (BTMC): Investment feasibility of balancing and modernization of selected textile mills. 1983. International Committee of Management of Population Programs (ICOMP), Malaysia and Bangladesh Association for Community Education (BACE), Dhaka: Development of seven leadership and management training workshops for the urban and rural women leaders of Bangladesh. 1986. DISTINCTIONS, AWARDS AND HONORS Teaching Awards Teaching Excellence Award, 2013-14, College of Business, Texas A&M University -Corpus Christi. Nominated for university teaching excellence award. Outstanding Teaching Award (2000-2001), College of Business, Texas A&M University -Corpus Christi. Distinguished Teacher Award (1995-96), awarded by the President of the University of New Haven. Received a certificate and cash reward. Research Awards University Excellence Award in Research for 2011-12, Texas A&M University -Corpus Christi. Faculty Research Enhancement Grant, College of Business, Texas A&M University -Corpus Christi, 2006-07. Project title: Is the Consumption of Durables in Developed and Emerging Markets Converging? Faculty Research Enhancement Grant, Texas A&M University -Corpus Christi, 2004-05. Project title: Modernization, Convergence and Durables: A Comparative Inquiry of the Developed and Emerging Markets. Faculty Research Enhancement Grant, Texas A&M University -Corpus Christi, 2002-03. Project title: Penetration of Consumer Durables in Emerging Markets: Socioeconomic Influences Reconsidered. Faculty Research Enhancement Grant, College of Business, Texas A&M University -Corpus Christi, 2003-04. Project title: Competitiveness of Business Schools: A Quest for a Framework. Research Grant, the Asia Foundation, Dhaka, Bangladesh, 1999. Project title: "Facilitation of Trade and Investment among Bangladesh, India and Nepal: Sub -Regional Cooperation and Competitiveness." 15 Research Grant, Kyoto University, Japan, 1999. Project title: "(Un)ethical Behavior in Business: A Reward Punishment Probability Framework." Summer Research Grant, University of New Haven, 1996-97. Project title: Dimensions of International Competitiveness. Service Awards Outstanding Faculty Award in International Education, Texas A&M University Corpus Christi, 2017. Recognition for Social Media Contribution, American Society for Competitiveness, 2016. Senior Fellow, American Society for Competitiveness, 2013. Received a Certificate of Appreciation by the Mayor, City of Corpus Christi, for Service in the Library Board for six years (2002-08), 2008. Service Award, International Management Development Association, 2007. Academic Honors Alpha Mu Alpha, national honor society for marketing scholars, American Marketing Association, Kent State University, 1992. Beta Gamma Sigma, national honor society for business graduates, George Washington University, 1988. Phi Beta Delta, national honor society for international scholars, Kent State University, 1991. Sigma Beta Delta, national honor society for business majors, University of New Haven, 1996. Doctoral Consortium Fellow, Academy of Management. Dean's nomination, College of Business Administration, Kent State University, 1991. University Merit Scholarship, Dhaka University, Bangladesh, 1978-79. Ranked 1St in MBA (Marketing). Ranked 7th (out of about 50,000 students) in Higher Secondary School Certificate Examination in Rajshahi Board, Bangladesh, 1972. 16 COMMUNITY AND EXTRA -CURRICULAR Member, Corpus Christi Library Board, 2002-08. Appointed by the Mayor of the City. Represented Bangladesh in the D-8 Expert Group Summit on International Marketing and Trade, Cairo, Egypt, 1999. Nominated by the Ministry of Commerce, Government of Bangladesh. Represented George Washington University in International Leadership Workshop organized by Foreign Students Service Council, Washington, D.C. 1987. Chairman, Alumni Affairs, Institute of Business Administration (IBA), Dhaka University. 1982- 85. Organized the Alumni Day and the Reunion in 1983-84. Also was the Treasurer, IBA Alumni Association, Dhaka University. 1983-85. Vice President, Old Rajshahi Cadets Association, 1998. Was the General Secretary for the same association during 1976-78. Organized the 3rd Reunion for the old cadets in 1978. Troop Leader, Rajshahi Cadet College scout troop that won district championship in 1968, divisional trophies in 1969, and (the then) all -Pakistan national championship trophy in first aid in 1970. 17 CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Oct 08, 2018 Profile Marlena First Name Email Address 14842 DasMarinas Dr. Street Address Corpus Christi City What What district do you live in? * 17 District 4 Current resident of the city? Yes r No 55 If yes, how many years? L Asocar Wilson Middle Initial Last Name Home: (361) 949-3349 Mobile: (361) 442-0749 Primary Phone Alternate Phone self Realtor Employer Job Title 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 TN 78418 State Postal Code Marlena L Asocar Wilson Pane 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 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 0 No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes 0 No Does your employer or your spouse's employer have a City contract? ✓ Yes r No Marlene L Asocar Wilson Pane 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 o No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. n/a Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION The Arts & Cultural Commission must include representatives from certain categories. Do you qualify for any of the following categories? 17 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? ✓ Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? ✓ Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? ✓ Yes r No Marlena I_ Asocar Wilson Pane 3 of S 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? * iv 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)? • Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (NCAD) Have you resided in the District for at least 2 years? • 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? ✓ Yes r No Verification Marlena L Asocar Wilson Pane 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 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 I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Marlena I_ Asocar Wilson Pane 5 of 5 Marlena L. Asocar-Wilson 14842 Dasmarinas Dr. 1361 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 -lines, 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, tl 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, 361888-8100 361 815-1406, 361 792-2021 972 375-2452, 361 949 0203 361 480-8608, 361 992 1213 CITY OF CORPUS CHRISTI Submit Date: Jan 22, 2019 Application for a City Board, Commission, Committee or Corporation Profile Emily C Zertuche First Name Middle Initial Last Name ezertuche@visitcorpuschristitx.org Email Address 5021 Lethaby Dr. Street Address Corpus Christi City What district do you live in? * l� District 5 Current resident of the city? r Yes r No 21 If yes, how many years? Mobile: (361) 728-7411 Business: (361) 336-0030 Primary Phone Alternate Phone Visit Corpus Christi Content Designer & Strategist Employer Job Title 1513 North Chaparral Street Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78401 Work Address - Zip Code (361) 336-0060 Work Phone ezertuche@visitcorpuschristitx.org Work E-mail address TX State 78413 Postal Code Emily C Zertuche Pane 1 of 5 Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? c' Yes C No Education, Professional and/or Community Activity (Present) Texas A&M University -Corpus Christi: 3 years studying BA in psychology Corpus Christi Convention & Visitors Bureau - 2.5 years Content & Social Media Strategist Assists with Marketing and Communication efforts with an emphasis on social media and digital content marketing for Corpus Christi partners, community events and local businesses to drive visitors to our city in an effort to bring awareness to the rich culture of our city and meet strategic and economic goals. Current projects include digital marketing efforts for the Old Bayview Cemetery event Voices of South Texas, the 2nd Annual Corpus Christi Food & Wine Festival at Heritage Park and the Dia De Los Muertos Street Festival. Job Duties Include: - Producing, editing, and directing video content for social media marketing efforts - Graphic design for social content - Content writing - Analytical data tracking - Applying marketing research and development methods to learn and understand emerging trends and technologies - Digital engagement I currently serve on the Corpus Christi 7 -Day Film Project committee and the Corpus Christi Ride -In Theater Committee. Why are you interested in serving on a City board, commission or committee? In order to grow and enrich Corpus Christi, It's essential that citizens play an active role in our community. I am passionate about economic growth and development of our city and desire to serve my community using the diverse skill set I bring to the table. I feel it's vital to have a voice and stay current on our community issues, as well as learn more about the many aspects of how our city operates for the betterment of the community. Upload a Resume Demographics Gender 17 Female Code of Ethics - Rules of Conduct/Conflicts of Interest Emily C Zertuche Pane 2 of 5 Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r No Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. My employer, Visit Corpus Christi (formerly Corpus Christi Convention & Visitors Bureau) is under a city contract. Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION The Arts & Cultural Commission must include representatives from certain categories. Do you qualify for any of the following categories? 17 Visual Arts (painting, sculpture, arts media) 17 Economic Development / Tourism 17 Marketing 17 Performing Arts (music, dance, drama, film) Question applies to CLEAN CITY ADVISORY COMMITTEE The Clean City Advisory Committee must include representatives from certain categories. Do you qualify for any of the following categories? * 17 None of the above Emily C Zertuche Pane 3 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Emily C Zertuche Pane 4 of S 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. 17 I Agree Emily C 7_ertuche Pane 5 of 5 EMILY 0 ZERTUCHE Content Designer & Strategist PERSONAL PROFILE I am a Content Designer & Strategist with 3+ years of experience serving as a liaison for tourism and economic development. Outgoing and detail -oriented, I am proficient at building and maintaining professional relationships within the Corpus Christi community. WORK EXPERIENCE Content Designer & Strategist VISIT CORPUS CHRISTI 2016 TO PRESENT - Creates and plans social digital marketing initiatives - Designs elements in-house for digital marketing materials - Produces, directs and edits video content - Works with the Creative Team to meet strategic goals Communications Specialist VISIT CORPUS CHRISTI 2015 - 2016 - Managed engagement on all social media channels - Researched, gathered and input events to website listings - Prepared weekly update reports to Director of Social Media EDUCATION Texas A&M University - Corpus Christi BACHELORS IN BUSINESS ADMIN. - MARKETING CURRENTLY ATTENDING - 60+ Credits towards degree CONTACT INFORMATION Cell: (361) 728.7411 Email: ezertuche@visitcorpuschristitx.org Address: 5021 Lethaby Dr. Corpus Christi, Texas 78413 AREAS OF EXPERTISE - Travel and Tourism - Branding and Identity - Strategic Planning - Graphic Design - Photography - Video Editing - Digital Storytelling - Content Development - Client Relations COMMUNITY INVOLVEMENT Young Business Professionals of The Coastal Bend MARKETING COMMITTEE MEMBER 2018 - PRESENT American Advertising Federation Corpus Christi MEMBER 2017 - PRESENT Corpus Christi 7 -Day Film Project COMMITTEE MEMBER 2015 - PRESENT Corpus Christi Ride -In Theater COMMITTEE MEMBER 2016 - 2018 MY REFERENCES Heidi Hovda, Director of Creative Initiatives, Visit Corpus Christi (361) 881.1810 hhovda@visitcorpuschristitx.org Paulette Kluge, CEO, Visit Corpus Christi (361) 881.1877 pkluge@visitcorpuschristitx.org CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT *Two (2) vacancies with terms to 12/31/21. (Interim City Manager Keith Selman is recommending the the appointments of Jeffrey Edmonds, Director of Engineering Services and Sharon Bailey Lewis, Environmental Affairs Manager) Composition Five (5) directors appointed by the City Council to serve four-year staggered terms. If a vacancy occurs on the board, the board may appoint a director to serve the remainder of the term. The board shall annually elect officers and officers must be confirmed by the City Council. The initial directors shall draw lots to determine which three (3) directors shall serve four-year terms that expire at the end of the calendar year four years after the effective date of the Act, and which two directors shall serve two-year terms that expire at the end of the calendar year two years after the effective date of the Act. Name Jay Ellington Term 1 Start date 12/12/2017 End date 12/31/2021 Appointing Authority City Council Position Status Resigned Tom Tagliabue 1 1/9/2014 12/31/2021 City Council Secretary Resigned Dan McGinn Partial 7/9/2015 12/31/2019 City Council Vice -President Active Mark Van Vleck Partial 4/7/2016 12/31/2019 City Council Active Fred Segundo 3 12/11/2007 12/31/2021 City Council President Active MECHANICAL/PLUMBING ADVISORY BOARD *Seven (7) vacancies with terms to 01-02-19 and 01-02-2020, representing the following categories: 1- Master Plumber, 1- Commercial Builder, 3 - Air Conditioning, 1 - Irrigator, 1 -Not Connected to the Building Industry. (Note: Staff is recommending the postponement of 1 - Commercial Builder, 2 - Air Conditioning and 1 - Irrigator for further recruitment.) Composition Eleven (11) persons appointed by the City Council: Three (3) persons, each of whom shall have at least five (5) years active experience as a plumber, at least three (3) years of which shall have been in Corpus Christi and at least two (2) of these persons shall be or have been Master Plumbers, preference for appointment may be given to plumbers licensed in the State of Texas and currently active in the plumbing trade; one (1) person who shall have at least five (5) years of active experience as a mechanical engineer, preference for appointment may be given to professional engineers licensed in the State of Texas; one (1) person who shall have at least five (5) years experience in the home building industry; one (1) person who shall have at least five (5) years experience in the commercial building industry; three (3) persons, each of whom shall have at least five (5) years of active experience in heating, ventilation, air conditioning and refrigeration contracting business, preference for appointment may be given to persons licensed in the State of Texas in heating, ventilation, air conditioning, and refrigeration contracting (HVAC); one (1) person who shall have at least five (5) years of active experience in landscape irrigation, preference for appointment may be given to irrigators licensed in the State of Texas; and one (1) person not connected with the building industry. Six members constitute a quorum, and the concurring vote of not less than 6 members of the Board is necessary to constitute an official action of the Board. The Board shall elect a chairman and vice chairman during the first meeting of each calendar year. Name Term Appt. date End date Appointing Authority Position Status Category Attendance Ronald Klepac 3 1/24/2012 1/2/2018 City Council Met six year service limitation Air Conditioning *William F Boeker 1 7/18/2017 1/2/2019 City Council Seeking reappointment Not Connected to the Building Industry 2/3 meetings 66% *Benny M. Franklin 1 6/13/2017 1/2/2019 City Council Seeking reappointment Master Plumber 3/3 meetings 100% Billy F Largin 1 7/18/2017 1/2/2019 City Council Resigned Commercial Builder Carl Suding 1 10/13/2015 1/2/2019 City Council Not seeking reappointment Irrigator *Mike Wanzer 2 2/24/2015 1/2/2019 City Council Chair Seeking reappointment Air Conditioning 3/3 meetings 100% Travis M Yeary 1 6/13/2017 1/2/2019 City Council Not seeking reappointment Air Conditioning Name Term Appt. date End date Appointing Authority Position Status Category Attendance Mike Dildy 2 2/9/2016 1/2/2020 City Council Active Master Plumber Stacy Gallagher 2 6/13/2017 1/2/2020 City Council Active Home Builder Jared Merdes 3 2/24/2015 1/2/2020 City Council Active Mechanical Engineer Maverick C. Volesky Jr. 2 2/9/2016 1/2/2020 City Council Active Plumber MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD *Nine (9) vacancies with terms to 12-11-21, representing the following categories: 3 - Community Advocate, 2 - Higher Education, 2 - K-12 Education, 2 - Business Community. (New composition approved by ordinance on 1/22/19)(Mayoral appointment with confirmation by Council) Composition The Corpus Christi Museum of Science and History Advisory Board which shall consist of nine members. The board members shall be appointed by the Mayor, with advice and consent of the Council. The board members shall be selected as follows: nine members shall be nominated by the Mayor who shall seek two (2) members from - Higher Education, two (2) members from the field of K-12 Education, two (2) members from Business Community and three (3) members from Community Advocates. Of these nine members, at least one (1) member should have a background in science, technology, engineering or math and one (1) member should have a background in history. Ex -officio members shall include the City Manager and superintendents of the Corpus Christi Independent School District, Calallen Independent School District, Flour Bluff Independent School District, Tuloso-Midway Independent School District and West Oso Independent School District or their designated representatives. The term of each advisory member shall be three years. Name Christina C Buttler Term 1 Appt. date 7/24/2018 End date 12/11/2018 Appointing Authority Mayor with Council Confirmation Status Seeking reappointment Old Category Community Advocate New Category Community Advocate Attendance 3/5 meetings 60% Anita Eisenhauer 1 9/12/2017 12/11/2018 Mayor with Council Confirmation Seeking reappointment Community Advocate Community Advocate 5/5 meetings 100% Jonda Halcomb 2 12/12/2012 12/11/2018 Mayor with Council Confirmation Met six-year service limitation Higher Education Higher Education Karen J Howden 1 7/24/2018 12/11/2018 Mayor with Council Confirmation Seeking reappointment Friends of the Museum K-12 Education 3/5 meetings 60% Claudia C Huerta 1 9/12/2017 12/11/2018 Mayor with Council Confirmation Seeking reappointment Friends of the Museum Business Community 4/5 meetings 80% Cary Perales 1 9/9/2014 12/11/2018 Mayor with Council Confirmation Seeking reappointment K-12 Education K-12 Education 4/5 meetings 80% Sonia Castillo Plemons 1 7/14/2015 12/11/2018 Mayor with Council Confirmation Seeking reinstatement Business Community Business Community Ruben E Rocha Jr 1 9/12/2017 12/11/2018 Mayor with Council Confirmation Not seeking reappointment K-12 Education Higher Education Scott Sutherland 2 12/12/2012 12/11/2018 Mayor with Council Confirmation Met six-year service limitation Business Community Community Advocate Name Term Appt. date End date Appointing Authority Status Old Category New Category Attendance City Manager or designee N/A N/A N/A Active Calallen ISD, Superintendent or Representative N/A N/A N/A Active Corpus Christi I.S.D, Superintendent or Representative N/A N/A N/A Active Flour Bluff ISD, Superintendent or Representative N/A N/A N/A Active Tuloso-Midway ISD, Superintendent or Representative N/A N/A N/A Active West Oso ISD, Superintendent or Representative N/A N/A N/A Active MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Applications list Name District Category Margareta Fratila District 3 K-12 Education, Higher Education, Business Community and Community Advocate Rachel P Gomez District 5 Community Advocate and Business Community Jessica B Parra District 3 Higher Education Kristen J Ross District 1 K-12 Education Jack Southard District 5 K-12 Education, Higher Education and Background in science, technology, engineering or math Kathy Werner District 2 K-12 Education, Higher Education and Community Advocate CITY OF CORPUS CHRISTI Submit Date: Jan 11, 2019 Application for a City Board, Commission, Committee or Corporation Profile Margareta Fratila First Name Last Name Email Address 3606 TRIPOLI DR. Street Address CORPUS CHRISTI City What district do you live in? * 17 District 3 Current resident of the city? Yes r No 36 If yes, how many years? Home: (361) 851-9418 Primary Phone Home: (361) 739-3029 Alternate Phone EUROPEAN FLORAL DESIGNS OWNER Employer Job Title 3230 REID DR. #F Work Address - Street Address and Suite Number CORPUS CHRISTI Work Address - City TX Work Address - State 78404 Work Address - Zip Code 361-852-0471 Work Phone • Work E-mail address TX State 78415 Postal Code Maraareta Fratila Pane 1 of 6 Preferred Mailing Address 11 Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted CRIME CONTROL & PREVENTION DISTRICT: Submitted ETHICS COMMISSION: Submitted HOUSING AUTHORITY: Submitted MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD: Submitted NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted ISLAND STRATEGIC ACTION COMMITTEE: Submitted AIRPORT ZONING COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME Why are you interested in serving on a City board, commission or committee? Upload a Resume Demographics Gender 17 Female Code of Ethics - Rules of Conduct/Conflicts of Interest Marnareta Fratila Pane 2 of 6 Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r No Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes 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. Board -specific questions (if applicable) 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? * 17 None of the above Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r Yes r No Marnareta Fratila Pane 3 of 6 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes c: No Question applies t� ISLAND STRATEGIC ACTION COMMITTEE ISAC must include representatives from certain categories. Do you qualify for any of the following categories? * G7 Residential Property Owner (Who owns property and resides on Mustang or Padre Island) Question applies to MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD The Museum of Science & History Advisory Board must include representatives from certain categories. Do you qualify for any of the following categories? * 17 K - 12 Education 17 Higher Education 17 Business Community 17 Community Advocate 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? Yes r No 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? * 17 None of the above Maraareta Fratila Pana 4 of 6 Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? 0 Yes C 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. p I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. p I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. p I Agree Marnareta Fratila Pane 5 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. p I Agree Marnareta Fratila Pane 6 of 6 MARGARETA FRATILA, MBM, TMF Master of Science in Horticulture 3606 Tripoli Dr. Corpus Christi, TX 78415 Office: 361-851-9418 Mobile:361-739-3029 Email: Education: ■ Master of Science in Horticulture and Agriculture Degree from Horticulture University of Bucharest, Romania. • Master of Art Degree in Business Management and Human Resources Development, Webster University, St. Louis MO and Corpus Christi State University • Corpus Christi State University (Texas A&M University -Corpus Christi) work toward Certification in secondary education and high school and MBA program. o Life Earth Science o Biology, Horticulture o French • Texas Master Florist and Professional Floral Design Commentator, International Bridal Florist Certification. ■ Floral Design and Management Certifications at Del Mar College ■ Certified Mediator for Nueces County Courthouse • Official Translator for Nueces County Courthouse ■ Deville Business School -Secretarial and Business office filing • Stephan Ministry trained as a Stephan Leader at Church of the Good Shepherd, Corpus Christi, TX. Church of Acts- Class of the Prophets, one year class Certified preacher, Evangelist, Healer, Missionary Real Estate Institute in Corpus Christi, TX enrolled (three classes from completing the requirements to take Real Estate Broker Examination) Honors and Achievements: • Recipient of Republican Senatorial Medal of Freedom, 2004 • Life Member of Republican Senatorial Inner Circle and Presidential Round Table • Member of Texas State Society of Washington D.C. o Organized three Texas "Black Tie and Boots" Presidential Inaugural ball o Participated in five Presidential Inaugurations • Member of Republican Women's Club • Feature and Keynote Speaker at various schools, churches, and organizations such as: o Texas Federation of Republican Women o Republican Women's Club, Conroe TX o Knights of Columbus, Fourth Degree, Conroe, TX o Speaker for elementary schools, three high schools, and other city organizations • Corpus Christi Christians Women's Club, Past Chairman of Events • Producer of two television shows on local Channel 10 public Access • Weekly Adoration at the Our Lady of Corpus Christi • Member of the League of Womens Voter • Member of Friday Morning Group ■ Participated in five Republican National and State Conventions • Past Director of the three city Boards: o Library Board o Tree Advisory o Landmark commission • Candidate for City Council 2014,2016 • CASA Volunteer Employment History: 1983 -Present Friday February 13, 1983 my dream to open my own business comes true. I became owner and CEO of Margaret's Greenhouse and European Floral Design. Full Service flower shop, interiorscaping, and landscaping with instruction in Floral design and Horticulture. Teaching Flower Design on premises or in television. 2010 -Present. Business Consultant for various small businesses, Medical Offices, Real Estate Investments 2011- Producer of "Flower Talks - The Language of Love" with Margareta and "Bright Star -The Magic Romanian Matchmaker of All." The shows are produced and aired weekly (so far we have over 160 episodes aired) Feb 16, 1881 Immigrated to Untied States -became citizen in 1990 Feb 16 1982 arrived in Corpus Christi TX, crossing the Harbor Bridge penniless, but with a big dream that it was accomplished and I am looking forward to help our citizens to accomplish their dreams and live in a safe and pleasant environment. Personal: Proud Mother of two children and four grandchildren Languages spoken: Romanian, French, English, Russian, Latin, German Dreams and Aspirations Writer of the book in progress, "A Flight to Freedom," to be followed by a motion picture cast in Romania, Corpus Christi, TX and other world places. When finalized and approved by publisher and producer as being ready I will present it to the George W. Bush Presidential Library in Dallas, where I am a Charter Member, for signing and fundraising for the "Fight to Freedom" section helping with the fundraising for other immigrants who will want to share their life story of struggle and success. The book is a real life motivational story of my own struggles and success as an immigrant, to follow and accomplish my dream in the free world. http://www.ustream.ty/recorded/652159 Skills and Trades: ■ Sociable and Personable to the Extreme • Personal Advisor and Counselor • Fantastic Promoter and Social Events Organizer • Network "QUEEN" (as I am known) ■ Extremely versatile in protocol, good manners and people skills ■ Negotiator and peace maker • Knowledge of people characters and body language • Proved success in leadership abilities and business management adviser • My principles and moral values are timeless and endless, therefore I have many followers of my principles, everyday, in every areas of their life. • Stephen Leader -Stephen Ministry trained to teach God's care for caregivers. Goals and Ambitions: To share my diversified knowledge with the people of all races, colors and religions, as long as they comes here in the USA, from all over the word in a purpose to overcome their struggle through education, beliefs, and following their dreams of freedom with hard work and faith. I want to serve the people in Corpus Christi, the city that I love and its citizens where they become my adoptive family. My message is that KNOWLEDGE IS POWER and each and every American should appreciate and look to this country through the eyes of an immigrant. MAY GOD BLESS AMERICA, and KEEP IT ALWAYS FREE!!! References By Request CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Feb 08, 2019 Profile Rachel First Name Email Address 6010 Oriental Ave P Gomez Middle Initial Last Name Street Address Corpus Christi City What district do you live in? * 17 District 5 Current resident of the city? c' Yes C No 28 If yes, how many years? Mobile: (361) 331-1433 Primary Phone Certainty Home Loans Employer 5402 S. Staples St Ste. 102 Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78411 Work Address - Zip Code 3613602165 Work Phone rgomez@certaintyhomeloans.com Work E-mail address Rachel P Gnmez Business: (361) 360-2165 Alternate Phone Mortgage Loan Originator Job Title TX State 78414 Postal Code Pane 1 of 5 Preferred Mailing Address 17 Home/Primary Address Which Boards would you like to apply for? MUSEUM OF SCIENCE AND HISTORY ADVISORY 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) Bachelor of Science from Texas State University; Juris Doctorate Study at St. Marys School of Law, LEadership Corpus Christi Class 46, Board of Directors fro CASA of the Coastal Bend, Committee Member for Fiesta de Los Ninos, Former Board Member of Corpus Christi Crime Stoppers, Former Board Member of American Red Cross If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Museum of Science and History Board Why are you interested in serving on a City board, commission or committee? Love this community and would love to give back and see the city develop and grow exponentially 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 r No Rachel P Gomez Pane 2of5 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? rYes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. n/a Board -specific questions (if applicable) Question applies to MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD The Museum of Science & History Advisory Board must include representatives from certain categories. Do you qualify for any of the following categories? * 17 Business Community 17 Community Advocate Rachel P Gnmez Pane 3 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 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 Rachel P Gomez Pane 4ofS Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Rachel P Gomez Pane SofS 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�M Statistics for 6010 ORIENTAL AVE CORPUS C ISTI, 414 361.331.1433 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: Jan 11, 2019 Profile Jessica First Name jbparra@uiwtx.edu Email Address 3625 Waterloo Dr Street Address Corpus Christi City What district do you live in? * District 3 Current resident of the city? r Yes r No 34 If yes, how many years? B Parra Middle Initial Last Name Mobile: (361) 877-9502 Business: (361) 888-5670 Primary Phone Alternate Phone University of the Incarnate Word Director of Operations Employer Job Title 5350 S. Staples Suite 300 Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78411 Work Address - Zip Code 361-888-5670 Work Phone jbparra@uiwtx.edu Work E-mail address TX State 78415 Postal Code Jessica B Parra Pane 1 of 5 Preferred Mailing Address 17 Home/Primary Address Which Boards would you like to apply for? MUSEUM OF SCIENCE AND HISTORY ADVISORY 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: None Education, Professional and/or Community Activity (Present) Masters in Public Administration, 24 hours towards an additional Masters in Management, and Bachelors of Arts in Communication. LCC Leadership Class 47 currently participating. Prior representative for Embry -Riddle Aeronautical University on Del Mar Aviation Advisory board 2005-2017. Representative for University of the Incarnate Word on Education to Employment board July 2018 to present. Current participant in the Government Affairs Committee for United Chamber of Commerce. Past Kostoryz Elementary PTA President and Vice -President. 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 am interested in becoming more actively involved in the City affairs including boards and committees. The first step was participating in Leadership Corpus Christi. As I am now half way through the program, I feel that I am ready and perhaps have been ready to become an active participant in our City programs. It is important to me to help others whether it is volunteering at local non-profit organizations, my job or helping adult learners go back to school or serve on a board. Upload a Resume Demographics Gender 17 Female Code of Ethics - Rules of Conduct/Conflicts of Interest Jessica B Parra Pane 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 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 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 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 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? * l Higher Education Jessica B Parra Pane of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 I Agree Jessica B Parra Pane 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. I7 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 1J I Agree Jessica B Parra PanP 5 of 5 Jessica Parra 3625 Waterloo Dr CC TX 784151V 361-877-9502 jbparra@uiwtx.eduM linkedin.com/parrajb® Experienced Director with a demonstrated history of working in the higher education industry. Skilled in Educational Technology, Instructional Design, Military Transition, Management, and Enrollment Management. Strong education professional focused in management, ethics and human resources. Skills • Excellent interpersonal and organizational skills • Proficient in computers, Mac Microsoft Windows operating system and Office software. • Proven ability to make effective decisions and implementation. • Effective communication, both orally and in writing, to a wide range of constituencies Experience JANUARY 2018 - PRESENT Director of Operations / University of the Incarnate Word, Corpus Christi, TX The Director of Operations in the School of Professional Studies (SPS) is responsible for the management and supervision of all aspects of the Learning Center(s) in which they are assigned. This position: oversees the facilities and employees, recruitment, hiring and supervision of center faculty, recruitment of new students; enrollment at the center, schedule development and implementation for upcoming terms; advising and career counseling; develops, administers, and monitors budgets. The Director works with the Dean as a team builder who sets goals and motivates team members. Communicates with the students, instructors, staff, UIW departments, and other stakeholders or customers to maintain positive internal and external relationships developed by the Dean and UIW. JANUARY 2010 - DECEMBER 2018 Adjunct Instructor / Embry -Riddle Aeronautical Univ, Corpus Christi, TX Adjunct instructor for undergraduate classes: Multicultural Workforce, Social Responsibilities and Ethics, and Public Administration. Qualified to teach in the classroom, online and through blended learning. SEPTEMBER 2001 - JANUARY 2018 Center Director / Embry -Riddle Aeronautical Univ, Corpus Christi, TX Oversees all operational functions for the Corpus Christi Campus site's daily functions. Responsible for budget by developing, monitoring, and controlling the finances for the campus. Performs annual evaluation on non-exempt employees. Independently performs requirements in accordance to policy operations manual (POM) with accepted policies and practices; adheres to instructions, policies and guidelines in exercising judgment to resolve commonly encountered work problems and deviations and forwards problematic issues to the Worldwide Operations. Responsible for academic advising of adult learners concerning their degree programs to include certificates, undergraduate and graduate programs through University. Responsible for counseling of adult learners by reviewing of documentation such as military transcripts, other secondary and post secondary college transcripts, and other work experience. Provide guidance in degree requirements such as choosing minors, specializations, and certificates. Ensure delivery of academic programs to include starting new programs and logistics process for delivery. Ensure state, Veteran's Affairs, Texas Workforce Commission, and federal compliance for memoranda of understanding with military services for on base delivery of programs. Advise and guide prospects and students of financial aid possibilities to include FSAFA training and scholarship searches. Plan, conduct, network, and carry out the marketing and public relations functions such as briefings for potential students. Education DECEMBER 2000 Master of Public Administration / Texas A&M Univ, Corpus Christi, TX GPA 3.74 of 4.0 IN PROGRESS Master of Management / Embry -Riddle Aeronautical Univ, Corpus Christi, TX Degree not complete, 24 hours of graduate work completed. DECEMBER 1999 Bachelor of Arts in Communications / Texas A&M Univ, Corpus Christi, TX GPA: 3.347 of 4.0 Honors: Cum Laude Activities LCC Leadership Class 47 currently participating. Representative for Embry -Riddle Aero University on Del Mar Aviation Advisory board 2005-2017. Representative for University 2 of the Incarnate Word on Education to Employment board July 2018 to present. Participant in the Government Affairs Committee for United Chamber of Commerce. 3 CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Nov 15, 2018 Profile Kristen First Name Email Address 11625 Willowood Creek Drive Street Address Corpus Christi City What district do you live in? * 17 District 1 Current resident of the city? r Yes r No 5 It yes, how many years? J Ross Middle Initial Last Name Mobile: (903) 399-8134 Mobile: (903) 345-5621 Primary Phone Alternate Phone CalallenISD Teacher Employer Job Title 4602 Cornett Drive Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78410 Work Address - Zip Code kross@calallen.org Work E-mail address Preferred Mailing Address 17 Home/Primary Address TX 78410 State Postal Code Kristen .1 Ross Pane 1 of 5 Which Boards would you like to apply for? CORPUS CHRISTI COMMISSION ON CHILDREN & YOUTH: Submitted MUSEUM OF SCIENCE AND HISTORY ADVISORY 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: NA Education, Professional and/or Community Activity (Present) B.A. History and Political Science Master of Education specializing in curriculum and instruction Why are you interested in serving on a City board, commission or committee? I am a teacher dedicated to improving the future of children in our community through quality education. I'm seeking leadership experience in my community beyond my job. I'm also a new mother who will be raising her children in this community and want it to be a place my daughter and her peers can flourish in. I am also a member of the current class of Leadership Corpus Christi, and it is my goal to invest in my city and the residents what I share it with. 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 r No Kristen .1 Ross Pane 2 of 5 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 No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes t No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes 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 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? * J 7 Education 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? * K - 12 Education Kristen .1 Ross Pane :1 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 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 Kristen .1 Ross Pane 4 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Kristen .1 Ross Pane 5 of 5 KRISTEN Corpus Christi, TX O (903) 399-8134 2, CERTIFICATIONS Principal Principal Grades (EC -12) Classroom Teacher English Language Arts & Reading Grades (4-8) English Language Arts & Reading Grades (8-12) English as a Second Language Supplemental AEL & T-TESS EDUCATION Master's of Education Curriculum & Instruction Texas A&M University Bachelor of Arts History & Political Science LeTourneau University AWARDS & GRANTS HISD Tech Star Teacher Award 2013 Education Foundation $5,000 Grant Holocaust Museum Field Trip 2012 SUMMARY Every student deserves to learn from a team of teachers who love learning and coaching kids through engaging experiences. With my background as a teacher, gifted/talented services coordinator, and department chair in both East and South Texas, I aim to continue providing students with an authentic educational experience as a school administrator and leader of learning. LEADERSHIP ROLES Department Chair- English Language Arts & Reading Grades 7-8 Gregory -Portland Junior High 2017 Gifted/Talented Campus Coordinator Gregory -Portland Junior High 2015-2017 Lead Teacher- Sophomore English Language Arts Henderson High School 2011-2013 Longview/Tyler Municipal Liaison National Novel Writing Month 2011-2013 TEACHING EXPERIENCE 7th Grade ELAR Regular and Advanced Gregory -Portland Junior High School 8th Grade STAAR Remediation Henderson Middle School 9 -12th Grade Speech Communications & Teen Leadership Henderson High School 10th Grade Regular and Pre -Advanced Placement Henderson High School 10 -12th Grade Creative Writing Elective Henderson High School KRISTEN PRESENTATIONS B.Y.O.D. in the ELAR Classroom Region 7 ESC Technology Conference iPads in the Classroom HISD Tech Tuesday Sessions How to Write a Novel in 30 Days East Texas Writers Association PUBLICATIONS Wonder of Men: The Life and Times of A.G. Kirchner Biography written after being contracted by the Kirchner family which took several months of interviews and historical research to complete. 2008 Tales of Taneslan Middle grade fiction novel drawing upon my experiences of world cultures in my travels through over 20 countries. 2006 CURRICULUM & PROFESSIONAL ACTIVITIES ENGLISH LANGUAGE ARTS & READING Henderson High School Gregory -Portland Junior High School • Member of South Texas Curriculum Consortium writing team • Served on Site -Based Decision Making committee, Campus Improvement Plan Committee, and • Piloted BYOD & iPads program • Led PLC in goal -setting, vertical alignment, and resource adoption • Developed a data disaggregation tool for spiral re -teaching and targeted intervention • Incorporated project -based teaching • Utilized standards-based grading • Modeled 21st century technology -rich classroom lessons • Planned rigorous Advanced ELAR lessons utilizing TEKS, data, and GT standards GIFTED/TALENTED Gregory -Portland Junior High • Re -structured G/T pull out program. • Served as the campus G/T entrance testing administrator • Maintained G/T entrance, exit, and progress paperwork. • Led G/T stakeholder committee for end of the year program evaluation • Organized student -led action research project over active seating • Organized yearly public showcase • Mentored genius Hour Passion Projects from robotics to novel -writing • Coached teachers on differentiation with projects for the gifted student • Initiated student cultural exchange with Pakistan • Model lessons to colleagues. CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Feb 19, 2019 Profile Dr. Jack Prefix First Name jmsouthard@delmar.edu Email Address 4117 Tripoli Drive Street Address Corpus Christi City What district do you live in? * 17 District 5 Current resident of the city? M Southard Middle Initial Last Name c' Yes C No 14 years If yes, how many years? Home: (361) 888-5110 Primary Phone Del Mar College Employer 101 Baldwin Blvd. Work Address - Street Address and Suite Number (361) 698-1224 Work Phone jmsouthard@delmar.edu Work E-mail address Preferred Mailing Address Business: (956) 465-6244 Alternate Phone Associate Professor of Chemistry & Chairman / Dept. of Natural Sciences Job Title 17 Work Address Which Boards would you like to apply for? MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD: Submitted TX State 78411 Postal Code Dr. lack M Southard Pane 1 of 4 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) College Professor 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? To be an advocate for our museum. 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? ✓ Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes No Does your employer or your spouse's employer have a City contract? ✓ Yes c' No Dr. Jack M Southard 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 No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board -specific questions (if applicable) Question applies to 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? * �J K - 12 Education 17 Higher Education rJ Background in science, technology, engineering or math Dr. Jack M Southard Pane 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. l 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 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 Dr. lack M Southard Pane 4 of 4 Jack M. Southard Associate Professor of Chemistry Chairman, Dept. of Natural Sciences Del Mar College Corpus Christi, Texas 78404 jmsouthard@delmar.edu (A) PROFESSIONAL PREPARATION Texas A&I University Texas A&I University Texas A&M University (B) APPOINTMENTS 2009 -Current 2005-2009 2000-2005 1991-2000 1988-1990 Kingsville, TX Kingsville, TX College Station, TX Chemistry/Math Chemistry Chemistry B.S., 1985 M.S., 1990 Ph.D., 1997 Associate Professor of Chemistry, Del Mar College Assistant Professor of Chemistry, Texas A&M University - Corpus Christi; Organic Chemistry Assistant Professor of Chemistry, The University of Texas at Brownsville; Organic Chemistry & General Chemistry Texas A&M University, College Station, TX Faculty / Organic Division Graduate Research Assistant Graduate Teaching Assistant Texas A&I University, Kingsville, TX Graduate Research Assistant (2 semesters) Graduate Teaching Assistant (4 semesters) 1989 Adjunct Chemistry Instructor, Del Mar College, Corpus Christi, TX1988 1988 R&D Chemist (intern); Hoechst -Celanese Technical Center, Corpus Christi, TX (C) PUBLICATIONS 1. "A Formal Synthesis of (+)-Muricatacin from L -Tartaric Acid" Southard, J. M; Sears, N.,L. Texas Journal of Science 2007, 59(4), 301-304. 2. "A•Formal Synthesis of Thymine Polyoxin C" Southard, J. M.; Harding, K.E. Tetrahedron: Asymmetry 2005, 16, 1845-1854. 1 3. Stereoselective Synthesis of 4-(Aminoalkyl)-2-Butenolides; A Formal Synthesis of Thymine Polyoxin C Southard, J. M. Ph.D. Dissertation, Texas A&M University, 1997. 4. The Synthesis and Complexation of N-Phenylethylhydroxy-N-Ethylenediamine" Southard, J. M. Thesis, Texas A&I University Press, 1990. (D) SYNERGISTIC ACTIVITIES 1. Wrote Faculty Research Enhancement Award during the spring of 2008. Research funds ware approved to pay for undergraduate stipends, supplies, and travel. 2. Wrote Departmental Grant proposal for Robert A. Welch Foundation during fall of 2006. Research funds were approved to pay for undergraduate stipends, supplies, and travel. 3. Co -wrote proposal with three colleagues to Robert A. Welch Foundation during fall of 2004. Research funds were granted to pay for undergraduate stipends, supplies, and travel. 4. Served as a co -PI for USDA grant with Dr. Eliezer Louzada at the TAMUK Citrus Center located in Weslaco, Texas. 5. Successfully rewarded funds from AMP (Alliance for Minority Participation); these funds are managed by UTEP and are earmarked for members of the UT -System. 2 CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Nov 01, 2018 Profile Kathy Werner First Name Last Name Email Address 518 PEERMAN Place Street Address CORPUS CHRISTI City What district do you live in? * 17 District 2 Current resident of the city? C• Yes r No 68 It yes, how many years? Home: (361) 853-7034 Primary Phone CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT Mobile: 361-215-1329 Alternate Phone SUBSTITUTE Employer Job Title Work Address - Street Address and Suite Number Work E-mail address Preferred Mailing Address 17 Home/Primary Address Which Boards would you like to apply for? MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD: Submitted TX State 78411 Postal Code Interests & Experiences Kathy Wemer Pane 1 of 4 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) RETIRED TEACHER BS IN EDUCATION FROM TEXAS A&I UNIVERSITY IN KINGSVILLE, TEXAS 1st VICE -PRESIDENT -CORPUS CHRISTI AREA HERITAGE SOCIETY RETIRED TEACHER'S ASSOCIATION NUECES COUNTY HISTORICAL SOCIETY AND COMMISSION TEXAS TROPICAL TRAILS Why are you interested in serving on a City board, commission or committee? I've been an advocate for history most of my life. I want to be involved with the Museum in restoring and preserving the history of our area. 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 c No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes 0 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 0 No Kathv Werner Pane 2 of 4 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Not Applicable. Board -specific questions (if applicable) Question applies to MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD The Museum of Science & History Advisory Board must include representatives from certain categories. Do you qualify for any of the following categories? * 17 K - 12 Education 17 Higher Education 17 Community Advocate Kathy Werner Pane 2 of 4 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 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 I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Kathy Werner Pane 4 of 4 OIL AND GAS ADVISORY COMMITTEE *Five (5) vacancies with terms to 12-31-2019, 12-31-20 and 12-31-21, representing the following categories: 2 - General Public, 2 - Oil Industry and 1 - Alternate (General Public). (The board has a policy of requesting the appointment of the Alternate member to fill a vacant position and a new person to fill an Alternate position.) (Mayoral appointment subject to confirmation by Council). Composition Eight (8) persons who are residents of Corpus Christi: three (3) members from the oil and gas well industry; three (3) members from the general public who are not connected with the oil and gas well industry; and two (2) alternates: one (1) from the general public to serve in the absence of a public member, and one (1) from industry to serve whenever an industry member is absent. Public members shall be appointed by the Mayor with approval of the Council; industry members shall be appointed by the Mayor with approval of the Council from those persons nominated by the oil and gas well industry. Not later than one month after occurrence of a vacancy in the position of such a member, any lessee may nominate one person from his or its own organization for the position of industry member of the committee. Such members of the committee shall be appointed from such nominees. In making such appointments, the mayor shall give due consideration to the extent of interest owned by each lessee making a nomination. In the event that no such nomination is submitted or, in the event no person so nominated is appointed and approved, the mayor shall appoint any person he/she deems suitable with the approval of the council to fill the position of industry member on the committee. Members are appointed for three-year terms ending December 31, and may succeed themselves. Meetings are called by the Chairman or any three (3) members of the Committee within specified time limits. Four members constitute a quorum. The committee annually elects its own Chairman and Vice -Chairman. Members receive no compensation for their services. Name *Gary Meurer Term 2 Appt. date 4/12/2011 End date 12/31/2017 Appointing Authority Mayor with Council Confirmation Position Term Completed Status Met six year service limitation Category General Public Attendance *John W Newman 1 12/8/2015 12/31/2017 Mayor with Council Confirmation Active Seeking reappointment Oil Industry No meetings in 2018 *Eucharia Igwe 1 9/27/2016 12/31/2018 Mayor with Council Confirmation Active Seeking reappointment Alt, General Public No meetings in 2018 *Patrick Mccullough 2 7/20/2010 12/31/2018 Mayor with Council Confirmation Term Completed Met six year service limitation Oil Industry *Elizabeth Perez 2 12/8/2015 12/31/2019 Mayor with Council Confirmation Resigned Resigned General Public Armando Mendez 2 12/8/2015 12/31/2019 Mayor with Council Confirmation Active AIt.,Oil Industry William Moffitt 2 7/17/2012 12/31/2019 Mayor with Council Confirmation Active Oil Industry Randy Schnettler 2 7/17/2012 12/31/2019 Mayor with Council Confirmation Active General Public OIL AND GAS ADVISORY COMMITTEE Applications Name District Category Margareta Fratila District 3 General Public Craig C Hebner District 1 General Public Alex R Ortiz District 4 General Public Bradley Strayer District 2 General Public Mimosa Thomas District 2 Not Connected with Oil and Gas Well Industry CITY OF CORPUS CHRISTI Submit Date: Jan 11, 2019 Application for a City Board, Commission, Committee or Corporation Profile Margareta First Name Email Address 3606 TRIPOLI DR. Street Address CORPUS CHRISTI City What district do you live in? * l District 3 Current resident of the city? r Yes r No 36 If yes, how many years? Home: (361) 851-9418 Primary Phone Fratila Last Name Home: (361) 739-3029 Alternate Phone EUROPEAN FLORAL DESIGNS OWNER Employer Job Title 3230 REID DR. #F Work Address - Street Address and Suite Number CORPUS CHRISTI Work Address - City TX Work Address - State 78404 Work Address - Zip Code 361-852-0471 Work Phone Work E-mail address TX State 78415 Postal Code Marnareta Fratila Pane 1 of 6 Preferred Mailing Address 17 Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted CRIME CONTROL & PREVENTION DISTRICT: Submitted ETHICS COMMISSION: Submitted HOUSING AUTHORITY: Submitted MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD: Submitted NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted ISLAND STRATEGIC ACTION COMMITTEE: Submitted AIRPORT ZONING COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME Why are you interested in serving on a City board, commission or committee? Upload a Resume Demographics Gender I"J Female Code of Ethics - Rules of Conduct/Conflicts of Interest Marnareta Fratila Pane 2 of 6 Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes No Does your employer or your spouse's employer have a City contract? ✓ Yes 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 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. Board -specific questions (if applicable) 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? * (J None of the above Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) t•' Yes r No Marnareta Fratila Pane 3 of 6 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? ✓ Yes No Question applies to ISLAND STRATEGIC ACTION COMMITTEE ISAC must include representatives from certain categories. Do you qualify for any of the following categories? * 17 Residential Property Owner (Who owns property and resides on Mustang or Padre Island) Question applies to MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD The Museum of Science & History Advisory Board must include representatives from certain categories. Do you qualify for any of the following categories? * 17 K - 12 Education 17 Higher Education 17 Business Community 17 Community Advocate Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (For NCAD) Are you a resident and qualified elector* of the District (Nueces County)? c' Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (NCAD) Have you resided in the District for at least 2 years? ✓ Yes r No 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? * 17 None of the above Marnarete Fratila Pane 4 of 6 Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 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 Marnareta Fratila Pane 5 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. p I Agree Marnareta Fratila Pane f of 6 MARGARETA FRATILA, MBM, TMF Master of Science in Horticulture 3606 Tripoli Dr. Corpus Christi, TX 78415 Office: 361-851-9418 Mobile:361-739-3029 Email: Education: ■ Master of Science in Horticulture and Agriculture Degree from Horticulture University of Bucharest, Romania. ■ Master of Art Degree in Business Management and Human Resources Development, Webster University, St. Louis MO and Corpus Christi State University ■ Corpus Christi State University (Texas A&M University -Corpus Christi) work toward Certification in secondary education and high school and MBA program. o Life Earth Science o Biology, Horticulture o French ■ Texas Master Florist and Professional Floral Design Commentator, International Bridal Florist Certification. ■ Floral Design and Management Certifications at Del Mar College ■ Certified Mediator for Nueces County Courthouse ■ Official Translator for Nueces County Courthouse ■ Deville Business School -Secretarial and Business office filing ■ Stephan Ministry trained as a Stephan Leader at Church of the Good Shepherd, Corpus Christi, TX. ■ Church of Acts- Class of the Prophets, one year class ■ Certified preacher, Evangelist, Healer, Missionary ■ Real Estate Institute in Corpus Christi, TX enrolled (three classes from completing the requirements to take Real Estate Broker Examination) Honors and Achievements: ■ Recipient of Republican Senatorial Medal of Freedom, 2004 ■ Life Member of Republican Senatorial Inner Circle and Presidential Round Table • Member of Texas State Society of Washington D.C. o Organized three Texas "Black Tie and Boots" Presidential Inaugural ball o Participated in five Presidential Inaugurations • Member of Republican Women's Club • Feature and Keynote Speaker at various schools, churches, and organizations such as: o Texas Federation of Republican Women o Republican Women's Club, Conroe TX o Knights of Columbus, Fourth Degree, Conroe, TX o Speaker for elementary schools, three high schools, and other city organizations • Corpus Christi Christians Women's Club, Past Chairman of Events • Producer of two television shows on local Channel 10 public Access • Weekly Adoration at the Our Lady of Corpus Christi • Member of the League of Womens Voter ■ Member of Friday Morning Group • Participated in five Republican National and State Conventions • Past Director of the three city Boards: o Library Board o Tree Advisory o Landmark commission ■ Candidate for City Council 2014,2016 • CASA Volunteer Employment History: 1983 -Present Friday February 13, 1983 my dream to open my own business comes true. I became owner and CEO of Margaret's Greenhouse and European Floral Design. Full Service flower shop, interiorscaping, and landscaping with instruction in Floral design and Horticulture. Teaching Flower Design on premises or in television. 2010 -Present. Business Consultant for various small businesses, Medical Offices, Real Estate Investments 2011- Producer of "Flower Talks - The Language of Love" with Margareta and "Bright Star -The Magic Romanian Matchmaker of All." The shows are produced and aired weekly (so far we have over 160 episodes aired) Feb 16, 1881 Immigrated to Untied States -became citizen in 1990 Feb 161982 arrived in Corpus Christi TX, crossing the Harbor Bridge penniless, but with a big dream that it was accomplished and I am looking forward to help our citizens to accomplish their dreams and live in a safe and pleasant environment. Personal: Proud Mother of two children and four grandchildren Languages spoken: Romanian, French, English, Russian, Latin, German Dreams and Aspirations Writer of the book in progress, "A Flight to Freedom," to be followed by a motion picture cast in Romania, Corpus Christi, TX and other world places. When finalized and approved by publisher and producer as being ready I will present it to the George W. Bush Presidential Library in Dallas, where I am a Charter Member, for signing and fundraising for the "Fight to Freedom" section helping with the fundraising for other immigrants who will want to share their life story of struggle and success. The book is a real life motivational story of my own struggles and success as an immigrant, to follow and accomplish my dream in the free world. http://www.ustrearmtvirecorded/652159 Skills and Trades: • Sociable and Personable to the Extreme ■ Personal Advisor and Counselor • Fantastic Promoter and Social Events Organizer • Network "QUEEN" (as I am known) • Extremely versatile in protocol, good manners and people skills • Negotiator and peace maker ■ Knowledge of people characters and body language ■ Proved success in leadership abilities and business management adviser • My principles and moral values are timeless and endless, therefore I have many followers of my principles, everyday, in every areas of their life. ■ Stephen Leader -Stephen Ministry trained to teach God's care for caregivers. Goals and Ambitions: To share my diversified knowledge with the people of all races, colors and religions, as long as they comes here in the USA, from all over the word in a purpose to overcome their struggle through education, beliefs, and following their dreams of freedom with hard work and faith. I want to serve the people in Corpus Christi, the city that I love and its citizens where they become my adoptive family. My message is that KNOWLEDGE IS POWER and each and every American should appreciate and look to this country through the eyes of an immigrant. MAY GOD BLESS AMERICA, and KEEP IT ALWAYS FREE!!! References By Request CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2018 Application for a City Board, Commission, Committee or Corporation Profile Craig C Hebner First Name Middle Initial Last Name 41110.400 Email Address 4217 Clear Fork Dr. Street Address Corpus Christi City What district do you live in? * f7 District 1 Current resident of the city? 0' Yes r No 37 If yes, how many years? Mobile: (361) 585-0127 Business: (361) 271-7466 Primary Phone Alternate Phone Habitat forHumanity-_ _ Project Manager Employer Job Title Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas --...----.__.---...-------- Work Address - State 3618666719 Work Phone Craig_Hebner@Overheaddoor.com_ Work E-mail address Preferred Mailing Address 17 Home/Primary Address TX State 78410 Postal Code Crain C Hehner Pane 1 of 5 Which Boards would you like to apply for? AIRPORT BOARD: Submitted BUILDING STANDARDS BOARD: Submitted CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) Trustee on Board of Directors for Wood River Home Owners Association Why are you interested in serving on a City board, commission or committee? I believe that everyone has the responsibility to better their environment both for themselves and their children. 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? r Yes r No Crain C Hehner Pane 2 of 5 Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r No Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes 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 BUILDING STANDARDS BOARD The Building Standards Board must include representatives from certain categories. Do you qualify for any of the following categories? 17 None of the above Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? • Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided in the City for at least 3 years? ✓ Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? ✓ Yes r No Craig C Hehner Pane 3 of 5 Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? Yes r No Question applies to CLEAN CITY ADVISORY COMMITTEE The Clean City Advisory Committee must include representatives from certain categories. Do you qualify for any of the following categories? * 17 None of the above 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? * 17 Not Connected with Oil and Gas Well Industry Question applies to WATER RESOURCES ADVISORY COMMITTEE The Water Resources Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? * 17 Residential Customer and Home Owner of City's Water System 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 Crain C Hehner Pane 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. I'J I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. P I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. �J 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 Crain C Hehner Pane 5 of 5 Craig C. Hebner 4217 Clear Fork Dr Corpus Christi, TX 78410 361-585-0127 Highlights • Work tasks have required a high level of multitasking and organization • Previous and current positions have enabled me to gain experience in leadership and training • Extremely adaptable to changing environments and highly productive in fast pace environments • Self starter and have a high level of expectations of work quality Work Experience Chicago Bridge & Iron Portland, TX February 2015 — Current Construction Manager Construction Manager • Assist in managing $2 billion dollar project by scheduling the project in logical, efficient steps and budget time required to meet deadlines • Determine labor requirements and dispatch 500 to 600 workers to 10-12 different construction sites • Inspect and review projects to monitor compliance with building, safety, and other dictating codes • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors • Interpret, explain plans and contract terms to administrative staff, workers, and clients representing the owner or developer • Obtain all necessary permits and licenses averaging 10-20 permits per month and 10-15 certifications • Direct and supervise 5 direct staff members and 500-600 contractors • Study job specifications to determine appropriate construction methods • Requisition $200k to $500k of supplies and materials to complete construction projects • Prepare and submit budget estimates and progress / cost tracking reports • Develop and implement quality control programs • Take actions to deal with the results of delays, bad weather, or emergencies at construction sites • Confer with supervisory personnel, owners, contractors, and design professionals to discuss and resolve matters such as work procedures, complaints, and construction issues. • Plan, organize, and direct activities concerned with the construction and maintenance of structures, facilities, and systems • Investigate damage, accidents, or delays at sites, to ensure that proper procedures are being carried out • Evaluate construction methods and determine cost-effectiveness of plans Tornado Production Services Orange Grove, TX 2013 — January 2015 Supervisor of Training & Special Projects Special Projects Supervisor: • Lead job site engineer assigned to manage logistics and personnel on various job sites • Evaluate Erection & Site Plans to determine proper personnel, job site equipment, and materials needed • Prior to arrival on job site, prepare and coordinate safety training and procedures required by customers and governmental agencies • Organize strategic project meetings to ensure all parties involved are aware of individual responsibilities and expectations • Prior to any rigging of equipment, survey area for any hazards or obstacles • Oversee erection of equipment and preparation of all materials according to site and project plans • Manage the project from beginning to completion. Mitigate any and all diversions from original project plans due to unforeseen circumstance (ie: weather, equipment failure) • During project duration, accurate reports and detail logs are meticulously maintained to ensure proper billing, inventory control, and project completion analysis • Conducts debriefing meeting to evaluate personnel, material, and equipment performance • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Test/develop new techniques for broadening variety of well demands Supervisor of Training • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • Certify junior personnel to become engineers • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Oilstates Performance Fluids 2009-2012 Lead Engineer Alice, TX • Lead job site engineer assigned to manage logistics and personnel • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Tetra Technologies Fluid & Mud Engineer 2007-2009 Alice, TX • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Running and maintaining chemical and mud mixing plants • Manage dilution of chemicals and track inventories of both liquid and dry chemicals • Analyze samples of fluids and formations to troubleshoot well -bore problems Bronco Oilfield Services Hydraulic Choke Operator 2003-2007 Corpus Christi, TX • Monitor the gas well utilizing sensitive gauges and instruments to control the release of pressure using hydraulic chokes and valves • Repair and maintain manual and hydraulic valves, position sensors, and analog/digital gauges • Maintain hydraulic accumulators, compressors, and generators • Regular use of tools including but not limited to impacts, hydraulic wrenches, machinery, and heavy equipment United States Marine Corps Infantry 1998-20022 Camp Pendleton, CA • Lead and direct fire missions in support of ground troops • Provide intelligence of targets, casualty estimations • Combat, close with, and destroy hostile targets using an assortment of munitions, small arms, fire, movement, and concealment Education, Certifications, & Training Nuclear, Biological, & Chemical Warfare Combat Lifesavers Course Combat Controller Basic EMT Course Range Safety Officer Heavy Equipment Operators Course School of Infantry Marine Corps Leadership School Flight Deck Safety Course Crane & Riggers Course Offshore Safety Certification A.R.C. CPR and First Aid Certification CUDD Firefighting School CUDD Well Control School H2S Certification Tetra Mud School Tetra Well Control School Fluid Engineer School Defensive Driving Plant Operations Course PEC SafeGulf PEC SafeLand Offshore Safety Certification IADC Global Leadership Course Forklift Certification Rig Pass HSE Safety References Available Upon Request CITY OF CORPUS CHRISTI Submit Date: Dec 02, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr. Alex R Ortiz Prefix First Name Middle Initial Last Name alex@eco-sci.org Email Address 14427 Compass St B17 Street Address Suite or Apt Corpus Christi TX City State What district do you live in? * ('J District 4 Current resident of the city? r Yes r No .5 If yes, how many years? Mobile: (512) 923-4487 Home: (512) 923-4487 Primary Phone Alternate Phone Tulane University_ Law School JD Candidate Employer Job Title 6329 Freret St Work Address - Street Address and Suite Number New Orleans Work Address - City Louisiana Work Address - State 70118 Work Address - Zip Code aortiz4@tulane.edu Work E-mail address Preferred Mailing Address I•J Home/Primary Address 78418 Postal Code Mr. Alex R Ortiz Pane 1 of S Which Boards would you like to apply for? OIL AND GAS 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) BA Linguistics from New York University JD Candidate at Tulane University Law School Co -Founder, Executive Director, and Board Chair of Eco -SCI Why are you interested in serving on a City board, commission or committee? Growing up in Corpus Christi as a child, the beach and Gulf Coast were integral to my upbringing. So much so that it has driven me to pursue a JD concentrated in Environmental Law, and founded a 501(c) (3) nonprofit organization dedicated to environmental protection. My undergraduate studies in Marine Ecology and Anthropology have also made me an effective communicator, an expert in conflict resolution, and very dedicated to sustainable development. I have also noticed that this committee is split with 3 members being industry members, and 3 members being non -industry members, but without specific intent to include environmental concerns. In my duties in working with Eco -SCI, my Marine Pollution studies, and my time interning at the Gulf Restoration Network, I have realized that I have a great deal of skills that could effectively benefit the Oil and Gas Advisory Committee. Despite often being out of town for law school, I make a point of spending time in Corpus out on the bay with my family. 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? r Yes c No Mr. Alex R Ortiz Pane 2 of 5 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 r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board -specific questions (if applicable) Question applies to 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? * p Not Connected with Oil and Gas Well Industry Mr. Alex R Ortiz Pane 3of5 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. rJ 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 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 Mr. Alex R Orti7 Pane 4of5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. CJ I Agree Mr. Alex R Ortiz Pane 5of5 EDUCATION Alex R. Ortiz 2312 Nashville Avenue, New Orleans, LA. 70115 aortiz4@tulane.edu; alex@eco-sci.orq; (512) 923-4487 Tulane University Law School New Orleans, LA Juris Doctor May 2020 (expected) Honors: Partial -Tuition Honors Scholarship Activities: Environmental and Energy Law Society, Upcoming 24th Tulane Environmental Law and Policy Summit Panelist New York University New York, NY Bachelor of Arts, Linguistics December 2016 Activities: NYU Chorale, NYU Concert Band (including soloist work on French Horn), League of Linguistics Students, Independent Study on Texan Syntax. EXPERIENCE The Ecological Sciences Communication Initiative - Corpus Christi, TX Executive Director & Board Chair - February 2018 - Present Co-founded a 501(c)(3) non-profit initiative, Eco -SCI. aiming to educate the public about ongoing environmental issues and how those issues affect their everyday lives, as well as policy work through public notice and comment periods. Tulane Environmental Law Clinic — New Orleans, LA Research Assistant — Summer 2018 Performed routine work including filing as well as extensive case research to benefit the clinic's clients, primarily focusing on the Resource Conservation and Recovery Act and Endangered Species Act Gulf Restoration Network — New Orleans, LA Legal Intern — September 2017 – December 2017 Reviewed public commentary on various legal issues pertaining to the Clean Water Act. Also provided policy analysis on NPDES permit applications, the most recent Triennial Review of LDEQ nutrient criteria, and the most recent report from the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force. Flat Creek Estate Winery and Vineyard — Marble Falls, TX Floor Manager / Wine Guide — June 2015 - August 2017 Responsible for primary client interaction, managing the floor of an upscale restaurant, and performing educational wine tastings (primarily including Spanish and Italian varietals grown in TX.) Office of State Senator Wendy R. Davis — Austin, TX Legislative Intern — Summer 2014 Responsible for drafting policy memos (for both intra and inter -office use) as well as keeping notes in several policy areas. Also represented the Senator's office at Interim Senate functions, engaged in constituent relations, as well as performed routine administrative work. SKILLS AND INTERESTS Public Speaking, Policy Analysis, English and Spanish languages (natively fluent), Theoretical Syntax, Slam Poetry, Music Composition, Piano and French Horn Performance, Wine. 2312 Nashville Ave. New Orleans, LA. 70115 (512) 923-4487 CITY OF CORPUS CHRISTI Submit Date: Mar 28, 2018 Application for a City Board, Commission, Committee or Corporation Profile Bradley Strayer First Name Last Name 41.10.004106010 Email Address 614 Wilshire PI Street Address Corpus Christi City What district do you live in? * 17 District 2 Current resident of the city? rYesC No 24 If yes, how many years? Mobile: (361) 813-8881 Primary Phone Mobile: (361) 813-8881 Alternate Phone Keller Williams Coastal Bend Realtor Employer Job Title 4518 Everhart Rd., Ste 101 Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78411 Work Address - Zip Code bradley@strayerteam.com Work E-mail address Preferred Mailing Address r✓ Home/Primary Address TX State 78411 Postal Code Bradley Strayer Pane 1 of 4 Which Boards would you like to apply for? OIL AND GAS ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Education, Professional and/or Community Activity (Present) I hold a BBA in Finance from TAMU-CC, and in addition to being a licensed Realtor, I am also a certified Texas Residential Leasing Specialist. As for community involvement, I currently serve as a Court Appointed Special Advocate (CASA). Why are you interested in serving on a City board, commission or committee? Corpus Christi is my hometown and the city that I plan on living in for years to come. This has given me the desire to do more for the community, and has made me want to get more involved in local issues that affect us all. I have the time and desire to serve the city in a greater way, which is why I am currently applying. 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? ✓ Yes c' 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 r• No Bradley Strayer Pane 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. N/A Board -specific questions (if applicable) 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? * p Not Connected with Oil and Gas Well Industry Bradley Strayer Pane 2 of 4 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 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. l7 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 Bradley Strayer Pane 4 of 4 Bradley L. Strayer 614 Wilshire Place Corpus Christi, TX 78411 361-813-8881 gimmolewassowasmif EXPERIENCE Realtor Keller Williams Coastal Bend 4518 Everhart Rd., Ste 101, Corpus Christi, TX 78411 September 2016 - Present I work with Strayer Team Realty as a realtor, representing both buyers and sellers in the Coastal Bend. Operations Manager MCLOBA Partners, LTD. / US Gold Firm Portland, TX 78374 Supervisor: Troy Snody March 2011 - October 2016 I managed and oversaw the overall daily operations of the business. This included, but is not limited to, the following: • Purchase of products • Manage inventory • Hedge all bullion merchandise based on the current spot prices of gold, silver, and platinum • Oversee and direct shipping department • Oversee and direct marketing department • Manage website pricing, product availability, and product information EDUCATION Texas A&M University -Corpus Christi 6300 Ocean Drive, Corpus Christi, TX 78412 Bachelor in Business Administration Graduated, December 2015 Major: Finance GPA: 3.8 / 4.0 Magna Cum Laude Dean's List SKILLS • Proficient in using Microsoft Excel, PowerPoint, Word and Outlook • Experienced in inventory management • Experienced in developing and implementing new strategies to increase efficiency • Experienced in work flow and process management • Ability to multitask while remaining organized • Able to learn new computer programs and systems quickly ACTIVITIES Volunteer Work • CASA of the Coastal Bend - I serve as a Court Appointed Special Advocate (CASA). I get appointed by the court to advocate for the best interest of a child while they are in the custody of the state. • The Station - an organization dedicated to assisting with the needs of homeless people in Corpus Christi • Young Life - worked with high school students on a weekly basis and through camps during the summer and winter breaks • Work with various other organizations in Corpus Christi. Homelessness, foster care, and youth mentorship are a few areas where I have and continue to volunteer my time References available upon request. CITY OF CORPUS CHRISTI Submit Date: Feb 01, 2019 Application for a City Board, Commission, Committee or Corporation Profile Mimosa First Name il~ Email Address 710 Ponder St. Street Address Corpus Christi City What district do you live in? * 17 District 2 Current resident of the city? l: Yes C No 23 If yes, how many years? Mobile: (361) 548-1348 Primary Phone N/A Employer N/A Work Address - Street Address and Suite Number N/A Work Address - City N/A Work Address - State N/A Work Address - Zip Code N/A Work Phone mimosa.thomas01@utrgv.edu Work E-mail address Thomas Last Name Home: (361) 855-0925 Alternate Phone Full Time Student - Master of Public Affairs Job Title TX Stale 78404 Postal Code Mimosa Thomas Page 1 of 5 Preferred Mailing Address Fit Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted REGIONAL HEALTH AWARENESS BOARD: Submitted Interests & Experiences Are you a registered voter? t•' Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) 2014 Buc Days Contestant Bachelor of Science in Biology, Minor in Chemistry, Pre -medical track Dean's List, Magna Cum Laude Guerra Honors Program Graduate, Thesis track University of Texas Rio Grande Valley, Edinburg TX Master of Public Affairs, Accelerated Online track (Remote, in progress) Dale Carnegie Course Graduate, Corpus Christi, TX Friends' Committee on National Legislation General Committee (Governing Board) Member Texas delegate - World Association of Girl Guides and Girl Scouts (WAGGGS) Corpus Christi Immigration Coalition (Member) If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. CIVIL SERVICE BOARD 2. OIL AND GAS ADVISORY COMMITTEE 3. REGIONAL HEALTH AWARENESS BOARD Why are you interested in serving on a City board, commission or committee? 1. CIVIL SERVICE BOARD I feel it is critically important that civilian citizens have input on these civil service issues. I also do not think it is okay that the city's youth is being excluded from this board. I looked into the city charter and could not find any language pertaining to the civil service board that mandated that members had to be of 25 years of age or older. I could only find that language for the very similar Civil Service Commission. Since the commission and board share essentially the same duties and have the exact same three members, I can see why there might be some confusion. However, I see no legal reason within the city laws to prohibit myself, a 23 year old, from serving as an alternate on this board, and given that these seats have been unfilled for quite some time, I hope that you will review the charter and consider my request. It is not often that a 23 year old is passionate enough about an issue to pour through city documents to determine their legal eligibility for a non-voting alternate seat on an obscure city board - but I REALLY care about this. 2. OIL AND GAS ADVISORY COMMITTEE I care deeply about our community's environmental safety and prosperity and would very much value the chance to offer my citizen input from the perspective of someone outside of the industry. 3. REGIONAL HEALTH AWARENESS BOARD I feel that my educational background in Biology and Public Administration would make me a useful member of this board. Mimosa Thomas Page 2 of 5 Upload a Resume Demographics Gender Pr 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 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 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 t•' No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board -specific questions (if applicable) Mimosa Thomas Page 3 of 5 Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided in the City for at least 3 years? ✓ Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? ✓ Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? ✓ Yes r No 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? * pr Not Connected with Oil and Gas Well Industry Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Verification Mimosa Thomas 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. 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 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. J7 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 6l I Agree Mimosa Thomas Page 5 of 5 EDUCATION: University of Texas Rio Grande Valley, Edinburg TX Bachelor of Science in Biology, Minor in Chemistry, Pre -medical track Guerra Honors Program Graduate, Thesis track University of Texas Rio Grande Valley, Edinburg TX Master of Public Affairs, Accelerated Online track Texas Freedom Network Summer Academy, Austin TX Intensive training in grassroots organizing, power building, and state legislative processes FCNL Washington Summer Intensive, Washington D.0 Intensive training on citizen lobbying, effective media tactics, and Capitol Hill procedures Dale Carnegie Course Graduate, Corpus Christi, TX Professional development course to enhance communication and soft skills EXPERIENCE: May 2018 Dean's List, Magna Cum Laude August 2018- July 2019 (Remote, in progress) July 2015 July 2016 March 2014 HONORS/AWARDS Hector P. Garcia Scholar Texas Freedom Network "Chapter of the Year Award" Girl Scouts Global Action Award Texas delegate - World Association of Girl Guides and Girl Scouts (WAGGGS) 2012 Girls' World Forum Girl Scout Gold, Silver, and Bronze Awards TX 2016 State Democratic Convention Repro Health Panelist TX Senate District 20 2016 State Democratic Convention Resolutions Committee Friends' Committee on National Legislation (FCNL) September 2016 - May 2017 Advocacy Corps Member -The Advocacy Corps is a 9 month-long program where young adults between the ages of 19-30 get paid to organize their local community around federal legislation. Advocacy Corps organizers connect local activists and leaders with their local member of Congress to affect big, long-term change. During the course of this program, Advocacy Corps organizers learn critical organizing skills and put them into practice with hands-on leadership experience* • Organized diverse groups of people across the state of Texas to lobby their elected officials in -district on Immigration policy, facilitating a total of 59 direct lobby visits between constituents and their MOCs. Utilized effective media strategies (press conferences, op-eds, and social media) to build momentum and response around urgent immigration -related situations as they arose in real time under the Trump administration Mobilized citizens across Texas to reach their members of congress through effective media, particularly MOC-targeted op-eds and LTEs, resulting in 27 pieces of published constituent media deliverables on immigration policy. Pioneered an "Action Alert" model still in use by FCNL for mobilizing constituents to write and publish LTEs, streamlining the process by providing a user-friendly template and automatically directing constituents to their local paper's LTE submission forms. • Led a delegation of Texans to lobby their MOCs for criminal Justice reform on Capitol Hill during FCNL's Annual Meeting • Led a delegation of young adults from Texas to lobby their MOCs on Capitol Hill against repealing the ACA in March of 2017 Texas Freedom Network (TFN) Paid Campus Organizer - University of Texas Rio Grande Valley December 2014- May 2016 Acted as president of the UTRGV TFN student chapter, duties included organizing and leading chapter meetings, recruiting and training members, registering voters, organizing students and community members around protests and direct action, leading GOTV efforts in election seasons, managing organization social media accounts, and establishing relationships with local media, community non -profits, and politicians to advance progressive policies. • Organized a National Voter Registration day rally where my volunteers and I registered over 500 new student voters. • Coordinated "Justicia!" - a community health fair and art -walk around the theme of Reproductive Justice to increase awareness and access to services in the community Organized and coordinated a reproductive justice regional training with the National Latina Institute for Reproductive Health, with expert speakers and presenters from various advocacy organizations from across the state. Led delegations of young adults to statewide lobby days to advocate for reproductive justice at the Texas Legislature. The Corpus Christi Immigration Coalition Policy Chief (Volunteer Position) • Organized rapid grassroots response to new immigration enforcement and laws within the Coastal Bend community • Organized lawyers and venues to host "know your rights" trainings for the undocumented community • Introduced and advocated for pro -immigrant resolutions and polices on local (school board, city, and county) levels • Organized faith groups, business owners, and other special interests to campaign against Texas's anti -immigrant SB4 bill. January 2017- Present The Progressive Young Democrats at UTRGV September 2014 - May 2018 President, Founder • Capitalized on the momentum of the Wendy Davis campaign to establish a new and badly needed Young Democrats chapter on my campus • Led a delegation of young people from the Rio Grande Valley to attend the 2016 Texas State Democratic Convention as voting delegates. All members of the delegation ran for and won committee positions within their senate district caucuses. • Organized public debates and forums for local candidates, including for the 15th Congressional district of Texas primary race in 2016, the Edinburg mayoral race of 2017, and the entire slate of Hidalgo county -level primary races of 2018, many of which drew in crowds of hundreds • Lead meetings, recruited members, registered voters, mobilized members to become deputized to register voters, managed social media SKILLS accounts, and lead members in canvassing, phone -banking, and campaigning for democratic candidates during election seasons. • Basic written and verbal Spanish skills • Skilled in both new (social) media tactics to mobilize constituents and volunteers, and in old media tactics to reach MOCs and special interests • Proven ability to capitalize on and build momentum around "movement moments" • Proven ability to condense complex policy developments into social media -accessible urgent updates, and generating online action alerts that get real responses, participants, and results • Excellent at networking and coalition building both within communities and remotely • Experienced at communicating and working with elected officials on both sides of the aisle on a range of intersectional policy issues Knowing when and where to use what tactics - media, lobbying, and direct action to get results from politicians at every level of government. • Years of leadership experience in various capacities and demonstrated ability to work effectively as an individual or as part of a team. PARKING ADVISORY COMMITTEE *Six (6) vacancies with terms to 7-31-21, representing the following categories: 2 - DMD Representative, 1- Community At -large, 1- Uptown Neighborhood Initiative, 1 - Residential Property Owner in City Center and 1 - Building Owner & Management Association. (Note: Staff is recommending the postpostponement of 1 - Community At -large, 1 - Uptown Neighborhood Initiative, 1 - Residential Property Owner in City Center and 1 - Building Owner & Management Association for further recruitment.) Composition Eleven (11) voting members and three (3) non-voting advisory members appointed by the City Council comprised of the following: one (1) member nominated by the District Council Member who represents the downtown area; two (2) members nominated by the Downtown Management District; one (1) member nominated by the North Beach Community Association; one (1) member nominated by the Uptown Neighborhood Initiative; two (2) members nominated by the Building Owners and Management Association; one (1) member nominated by the Corpus Christi Convention and Visitor® Bureau; two (2) members who shall represent downtown residential interests:11bne (1) member to be a resident where paid parking meters are collected and one (1) member to be an owner of residential living property in the City Center Area; and one (1) member to represent the community at -large. The City Manager, Police Chief, Parks and Recreation Director or their designees shall serve as non-voting advisory members. The Parking Control Manager or Supervisor shall serve as liaison to the Committee. Of the eleven members with voting power, the initial terms of six (6) members shall serve a two (2) year term, and five (5) members shall serve a three (3) year term as determined by a drawing to be conducted in the City Secretary'®Office. Thereafter, all terms shall be three (3) years with terms expiring on July 31st of the applicable year. The Committee shall elect, from among its voting members at the first meeting, a member to serve as chairperson and a vice - chairperson, and who shall serve for a one-year term. Name Term Appt. date End date Appointing Authority Position Status Category *David S. Allen Partial 2/14/2017 7/31/2018 City Council Resigned DMD Representative Richard S Durham 2 5/14/2013 7/31/2018 City Council Vice -Chair Met six year service limitation Community At -Large *Michael J Flores Partial 2/14/2017 7/31/2018 City Council Not seeking reappointment DMD Representative Darlene Gregory 2 5/14/2013 7/31/2018 City Council Chair Met six year service limitation Uptown Neigh. Initiative William Hoover 1 2/10/2015 7/31/2018 City Council Not seeking reappointment Residential Property Owner in City Center Name Term Appt. date End date Appointing Authority Position Status Category Lawrence W Virts 2 5/14/2013 7/31/2018 City Council Met six year service limitation Bldg Owners & Mgmt Assn Robert Catalano 2 2/10/2015 7/31/2019 City Council Active North Beach Community Association Faye Crider 2 5/14/2013 7/31/2019 City Council Active Residential; Parking Meters Collected Erica Lozano 1 4/14/2015 7/31/2019 City Council Active Convention and Visitors Bureau Rep. Ginny Price 2 5/14/2013 7/31/2019 City Council Active Downtown Area Council Member Nominee Jim Swan 2 11/12/2013 7/31/2019 City Council Active Building Owners & Mgmt. Assoc. Rep. City Manager or designee N/A N/A N/A City of Corpus Christi Active Advisory, non-voting Parks and Recreation Director or designee N/A N/A N/A City of Corpus Christi Active Advisory, non-voting Police Chief or designee N/A N/A N/A City of Corpus Christi Active Advisory, non-voting PARKING ADVISORY COMMITTEE Applications Name Nicholas F. Aluotto Jared Cooper District Category District 1 DMD Representative District 1 DMD Representative CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Feb 15, 2019 Profile Nicholas F Aluotto First Name Middle Initial Last Name Email Address 522 hancock ave apt102 Street Address Corpus christi City What district do you live in? * 17 District 1 Current resident of the city? Yes r No 3 If yes, how many years? Home: (832) 881-7691 Primary Phone Home: (361) 881-8624 Alternate Phone The Bay Jewel Director of_operations Employer Job Title 624 N Mesquite dr Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78401 Work Address - Zip Code 3618818624 Work Phone Work E-mail address TX State 78404 Postal Code Nicholas F Aluotto Pane 1 of 4 Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? PARKING ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Why are you interested in serving on a City board, commission or committee? To help in any way that I can to make downtown Corpus Christi a place where people would like to visit where the parking issues are not confusing. Demographics Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? rYes r No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r No Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No Nicholas F Alunttn Pane 2 of 4 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes c' 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 PARKING ADVISORY COMMITTEE The Parking Advisory Committee must include representatives from certain categories. Do you qualify for any of the following categories? Select one of the following * p Downtown Management District Nominee (J Resident where Paid Parking Meters are Collected Nicholas F AI' KttM Pane 3 of 4 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 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 I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Nicholas F Aluottn Pane 4 of 4 CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Jan 30, 2019 Profile Jared First Name Email Address Cooper Last Name 317 Peoples street Street Address corpus christi TX City State What district do you live in? * Fl District 1 Current resident of the city? Yes r No 33 If yes, how many years? Mobile: (361) 222-4663 Primary Phone Home: (361) 852-4216 Alternate Phone All Good Fitness trainer Employer Job Title 319 Peoples street Work Address - Street Address and Suite Number corpus christi Work Address - City texas Work Address - State 78401 Work Address - Zip Code 3612224663 Work Phone allgoodfitnessdowntowncc@gmail.com Work E-mail address 78401 Postal Code Jared Cooper Page 1 of 5 Preferred Mailing Address p Work Address Which Boards would you like to apply for? PARKING 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: na' Education, Professional and/or Community Activity (Present) na If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) na Why are you interested in serving on a City board, commission or committee? I was asked to do this. Upload a Resume Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r: No Jared Cooper Page 2 of 5 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 t: No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes 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? CYes cNo 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. na Board -specific questions (if applicable) Question applies to PARKING ADVISORY COMMITTEE The Parking Advisory Committee must include representatives from certain categories. Do you qualify for any of the following categories? Select one of the following * 17 Downtown Management District Nominee t•7 None of the above Jared Cooper Page 3 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume 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 Jared Cooper 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. Fl I Agree Jared Cooper Page 5 of 5 Jared Cooper Cell (361) 222-4663 CAREER OBJECTIVE To obtain a challenging position within an organization to utilize my abilities, skills and experience to help produce growth and profitability. Additionally, exploit all gathered resources and networks to help improve production and increase value. HIGHLIGHTS OF QUALIFICATIONS • Knowledge of economic and accounting principles and practices, the financial markets with the ability to analyze and report financial data to management • Knowledge of business and management principles involved in strategic planning, resource allocation and coordination of people and resources • Negotiated commercial real estate and fixed asset leases and contracts • Directed and coordinated activities related to expanding business to new location including construction, projected sales and determined profitability, set pricing and discounts • Planned and directed staffing, training and scheduling of employees • Developed a good rapport with customers and clients securing trust and confidence by providing complete, accurate and timely information PROFESSIONAL EXPERIENCE Accounting Skills Experience in full cycle accounting process, accts payable/ receivable, bank reconcilements, journal entries, data entry and ad-hoc reports and preparing financial statements Created and implemented function to track utilization of PP&E into the accounting software program Financial Analysis Skills Worked with Management to make informed investment decisions by analyzing financial information to forecast business, industry and economic conditions Conducted research and created reports for clients that depicted tangible and intangible asset values per The American Society of Appraisers Guide Conducted asset site inspections all over the United States Computer /Office Skills Proficient in Quick books, Microsoft Office 2010, Oracle, ADP, Checkfree gym software, Point of Sale Ten key by touch, type 35 -wpm, multi -line phone systems, facsimile, wordsmith, forklift operator WORK HISTORY All Good Fitness -Downtown CC Flex Fit Inc. Arthur Financial Services Iron Horse Tools, LLC Coastal Drilling Land Company, LLC EDUCATION Texas A & M University AWARDS AND CERTIFICATIONS Pattern Day Trader (4 times margin) All -state athlete in High School Master Gardner USPAP Corpus Christi, TX Corpus Christi, TX Round Rock, TX Corpus Christi, TX Corpus Christi, TX Personal Trainer Consultant Financial Analyst Asst. Controller/CFO Assistant Controller Corpus Christi, TX B.B.A. Accounting AGENDA MEMORANDUM Future Item for the City Council Meeting of February 19, 2019 Action Item for the City Council Meeting of February 26, 2019 DATE: February 19, 2019 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Police Chief MikeMa@cctexas.com (361) 826-2601 Robert Rocha, Fire Chief RRocha@cctexas.com (361) 826-3932 Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Gilbert Hernandez, Director of Municipal Court GilbertH@cctexas.com (361) 826-2515 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Psychological Services for Police, Fire, Airport, and Municipal Court CAPTION: Motion authorizing a three-year service agreement for psychological services with Kathryn W. Soward, Ph.D., of Corpus Christi, Texas, for an amount not to exceed $78,750.00, with two one-year options for a potential total amount not to exceed $131,250.00. PURPOSE: This item is to approve a service agreement with Kathryn W. Soward, Ph.D. for psychological services for Police, Fire, Airport, and Municipal Court. BACKGROUND AND FINDINGS: The psychological services provided through this agreement include a state mandated evaluation to determine if recommended candidates are psychologically fit to perform the duties of police officer, firefighter, crime scene technician, dispatcher, airport public safety officer, and Municipal Court Marshal. Provided services will also include consultations, counseling, and support services for officers and civilian employees of Police, Fire, Airport, and Municipal Court on an as needed basis. The Purchasing Division conducted a competitive Request for Proposal (RFP) process and received one proposal. The Purchasing Division determined the pricing is fair and recommends Dr. Kathryn Soward for award. 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: Police Department Fire Department Aviation Municipal Court FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $517,536.75 $60,750.00 $578,786.75 Encumbered / Expended Amount $100,211.24 $0.00 $100,211.24 This item $18,000.00 $60,750.00 $78,750.00 BALANCE $399,325.51 $0.00 $399,325.51 Fund(s): General Fund, Airport 4610 Comments: The initial contract is for an amount not to exceed $78,750.00 for three years, with an estimated expenditure of $18,000.00 to be funded in FY2018-2019. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix RFP No. 1989 - Psychological Services for Police, Fire, Airport, and Municipal Court Summary Evaluation Matrix Proposal Evaluation Kathryn W. Soward, Ph.D. Minimum Qualifications Licensed Psychologist or Psychiatrist Pass Required five years in business Pass No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years Pass No outstanding regulatory issues last 5 years Pass References Provided for firm Pass Technical Proposal Technical Proposal (50 points) 44 Firms' Experience (30 points) Understanding of Project Scope (20 points) Interview Interview (30 points) 25 Firms' Experience (20 points) Understanding of Project Scope (10 points) Price Price (20 points) 20 Total 89 SERVICE AGREEMENT NO. 1989 Psychological Services for Police, Fire, Airport, and Municipal Court THIS Psychological Services for Police, Fire, Airport, and Municipal Court Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Kathryn W. Soward, Ph.D. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Psychological Services for Police, Fire, Airport, and Municipal Court in response to Request for Bid/Proposal No. 1989 ("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 Psychological Services for Police, Fire, Airport, and Municipal Court ("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 three years, 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 $78,750.00, 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: Pat Eldridge Department: Police Phone: 361-886-2696 Email: Pat@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: Pat Eldridge Police Management Services Director Address: 321 John Sartain, Corpus Christi, Texas 78469 Phone: 361-886-2696 Fax: 361-886-2607 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: Kathryn W. Soward, Ph.D. Attn: Kathryn W. Soward, Ph.D. Title: Licensed Clinical Psychologist Address: 5830 McArdle Road, Building 4, Corpus Christi, Texas 78412 Phone: 361-814-1900 Fax: 361-814-5200 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 en Eire agreement between the parties concerning the su bjcct matter of this Agreement and supersedes all prig negotiations, arrangements, agreements and underytandin gs, either oral or written. between the parties CONTRACTOR Signature: Printed Name:( OL .pfd Title: O e r t�'� t t'� - - Date: \ CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance- Purchasing Division Dote: 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: I FB/RFP No. t 989 Exhibit 2; Contractors Bid/Proposal Response Serrrir_v Agreement 5tandcrd Form Pugcr 7 of 7 Attachment A: Scope of Work 1.1. Scope of Work A. Contractor will determine that the recommended individuals are certified as psychologically fit to perform the duties of police officer, firefighter, crime scene technician, airport public safety officer, Municipal Court Marshal and dispatcher as per State of Texas Licensed Psychological and Emotional Health Declaration (L-3). B. Contractor will work in conjunction with Police Administration, Fire Administration, Airport Administration, and Municipal Court Administration to determine what testing materials will be administered for each position. Each department's Administration will administer the tests and process for scoring. The Contractor will retain the testing results. C. Contractor will interview officers who are candidates for a position on SWAT, Hostage Negotiation Team, Peer Counseling, or other special assignment to make recommendations to the Chief of Police. D. Contractor will provide counseling to officers and civilian employees who are suffering from work stress. E. Contractor will provide support services for officers who have used lethal force. F. Contractor will interview and counsel officers who have been involved in a critical incident, including firearm discharges, to make recommendations to the Chief of Police for return to duty. G. Contractor will perform fitness for duty evaluations and make timely written recommendations for return to duty. H. Contractor will provide in-service training and police cadet academy training classes as requested. I. Contractor will be available for consultation 24 hours per day, seven days per week. J. Contractor will be available by cellular phone. K. Contractor will provide services specified within this contract in an office located within the city limits of the City of Corpus Christi. L. Contractor will report results of evaluations to the Chief of Police, Fire Chief, Chief of Airport Police, or Director of Municipal Court. M. Contractor will provide alternate sources by a licensed psychologist during periods of absence. Contractor will provide notice to the Chief of Police if Contractor will be out of cell phone range and specify the psychologist or Page 1 of 2 psychiatrist selected to provide the specified services in absence. Such notices shall be rendered at least one business day prior to leaving cell phone range. N. Contractor will be available for testimony in any matter, in court or for City grievances, for any action brought against the City in which involved. 0. Contractor will submit invoices to the City for all services they provide. Invoices will include dates of services covered by the invoice, explanation of services provided, number of hours expended and the nature of the services. Invoices will be submitted on a monthly basis. Page 2 of 2 Attachment B: Bid/Pricing Schedule DATE.; December ! be 2 2018 CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION RFP No, 1989 Psychological Services for Police, Fife, Airport, and Municipal Court , 14alhryn 1Y- Saw�rd, Ph.D. A TH• NATURE PAGE 1 OF 2 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before cornpleftng proposal - 2. Prowide your best price for eac h item. 3. In submitting this proposal, Proposer certifies that. a- the prices in this proposal have been arrived al 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 Cade of Ordinances, is current and true, C. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing, ITEM 1.0 DESCRIPTION QTY Psychological Services as outlined in the Scope of Work 625 UNIT HR5 UNIT TOTAL PRICE PRICt? 150.00 578.750.00 Page 1 of 1 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Health Department one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence aggregate PROFESSIONAL LIABILITY $1,000,000.00 Each Claim $1,000,000.00 Each Policy Year 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. Page 1 of 4 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; Page 2 of 4 • 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. Page 3 of 4 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 Police Department Professional Psychological Services (Off -Site) 11/7/2018 sw Risk Management BOND REQUIREMENTS: No bond requirements necessary for this service agreement; Section 5. (B) is null for this service agreement. Page 4 of 4 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 19, 2019 Action item for the City Council Meeting of February 26, 2019 DATE: February 19, 2019 TO: Keith Selman, Interim City Manager FROM: Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2cctexas.com (361) 826-3169 Juan Carlos Cardenas, P.E., Interim Director of Street Operations CharlieC2cctexas.com (361) 826-1870 Asphalt Patch Bags Supply Agreement CAPTION: Motion authorizing a three-year supply agreement with Asphalt Patch Enterprises, Inc. of New Braunfels, Texas, for the purchase of asphalt patch bags for a total amount not to exceed $371,347.20. PURPOSE: This is a motion to approve a three-year supply agreement for asphalt patch bags stocked by the City Warehouse and utilized by Street Operations. BACKGROUND AND FINDINGS: The 60 -pound asphalt patch bags are stocked by the warehouse and used by Street Operations for road repair throughout the City. This high-performance, all-weather pothole patching material is used with liquid asphalt binder to seal coat streets, which extends the life of the riding surface. The Street Department uses the asphalt patch as an alternate patching material when regular hot mix asphalt is not available or after utility cuts are made. The Purchasing Division conducted a competitive Request for Bid (RFB) process and received three bids; two bids were deemed responsive. Staff recommends award to the lowest, responsive, responsible bidder, Asphalt Patch Enterprises, 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: Purchasing Division Street Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $2,800,195.15 $299,140.80 $3,099,335.95 Encumbered / Expended Amount $460,966.39 $0 $460,966.39 This item $72,206.40 $299,140.80 $371,347.20 BALANCE $2,267,022.36 $0 $2,267,022.36 Fund(s): Stores Comments: The initial contract term total is $371,347.20 for three years, of which $72,206.40 is funded in FY2018-19. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: SONIA TAMEZ BID TABULATION RFB NO. 2030 ASPHALT PATCH BAGS ITEM DESCRIPTION QTY. UNIT Asphalt Patch Enterprises, Inc. New Braunfels, TX Waller County Asphalt Hempstead, TX Crafco, Inc. Chandler, AZ UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT EXTENDED PRICE PRICE 1 Asphalt patch bags (13,440 bags in a year avg. - 3yr. contract 40,320 bags) 40,320 60 lb. bags $ 9.21 $ 371,347.20 $ 12.00 $ 483,840.00 $ - $ - TOTAL: *Crafco, Inc. of Chandler, AZ is non-responsive as vendor did not bid units as specified. $371,347.20 $483,840.00 SUPPLY AGREEMENT NO. 2030 ASPHALT PATCH BAGS THIS Asphalt Patch Bags Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Asphalt Patch Enterprises Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Asphalt Patch Bags in response to Request for Bid No. 2030 ("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 Asphalt Patch Bags 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 three years. 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 $371,347.20, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 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: Lydia Olivarez Finance Department 361.826.1990 LydiaO@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. 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: Lydia Olivarez Management Aide Address: 5352 Ayers, Bldg 6, Corpus Christi, Texas 78415 Phone: 361.826.1990 Fax: 361.826.1690 IF TO SUPPLIER: Asphalt Patch Enterprise, Inc. Attn: Glenn Wenzel Title: President Address: 1332 Azalea Lane, New Braunfels, Texas 78130 Phone: 830.606.5723 Fax: 830.606.6346 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: G L M! Ii IiJwNZe ( . Title: PieeS t DE /47" Date: I - I R 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. 2030 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. Scope of Work A. The Contractor will deliver 601bs Asphalt Patch High -Performance bags with the following specifications: 1. #4 Gradation rock 2. SCM -1 Oil 3. 9202 TXDOT Spec 4. All -Weather High -Performance Pothole Repair B. The Contractor will deliver by truck on as a needed basis within five to nine days. C. Upon delivery, the City will operate a forklift to offload pallets of from delivery truck and store in a designated location in City warehouse. 2. Delivery Instructions and Locations A. Materials shall be delivered as follows: 1. Staff will contact the supplier to schedule delivery dates. 2. High Performance all weather pothole patching material will be delivered to the City material yard located at 5352 Ayers Bldg. 6, Corpus Christi, TX 78415. 3. Supplier shall furnish a shipping/delivery ticket stating description and quantity delivered. PAGE 1 OF 1 Date: 1-4- g i '• r ;r Attachment B: Quote/Pricing Schedule CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 2030 Asphalt Patch Bags Authorized Bidder: ATM* Law.*tNTCR ?I2is€S . Signature: r -NC. PAGE 1 OF 1 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. r ldders m st fiat: e over;or revise': the° bid:.fof m ::Bidders: will: be:: considered;:°Non• Responsive t1_:the:bid°form is modffiedi Item Description UNIT QTY Unit Price Total Price 1 Asphalt patch bags (13,440 bags in a year avg.- 3 yr. contract 40,320 bags) 60 lb. bags 40,320 4611,;,11 etts 131040, ap Total 11311, 34T, NO 4.IS35)ib Attachment C: Insurance and Bond Requirements Section 5 is null for this agreement. No Bond is required for this agreement. PAGE 1 OF 1 Attachment D: Warranty Requirements The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects when accepted by the City. PAGE 1 OF 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 19, 2019 Action Item for the City Council Meeting February 26, 2019 DATE: January 28, 2019 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Interim Executive Director of Utilities DanG(a�cctexas.com (361) 826-1718 Interlocal Agreement with Texas A&M AgriLife Extension Service for soil analysis CAPTION: Resolution authorizing an Interlocal Agreement with Texas A&M AgriLife Extension Service for a soil testing program. PURPOSE: This item is to approve the Interlocal Agreement with Texas A&M AgriLife Extension Service for soil analysis. BACKGROUND AND FINDINGS: As part of the Storm Water Management Program, the Storm Water Public Education and Outreach Plan outlines a component to promote and publicize the proper use, application, and disposal of pesticides, herbicides, and fertilizers. As part of a multi -faceted approach, the Water Utilities Department will coordinate and sponsor soil testing for City of Corpus Christi residents. Texas A&M AgriLife Extension Service will provide the soil analysis services. Funds for the soil testing will be recovered through a reimbursement contract with the Coastal Bend Bays and Estuary Program. ALTERNATIVES: Use private laboratory for soil testing. 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 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $118,936 $118,936 Encumbered / Expended Amount 66,821 66,821 This item (19,872) (19,872) BALANCE $ 32,243 $ 32,243 Fund(s): Stormwater Fund Comments: Funding for the interlocal agreement has been approved in the FY 2018-2019 budget. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement Storm Water Public Outreach and Education Plan Resolution authorizing an Interlocal Agreement with Texas A & M Agrilife Extension Service for a soil testing program WHEREAS, Texas A & M AgriLife Extension Service and the City of Corpus Christi ("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contract; WHEREAS, Section 791.035 of the Texas Government Code states that a local government and an institution of higher education or university system may contract with one another to perform any governmental functions and services; WHEREAS, Section 791.035 provides that if the terms of the contract provide for payment based on cost recovery, any law otherwise requiring competitive procurement does not apply to the functions and services covered by the contract; WHEREAS, in 2009, the City received its Texas Pollution Discharge Elimination System (TPDES) Permit No. WQ0004200000 from the Texas Commission on Environmental Quality with respect to the discharge from the City's Municipal Separate Storm Sewer System (the "MS4 Permit"); WHEREAS, the City is in the process of renewing its MS4 Permit; WHEREAS, in accordance with its MS4 Permit, and in connection with the City's management of the Municipal Separate Storm Sewer System, the City developed a Storm Water Management Program (the "SWMP"); WHEREAS, in accordance with the SWMP, the City developed the Storm Water Education and Outreach Plan, a public education program to promote and publicize the proper use, application, and disposal of pesticides, herbicides, and fertilizers by public, commercial, and private applicators and distributors; and WHEREAS, the City's Storm Water Public Education and Outreach Plan provides that the City coordinate with the Texas A & M AgriLife Extension Service to sponsor soil testing for City of Corpus Christi residents; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to execute an Interlocal Agreement with Texas A & M Agrilife Extension Service for a soil testing program. A copy of the interlocal agreement is on file with the City Secretary's Office. This Resolution shall be and become effective immediately upon and after its adoption and approval. PASSED AND APPROVED this the day of ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Mayor Corpus Christi, Texas of 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 INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A&M AGRILIFE EXTENSION SERVICE AND THE CITY OF CORPUS CHRISTI REGARDING SOIL TESTING PROGRAM WHEREAS, Texas A & M AgriLife Extension Service ("AGLF") and the City of Corpus Christi ("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contract; WHEREAS, Section 791.035 of the Texas Government Code states that a local government and an Institution of higher education or university system may contract with one another to perform any governmental functions and services; WHEREAS, Section 791.035 provides that if the terms of the contract provide for payment based on cost recovery, any law otherwise requiring competitive procurement does not apply to the functions and services covered by the contract; WHEREAS, in 2012, the City received its Texas Pollution Discharge Elimination System (TPDES) Permit No. TXG870011 from the Texas Commission on Environmental Quality with respect to the discharge of biological and or chemical pesticides that leave a residue to water when such applications are made into or over, including near waters of the United States (U.S.) under the terms and conditions imposed by the Pesticide General Permit TXG870000; WHEREAS, the City seeks a program element to promote and publicize the proper use, application, and disposal of household chemicals including, pesticides, herbicides, and fertilizers by public, commercial, and private applicators and distributors; WHEREAS, the City will coordinate with the Texas AgriLife Extension Center to sponsor free soil testing for City of Corpus Christi residents; NOW, THEREFORE, the parties hereto agree as follows: 1. PURPOSE. The purpose of this Agreement is for AGLF to provide Routine Analysis Soil Testing services for City of Corpus Christi residents as further described In Exhibit A. 2. STATEMENT OF WORK. AGLF agrees to perform all services as outlined in Exhibit A. 3. PERIOD OF PERFORMANCE. The work described in Exhibit A shall be conducted during 2019 Calendar year, unless earlier terminated in accordance with Section 5 below. 4. PRICE AND PAYMENT. A. As compensation for the performance of services and work performed under this Agreement, the City agrees to pay AGLF $12.00 per soil test analysis, not to exceed $19,872.00 which AGLF acknowledges is full cost recovery of all services provided by or thru AGLF under this Agreement. B. The parties agree that all expenditures under this agreement shall be paid with current revenues of the paying party. C. The parties acknowledge that continuation of this agreement beyond City's current fiscal year is subject to annual budget process and appropriation of funds. D. Invoices for compensation shall be submitted to the following address: City of Corpus Christi Attn: Jeff Turner, Utilities - Treatment P.O. Box 9277 Corpus Christi, TX, 78469-9277 5. TERMINATION. Performance under this agreement may be terminated by either party with or without cause upon 90 days of written notice. 6. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. AGLF CITY Texas A&M AgriLife Extension Service 2147 TAMU College Station, TX 77843-2147 City of Corpus Christi Attn: Jeff Turner, Utilities - Treatment P.O. Box 9277 Corpus Christi, TX, 78469-9277 7. AMENDMENTS AUTHORIZED. The representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, to extend deadlines or minor changes in the scope of work. 8. SEVERABILTY. If any of the provisions of the agreement in the application thereof to any person or circumstance, is rendered or declared Illegal for any reason, or shall be invalid or unenforceable, the remainder of the agreement and the application of the provision to other persons or circumstances shall not be affected thereby but shall be enforced to the greatest extent by applicable law. The City and AGLF agree that this agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9. DISPUTE RESOLUTION PROCESS. To the extent applicable, the dispute resolution procedures provided In Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. 10. MISCELLANEOUS. This agreement constitutes the entire agreement between the parties relative to the subject matter and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. TEXAS A&M AGRILIFE EXTENSION SERVICE Name: Stephen A. Schulze Title: Asst. Vice Chancellor for Administration Texas A&M A riLife Q Date: Ig/ 16 (� l 66 CITY OF CORPUS CHRISTI ATTEST Rebecca Huerta City Secretary APPROVED AS TO FORM: This _ day of 2018 Lisa Aguilar, Assistant City Attorney For City Attorney By: Samuel Keith Selman City Manager EXHIBIT A Description of Routine Soil Test Analysis to be Performed by AGLF The Soil, Water and Forage Testing Laboratory, Department of Soil and Crop Sciences, Texas A&M AgriLife Extension Service will conduct a routine analysis of each soil sample submitted. A Routine analysis checks for pH, nitrate, nitrogen, phosphorus, potassium, calcium, magnesium, sodium, sulfur and conductivity. AGENDA MEMORANDUM Future Item for the City Council Meeting of February 19, 2019 Action Item for the City Council Meeting of February 26, 2019 DATE: February 19, 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@cctexas.com (361) 826-3169 Supply Agreement for Sludge Dewatering Polymer for Wastewater Plants CAPTION: Motion authorizing a one-year supply agreement for sludge dewatering polymer with Polydyne, Inc. from Riceboro, Georgia for a total amount not to exceed $308,992.00. PURPOSE: This item is to approve a supply agreement for Sludge Dewatering Polymer for the Wastewater Treatment Plants. BACKGROUND AND FINDINGS: Polymer is used for dewatering of digested sludge using belt filter presses at the City's Allison, Broadway, Greenwood, Laguna Madre, Oso and Whitecap Wastewater Treatment Plants. Only chemicals known as organic polymer, which are synthetic, high molecular weight, water- soluble polyelectrolytes, manufactured specifically for use as flocculants for sludge conditioning are allowed. The Purchasing Division conducted a competitive Request for Bid (RFB) process and received two responsive bids. Staff recommends award to the lowest, responsive, responsible bidder, Polydyne, Inc. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Water Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2018-2019 Current Year Future Years TOTALS Budget $2,415,698.19 $128,746.67 $2,544,444.86 Encumbered / Expended Amount $1,087,915.93 $0.00 $1,087,915.93 This item $180,245.33 $128,746.67 $308,992.00 BALANCE $1,147,536.93 $0.00 $1,147,536.93 Fund(s): Wastewater Comments: The contract total is $308,992.00, of which $180,245.33 is funded in FY2018- 2019. RECOMMENDATION: City staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation SUPPLY AGREEMENT NO. 2047 Sludge Dewatering Polymer THIS Sludge Dewatering Polymer Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Polydyne Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Sludge Dewatering Polymer in response to Request for Bid No. 2047 ("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 Sludge Dewatering Polymer in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to zero additional zero -months 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 $308,992.00, 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: Joanna Moreno Department: Utilities Department Phone: (361) 826-1649 Email: joannam©cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. 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: Joanna Moreno Title: Contract Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1649 Fax: (361) 826-1715 IF TO SUPPLIER: Polydyne, Inc. Attn: Boyd Stanley Title: Vice -President Address: P.O. Box 279, Riceboro, Georgia 31323 Phone: (912) 880-2035 Fax: (912) 880-2078 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: Boyd Stanley Title: Vice -President Date: 1/31/19 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. 2047 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 This scope of work includes polymers to be used for de -watering of digested sludge using belt filter presses at the City's Wastewater Treatment Plants. Only chemicals known as organic polymer, which are synthetic, high molecular weight, water-soluble polyelectrolytes, manufactured specifically for use as flocculants for sludge conditioning will be allowed. 1.2 Product Specifications A. Polymers shall be emulsion -type only, readily and completely miscible in water at all dilutions and temperatures, and capable of being diluted to any ratio needed to meet dosage requirements. The product shall be a cationic copolymer of acrylamide. The product shall contain no formaldehyde. Active solids concentration must be a minimum of 40%. The polymer materials shall have a shelf life of at least six months at ambient temperatures. The polymer materials in both concentrated and dilute form shall not require special handling, nor shall they pose hazards to employees working with them. The polymer shall not contain any substances which are inhibitory or toxic to bacteria essential to wastewater treatment processes. The materials shall not cause corrosion problems to the City's equipment. The polymers must be compatible with the City's existing storage and handling facilities. B. The product must meet the following performance specifications for each of the City's wastewater treatment plants. Failure to meet these specifications will result in that product being deemed non -conforming: PLANT MINIMUM FEED RATE (gallons/min) MINIMUM FEED SOLIDS MAXIMUM FILTRATE SOLIDS MINIMUM CAKE SOLIDS MAXIMUM POLYMER DOSAGE (lbs/dry ton) ALLISON 70 2 200 16 15 BROADWAY 100 2 200 24 15 GREENWOOD 100 4 200 24 15 OSO 160 2 200 16 15 LAGUNA MADRE 70 2 200 16 15 WHITECAP 70 2 200 16 15 1.3 Performance Requirements for Polymer used at Broadway Centrifuges The Broadway Wastewater Treatment Plant is the only plant using centrifuges. The polymer used for the centrifuges will comply with all other elements of the Performance Specification, expect as amended here: 1. Solids concentration of waste activated sludge: Minimum 10,000 mg/I. 2. Volatile Content of Solids: Less than 74 percent. 3. Total Sludge Feed Rate: a. Design: 450 gallons per minute. b. Minimum: 280 gallons per minute. 4. Total Diluted Polymer and Sludge Feed Rate: a. Design: 500 gallons per minute. b. Minimum: 300 gallons per minute. 5. Cake Dryness: a. At Design Sludge Feed Rate: Minimum 18 percent total solids b. At Minimum Sludge Feed Rate: Minimum 22 percent total solids 6. Maximum centrate total suspended solids: 200 mg/I 7. Maximum polymer dose: 15 lbs. polymer per dry ton solids 1.4 Delivery A. Polymers shall be delivered in 250 -gallon totes provided by the Supplier and unloaded at the wastewater treatment plants. The Supplier shall provide any special equipment necessary for unloading. Deliveries shall be made between 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding holidays, unless otherwise instructed. The frequency of deliveries is dependent upon the requirement of keeping a two-week minimum inventory of polymer for sludge de -watering. The City reserves the right to inspect and reject any polymer shipment if the polymer is defective or does not meet the requirements of these specifications. Supplier shall invoice each delivery separately. Pricing calculation shall be based on pounds of product delivered. No minimum or maximum purchase of polymer is guaranteed by the City within the duration of the contract. B. Deliveries will be made to the following wastewater treatment plants: Allison Treatment Plant - 4104 Allison Drive, Corpus Christi, Texas Broadway Treatment Plant - 1402 W. Broadway, Corpus Christi, Texas Greenwood Treatment Plant- 6541 Greenwood Drive, Corpus Christi, Texas Laguna Madre Treatment Plant - 201 Jester, Corpus Christi, Texas Oso Treatment Plant - 601 Nile, Corpus Christi, Texas Whitecap Treatment Plant - 13409 Whitecap Blvd., Corpus Christi Texas 1.5 Supplier Quality Control and Superintendence The Supplier 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 Supplier shall provide technical assistance as needed to ensure that the polymer is performing as per the specifications and that the polymer is being used in the most cost-effective manner. 1.6 Special Instructions All materials supplied must comply with all requirements and standards of the Occupational Safety and Health Act (OSHA). All appropriate marking shall be in place before delivery. Items not meeting OSHA specifications will be refused. Safety Data Sheets (SDS) essentially similar to the U.S. Department of Labor form LSB-00 S-5 shall be furnished with the materials delivered. us Gn c>), 1I1 C kA 1II'4r�� CITY OF CORPUS CHRISTI i , /862 Date: Y ,, PURCHASING DIVISION BID FORM RFB No.2047 Sludge Dewatering Polymer PAGE 1 OF 1 01/16/19 PolydyneAuthorized / Inc. /, Bidder:Signature: .L '_ Boyd S nley, Vice-Presi . 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, 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, and true. c. Bidder is current with all taxes due and company is in good standing applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. nt for the is current with all Item Description UNIT QTY Unit Price Total Price 1. Sludge Dewatering Polymer - Broadway Treatment Plant Clarifloc c-6:66 LBS 55,200 $ 1.280/Lb. $ 70,656.00 2. Sludge Dewatering Polymer - Oso Treatment Plant Clarifloc CE-1323 LBS 96,600 $ 1.280/Lb. $ 123,648.00 3. Sludge Dewatering Polymer - Greenwood Treatment Plant aarifloc CT-454 LBS 39,000 $ 1.280/Lb. $ 49,920.00 4. Sludge Dewatering Polymer- Allison Treatment Plant Clarifloc C-6266 LBS 36,800 $ 1.280/Lb. $ 47,104.00 5. Sludge Dewatering Polymer- Laguna Madre Treatment Plant clariaocC LBS 1325 6,900 $ 1.280/Lb. $ 8,832.00 6. Sludge Dewatering Polymer- Whitecap Treatment Plant ClariflocCE-1325 LBS 6,900 $ 1.280/Lb. $ 8,832.00 Total $ 308,992.00 Ad dum #1 1atJaluary ,A1> 2019 cknowledged B d Sta ' ey, Vice -President 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 the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of 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) Employer's 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 Utilities Chemical Delivery of Sludge Dewatering Polymer 12/06/2018 sw Risk Management Valid Through 12/31/2019 Attachment D - Warranty Requirements Section 8 Warranty Sub Section (b) is null and void for this Supply Agreement. CITY OF CORPUS CHRISTI Purchasing Division Buyer: Cynthia Perez BID TABULATION RFB #2047 Sludge Dewatering Polymer ITEM DESCRIPTION QTY. UNIT Polydyne, Inc Solenis, LLC Riceboro, Georgia Wilmington, DE Unit Price Extended Price Unit Price Extended Price 1 Sludge Dewatering Polymer Broadway Treatment Plant 55,200 LBS $1.28 $70,656.00 $1.90 $104,880.00 2 Sludge Dewatering Polymer Oso Treatment Plant 96,600 LBS $1.28 $123,648.00 $1.90 $183,540.00 3 Sludge Dewatering Polymer Greenwood Treatment Plant 39,000 LBS $1.28 $49,920.00 $1.69 $65,910.00 4 Sludge Dewatering Polymer Allison Treatment Plant 36,800 LBS $1.28 $47,104.00 $1.91 $70,288.00 5 Sludge Dewatering Polymer Laguna Madre Treatment Plant 6,900 LBS $1.28 $8,832.00 $1.91 $13,179.00 6 Sludge Dewatering Polymer Whitecap Treatment Plant 6,900 LBS $1.28 $8,832.00 $1.90 $13,110.00 $308,992.00 Total $450,907.00 AGENDA MEMORANDUM First Reading for the City Council Meeting of February 19, 2019 Second Reading for the City Council Meeting of February 26, 2019 DATE: February 1, 2019 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikema c@cctexas.com 886-2603 Appropriating funds from the Recovery on damage claim CAPTION: Ordinance appropriating $5,682.32 from damage claim into General Fund to pay damage claim on a leased vehicle; and changing Operating Budget by increasing revenue and expenditures in the General Fund by $5,682.32. PURPOSE: Payment is due for a damage claim on a leased vehicle. These funds are a reimbursement from insurance company. BACKGROUND AND FINDINGS: An officer was involved in a motor vehicle accident while driving a leased vehicle from Enterprise Rental. Risk Management handled the claim, and these funds are reimbursement from the claim. The company is requesting payment for damages. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Purchasing Legal Police 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 $5,682.32 $5,682.32 BALANCE Fund(s): General Comments: RECOMMENDATION: Staff recommends approval of the appropriation. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $5,682.32 from damage claim into General Fund to pay damage claim on a leased vehicle; and changing Operating Budget by increasing revenue and expenditures in the General Fund by $5,682.32. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $5,682.32 from damage claim with Texas Municipal League Intergovernmental Risk Pool is appropriated in the General Fund No. 1020 to pay damage claim on a leased vehicle from Enterprise rent a car. SECTION 2. That the FY 18-19 Operating Budget adopted by Ordinance 031548 is changed to increase revenues and expenditures by $5,682.32 in the General Fund No. 1020. 1 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 2 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 30, 2019 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police Mikema@cctexas.com 886-2603 Ordinance prohibiting operating of retail tobacco stores, hookah lounges, vaping lounges and cigar bars from 2:00 am to 7:00 am. CAPTION: Ordinance amending Chapter 23 of the Corpus Christi Code to prohibit operating and using retail tobacco stores, hookah lounges, vaping lounges and cigar bars from 2:00 am to 7:00 am; and providing for penalty PURPOSE: To limit the hours where smoking is permitted in retail tobacco stores, hookah lounges, vaping lounges and cigar bars from 7:00 am to 2:00 am. BACKGROUND AND FINDINGS: The U.S. Surgeon General's report has stated that there is no safe level of second hand smoke, and second hand smoke is a known cause of lung cancer. heart disease, low birth -weights, chronic lung ailments (such as bronchitis and asthma) other health risks and premature death in children and adults who do not smoke. The City Council finds that nicotine is addictive and that the use of nicotine containing electronic cigarettes can lead to some respiratory changes and dangers similar to those occurring through the use of traditional tobacco products. Hookah smoking is NOT a safe alternative to smoking cigarettes and hookah smoking has many of the same health risks as cigarette smoking. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. 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 BALANCE Fund(s): General Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance amending Chapter 23 of the Corpus Christi Code to prohibit operating and using retail tobacco stores, hookah lounges, vaping lounges and cigar bars from 2:00 am to 7:00 am; and providing for penalty WHEREAS, the City Council of the City of Corpus Christi finds that smoking tobacco products creates nuisances. poses health risks. and causes fires; and WHEREAS, the U.S. Surgeon General's report has stated that there is no safe level of second hand smoke, and secondhand smoke is a known cause of lung cancer. heart disease, low birth -weights, chronic lung ailments (such as bronchitis and asthma) other health risks and premature death in children and adults who do not smoke; WHEREAS. the U.S Surgeon General's report has stated that despite significant progress since the first Surgeon General's report, issued over 50 years ago (1964), smoking remains the single largest cause of preventable disease and death in the United States; WHEREAS. the U.S. Surgeon General's report states that involuntary exposure to secondhand smoke remains a serious public health hazard that can be prevented by making homes. workplaces. and public places completely smoke-free; WHEREAS, the City Council finds that nicotine is addictive and that the use of nicotine containing electronic cigarettes can lead to some respiratory changes and dangers similar to those occurring through the use of traditional tobacco products; WHEREAS, the City Council finds that liquid nicotine is often distributed in flavors, such as cherry. chocolate and vanilla. that are designed to appeal to young people and thereby creates a path for nonsmokers to become addicted to smoking. which can lead to the further spread of nuisances and health risks from smoking; and WHEREAS, Hookah smoking is NOT a safe alternative to smoking cigarettes and hookah smoking has many of the same health risks as cigarette smoking. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Code of Ordinance, Section 23-76 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 23-76. - Smoking prohibitions. (a) Declaration of policy. It is the intent and purpose of this section to provide citizens' protection from exposure to tobacco, or other, smoke by placing restrictions on smoking within the City of Corpus Christi. The provisions of this section are designed to achieve a reasonable balance between the rights of nonsmokers to breathe clean air and the wishes of smokers. It is declared to be the policy of the City of Corpus Christi to give preferential treatment to nonsmokers when disputes arise. (b) Definitions. The following definitions shall apply to this section: Cigar bar means an establishment used primarily for the sale of cigar and cigar -related products, which sales constitute more than forty (40) per cent of the total retail sales of the establishment and in which the serving of alcoholic beverages are incidental to such retail operations. Electronic Smoking Device means a device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device. This term shall include every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette. an electronic cigar. an electronic cigarillo. an electronic pipe. an electronic hookah or any other product name or descriptor. The term does not include a prescription medical device unrelated to the cessation of smoking. Home occupation means any professional or commercial activity which is carried on wholly within a residential building by a member, or members, of a family residing on the premises, in connection with which there are no persons outside the family employed, and which use is otherwise in compliance with the zoning ordinance provisions. When, within the previously stated requirements, such home occupation shall be considered a private residence for purposes of this section except when being used as a child care, adult day care, or health care facility. Hookah Lounge means an establishment used primarily for the sale of shisha for consumption on the premises or for sale or rental of accessories used for smoking shisha on premises. Private club means an organization, whether incorporated or not, which: (1) is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, (2) is operated solely for a fraternal purpose but not for pecuniary gain, (3) only sells alcoholic beverages incidental to its operation, (4) conducts its affairs and management through a board of directors, executive committee, or similar body chosen by the members at an annual meeting, (5) has established bylaws or a constitution to govern its activities, and (6) has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. Public building means any building other than a building used as a private residence, unless such residence is being used as a child care, adult day care, or health care facility. If a portion of a building is used as a private residence and another portion of the building is used for business purposes or commercial activities, then "public building," as used in this section, shall apply to the portions of the building used for business purposes or commercial purposes, but not the portion used solely as a residence. Retail tobacco store means a specialty retail establishment used primarily for the sale of tobacco products and accessories and in which the sale of other non -tobacco products is incidental. Shisha means flavored tobacco smoked in a hookah, usually mixed with molasses or honey and often fruit pulp or dried fruits. Smoke or smoking means inhaling, exhaling, or burning any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or form. Smoking lounge means an establishment engaged in the sale of tobacco product for on - premise consumption. Smoking lounge includes but is not limited to establishments known variously as cigar bars, hookah lounges, vape lounges, tobacco clubs, tobacco bars, etc. Vape or Vapinq means the inhaling, exhaling, or generation of any vapor from an electronic smoking device. Vape lounge means an establishment used primarily for the sale or rental of electronic smoking devices or related tobacco product for on premise use or consumption. (c) It shall be unlawful for any person to perform the following acts in any public building in the city or within ten (10) feet of an entrance used by the public to any public building except in passing: (1) Smoke; (2) Carry a lighted cigar, cigarette, or tobacco -containing pipe; or (3) Light a cigar, cigarette, or tobacco -containing pipe. (d) Posting of signs; removal of ashtrays. (1) "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted at every entrance of a public building where smoking is prohibited by this section. "No Smoking" signs or the international "No Smoking" symbol shall be posted by the owner, operator, manager, or other person in control of the premises. (2) All ashtrays and smoking paraphernalia must be removed by the owner, operator, manager, or other person in control of the premises from any area where smoking is prohibited by this section. (e) It shall be unlawful for any owner or operator of any public building to place or allow to be placed any of the following items in any public building or within ten (10) feet of an entrance used by the public to any public building: (1) Ashtrays; (2) Smoking paraphernalia; or (3) Signs that indicate that smoking is permitted. Retail tobacco stores and smoking lounges. (1) Between the hours of 7:00 a.m and 2:00 a.m., the smoking prohibitions provisions of this section do not apply to retail tobacco stores and cigar bars smoking lounges so long as smoke from these places does not infiltrate into areas where smoking is prohibited under this section. (2) Retail tobacco stores, cigar bars, hookah lounges, vape lounges and smoking lounges shall be prohibited from operating between the hours 2:00 a.m. and 7:00 a.m. (f) (g) The provisions of this section do not apply to private clubs so long as smoke from these places does not infiltrate into areas where smoking is prohibited under this section; however, the provisions of this section do apply to a private club when such club is being used for a function to which the general public is invited. (h) The provisions of this section do not apply to a bingo facility operated under the Bingo Enabling Act, V.T.C.A., Occupations Code ch. 2001, if: (1) An enclosed smoking area is provided; (2) The smoking area is mechanically ventilated to prevent smoke from entering a non- smoking area; (3) No one under the age of eighteen (18) is admitted to the smoking area; (4) Patrons do not enter or exit the facility through the smoking area; and (5) Patrons do not have to access or cross through the smoking area to utilize any ancillary services of the facility which are available to any patron or employee of the facility, such as public restrooms, cashier counters, concession areas, etc. Nothing in this section may be construed to prohibit smoking on outside patios, such as those located at bars, lounges, nightclubs, taverns, and restaurants, if otherwise conducted in compliance with this section, applicable city fire prevention ordinances, and state alcoholic beverage laws. (j) No area may be designated for smoking by an owner, operator, manager, or other person in control of the premises where prohibited by the city's fire prevention ordinances or another agency having jurisdiction. (k) Inspection; enforcement. (1) The owner, operator, manager, or person in control of any premises subject to this section shall permit the director of health, or the director's designees, entrance to the premises to determine compliance with this section. Such responsibility belongs to all of said persons, and any or all may be prosecuted for a violation of this section. (2) The director of public health and the director's designees are authorized to serve official notices of violations of this section. (i) (3) Any person who violates any part of this section commits an offense punishable under sections 1-6 and 1-6.1 of the Code of Ordinances. (I) Miscellaneous. (1) Nothing in this section may be construed to permit the smoking of any substance otherwise illegal. (2) When possession of burning tobacco or smoking tobacco is also prohibited by V.T.C.A., Penal Code § 48.01, as to a facility of a public primary or secondary school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, plane, or train which is a public place, such violation shall be prosecuted under state law. (Ord. No. 19338, § 1, 5-27-1986; Ord. No. 21697, § 1, 7-6-1993; Ord. No. 026094, § 1, 1-11- 2005; Ord. No. 027286, § 1, 5-22-2007; Ord. No. 028007, § 1, 12-16-2008) SECTION 3. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 4. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 5. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 6. This ordinance takes effect after official publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 19, 2019 Second Reading Ordinance for the City Council Meeting of_February 26, 2019 DATE: TO: January 11, 2019 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 16001 El Soccorro Loop. CAPTION: Ordinance abandoning and vacating a 7.5 -foot wide by approximately 60 -feet in length (449.73 sq. ft.) portion of an existing utility easement out of Lot 7, Block 26, Padre Island -Corpus Christi, Coquina Bay Subdivision, located at 16001 El Soccorro Loop. PURPOSE: The purpose of this ordinance is to close, abandon and vacate a portion of an existing utility easement to facilitate a future sale of the home. BACKGROUND AND FINDINGS: R. Scott McClintock, Sr., R.P.L.S. representing Douglass MacQuarrie (Owner) is requesting the City to abandon and vacate a 7.5 -foot wide by approximately 60 -feet in length (449.73 sq. ft.) portion of an existing utility easement out of Lot 7, Block 26, Padre Island -Corpus Christi, Coquina Bay, located at 16001 El Soccorro Loop. This abandonment and vacation of a portion of the utility easement is being requested by the owner due to a fiberglass swimming pool that overlaps onto the easement. The pool company that the homeowner contracted for hire, failed to obtain all necessary city permits for the construction of the swimming pool. The property owner applied for and received a variance from the Zoning Board of Adjustments on 27 June 2018 due to encroachment into a rear yard setback. All public and franchised utilities were contacted and there are no objections regarding the proposed utility easement closure. The closure is being proposed to facilitate a future sale of the home. ALTERNATIVE: Denial of the proposed utility easement closure will adversely impact the Owner's ability to move forward with the future sale of the subject property. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-13. EMERGENCY/NON-EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement closure. No utilities are located in the easement. FINANCIAL IMPACT: ❑ Ooeratin ❑ Revenue ❑ Caoital 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: RECOMMENDATION: Staff recommends approval of the easement closure. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating a 7.5 -foot wide by approximately 60 -feet in length ( 449.73 sq. ft.) portion of an existing utility easement out of Lot 7, Block 26, Padre Island- Corpus Christi, Coquina Bay Subdivision, located at 16001 El Soccorro Loop. WHEREAS, R. Scott McClintock, Sr., R.P.L.S. representing Douglass MacQuarrie (Owner) is requesting to abandon and vacate a 7.5 -foot wide by approximately 60 -feet in length (449.73 sq. ft.) portion of an existing utility easement out of Lot 7, Block 26, Padre Island -Corpus Christi, Coquina Bay Subdivision, located at 16001 El Soccorro Loop. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of R. Scott McClintock, Sr., R.P.L.S., acting as agent on behalf of Douglass MacQuarrie ("Owner"), a 7.5 -foot wide by approximately 60 -feet in length sq. ft.) portion of an existing utility easement out of Lot 7, Block 26, Padre Island -Corpus Christi, Coquina Bay Subdivision, located at 16001 El Soccorro Loop, as recorded in volume 38, page 47 through 54, of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owner's 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 description, 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 s portion of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owner's 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 Tortuga Dunes Holding Company (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 STATE OF TEXAS COUNTY OF NUECES R. Scott McClintock, Sr., R.P.L.S. Surveying & Mapping 273 Lola Johnson Road Corpus Christi, Texas 78418 361-947-6812 mobile/text nomesurveyor@gmail.com T.B.P.L.S. Reg. No.5907 Exhibit A 449.73 square feet 7.5 foot wide Utility Easement Closure June 18, 2018 Field Note Description of a 449.73 square foot, 7.5 feet wide Utility Easement Closure, over, under and across Lot Seven (7), Block Twenty-six (26), Padre Island — Corpus Christi Coquina Bay, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat recorded in Volume 38, pages 47 through 54, of the Map Records of Nueces County, Texas. Said Utility Easement Closure more fully described by metes and bounds as follows: Commencing at the southwest corner of said Lot 7, a 5/8" iron rod, thence along the westerly line of said Lot 7, northwesterly with the fence along the arc of a curve concave to the west, 5.00 feet thru a radius of 762.10 feet, the chord of which lies NO2°14'04"W, 5.00 feet the Point of Beginning and southwest corner of this tract: Thence, parallel with the south line of said Lot 7, N 87°57'07"E, 7.50 feet, the southeast corner of this tract; Thence, parallel with the west line of said Lot 7, northwesterly 60.28 feet along the arc of a curve concave to the west through a radius of 769.60 feet the chord of which lies N04°39'45"W, 60.26 feet to a point of intersection with the northerly line of said Lot 7, the northeast corner of this tract; Thence, along the said northerly line of Lot 7, S83°05'25"W, 7.50 feet to a 5/8" iron rod, the northwest corner of said Lot 7 and the northwest corner of this tract; Thence, along the westerly line of said Lot 7, southwesterly with the fence along the arc of a curve concave to the west, 59.64 feet through a radius of 762.10 feet the chord of which lies SO4°39'52"E, 59.63 feet to the southwest corner of this tract and the Point of Beginning. This description is a part of and is referenced to Exhibit "B", a plat of this Easement Closure. R. Scott McClintock, Sr., R.P.L.S. Reg. # 5907 LOT 13 BLOCK 26 1 vO LOT 14 BLOCK 26 7.5' U/E — L=64. 67' R=762. 10' OP.0 BX L=59. 64' X R=762. 1 0 CRD. SO4°39'52' E 59.63' L=60.28' R=769.60' * * * *** EXHIBIT B *** EASEMENT VACATION *** WITHIN LOT 7, BLOCK 26 PADRE ISLAND—CORPUS CHRISTI COQUINA BAY VOLUME 68, PAGES 545-546, M.R.N.C.T. ithin the CITY of CORPUS CHRISTI, TEXAS 0 0 X CRD. N04°39'45"W 60.26' VACATED EASEMENT_ 449.73 SQ. FT. A — RADIUS: 762.10' LENGTH: 5.00 CRD: NO2°14'04'W 5.00' B — N8757'07"E 7.50' C — S83°05'25'W 7.50' LOT 7 BLOCK 26 7,623.98 SQ. FT. 0.175 AC. L=73. 95' R=872. 10' EL SOCCORRO LOOP R/W = 50' * SURVEYOR'S CERTIFICATION * I hereby certify that I am a Professional Land Surveyor, licensed and registered in the State of Texas, and that this plat was prepared by me, or under my direct supervision, that all dimensional details and relative bearings are correct as shown, all easements and ight of ways of record are as shown. DATED: / U ; 1 2018 R. co McClintock, Sr., R.P.L.S. Registration No. 5907 PROJECT: TX18-026 PRINT DATE: 6/18/18 SCALE : 1" = 20' NOTE: REFER TO EXHIBIT "A" FOR DESCRIPTION VICINITY MAP N.T.S. SOURCE: GOGGLE MAPS 2018 116001 EI Soccorro Loop 15 min drive - home sea Padre Balli Park 9 Briscoe King Pavillion DWG BY: R.S.M. 5/5/18 SCALE: 1" = 20' R.SCOLINTo CSr.RPROFESSIONAL oSURVEYOR 273 LOLA JOHNSON RD. CORPUS CHRISTI, TX. 78418 361-947-6812 Page _L of _L Easement Closure For Lot 7, Block 26, Padre Island -Corpus Christi, Coquina Bay (16001 El Soccorro Loop) City Council Presentation February 19,2019 Vicinity Map Coquina Bay Block 26, Lot 7 Easement Closure IIIIIHW Cabamss Fiald Nas At N Corpus t hnsli Naval AirSlalon " Mustang Island SP 16001 El Socorro Loop Chapman Ranch Aerial Overview Moposed 7.5' UE Clos Staff Recommendation Approval AGENDA MEMORANDUM First Reading for the City Council Meeting of February 19, 2019 Second Reading for the City Council Meeting February 26, 2019 DATE: January 28, 2019 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG(a�cctexas.com (361) 826-1718 Reimbursement Contract for Testing Soil and Water Samples for Proper Fertilizer Use and Indicator Parameters CAPTION: Ordinance to appropriate $37,048 in reimbursement funds received through the Reimbursement Contract with Coastal Bend Bays and Estuaries Program, Inc. for the Coastal Bend Fertilizer and Pesticides Monitoring Program in the No. 4300 Stormwater Treatment Fund. PURPOSE: This item is to appropriate reimbursement funds. BACKGROUND AND FINDINGS: In 2016, the City of Corpus Christi population was estimated to be 325,734; with an estimated 130,722 houses and condos. When used improperly, pesticide and fertilizer application can promote algal blooms and eutrophication of the receiving aquatic environment. Point and non -point source discharge is increased with the construction of impervious surface attributed to population growth. Currently, the City of Corpus Christi and surrounding areas lack comprehensive management of pesticides and fertilizers. Many homeowners and businesses may be unaware of the effects improper application can have on the environment and their pocket book. Through qualitative and quantitative data collection, this project will establish a baseline soil analysis for zip codes, and in subsequent years, monitor that baseline to evaluate the effectiveness of the public awareness campaign within the City of Corpus Christi. The project will determine areas of the City to be sampled and will offer soil testing to the public to determine fertilizer use. The goal is to sample 1% or at least 20 samples from each zip code, depending on sample analysis cost. The sites will be chosen randomly and on a voluntary basis and the first 1% of samples received from each zip code will be analyzed. Additionally, at the cost to the City, analytes will be added to the existing City of Corpus Christi Receiving Water Body Sampling Program and runoff analyses will continue as per the TPDES permit. The City of Corpus Christi Utilities- Treatment will collect stormwater discharge samples for analysis to determine how fertilizers are affecting soluble concentrations in the bay. ALTERNATIVES: Use City of Corpus Christi resources and funding to better understand how to improve management of fertilizers and pesticides and how it affects stormwater quality and its effect on the receiving water bodies within the City of Corpus Christi jurisdictional boundaries. 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 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $118,936 $118,936 Encumbered / Expended Amount 66,821 66,821 This item 37,048 37,048 BALANCE $ 89,163 $ 89,163 Fund(s): Stormwater Fund No. 4300 Comments: This is a reimbursement contract. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement with CBBEP Ordinance to appropriate $37,048 in reimbursement funds received through the Reimbursement Contract with Coastal Bend Bays and Estuaries Program, Inc. for the Coastal Bend Fertilizer and Pesticides Monitoring Program in the No. 4300 Stormwater Treatment Fund. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $37,048 in reimbursement funds received through the Reimbursement Contract with Coastal Bend Bays and Estuaries Program Inc. for the Coastal Bend Fertilizer and Pesticides Monitoring Program is accepted and appropriated in the No. 4300 Stormwater Treatment Fund. 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 Contract Number 1903 THE STATE OF TEXAS COUNTY OF NUECES REIMBURSEMENT CONTRACT FOR GOVERNMENTAL ENTITIES Coastal Bend Fertilizers and Pesticides Monitoring Program (Name of Project) THIS AGREEMENT is entered into by and between: Coastal Bend Bays & Estuaries Program, Inc., a non-profit organization ("CBBEP"), and City of Corpus Christi, a governmental entity (hereinafter "PERFORMING PARTY"). CBBEP and PERFORMING PARTY, in consideration of the mutual covenants in this contract, agree as follows: ARTICLE 1. WORK See attached Scope of Work. ARTICLE 2. PRICING AND PAYMENTS See attached Contract Costs Budget (for payment based on reimbursement of actual costs) and General Conditions Article 5. ARTICLE 3. MAXIMUM AMOUNT OF CONTRACT The total amount of this Contract shall not exceed: Thirty Seven Thousand Forty -Eight Dollars $37,048 (Written amount) ($ Numerical amount) unless this Contract is amended in writing. It is expressly understood and agreed by the parties to this contract that the performance on the part of the CBBEP of its obligations under this contract is contingent upon and subject to actual receipt by the CBBEP of sufficient and adequate funds from the funding sources identified in the CBBEP's comprehensive annual workplan. CBBEP funding will not exceed $37,048. ARTICLE 4. TERM OF CONTRACT This Contract shall begin upon final execution of this Contract and shall terminate on March 31,2020 unless terminated early or extended in accordance with the terms of the Contract. ARTICLE 5. CERTIFICATIONS 1. The CBBEP certifies that it has the authority to contract for the above services by authority as a non- profit corporation under the laws of the State of Texas. 2. PERFORMING PARTY certifies that it has authority to perform the services contracted for herein. ARTICLE 6. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreements between CBBEP and PERFORMING PARTY concerning the Work, consist of the following: 1. This Agreement 2. Scope of Work 3. Authorized Representatives / Records Location 1 4. Contracts Costs Budget 5. General Conditions 6. Federal Conditions 7. Additional Exhibits titled: (none) There are no Contract Documents other than those listed above in this Article. The Contract Documents may be amended, modified or supplemented only as provided in the General Conditions. The undersigned bind themselves to the faithful performance of this Contract: CBBEP: Coastal Bend Bays & Estuaries Program, Inc. By: Authorized Signature Ray Allen Printed Name Executive Director Title Date: PERFORMING PARTY: City of Corpus Christi By: Authorized Signature Printed Name Title Date: 2 REIMBURSEMENT CONTRACT SCOPE OF WORK The purpose of this contract is to provide the City of Corpus Christi funds to conduct soil testing throughout the City to determine use or overuse of fertilizers to determine if future actions to control nutrients are deemed necessary. The work to be provided by the PERFORMING PARTY shall correspond to the tasks found in Article IV and will be delivered in accordance with Article V. ARTICLE I. PERFORMING PARTY AUTHORIZED REPRESENTATIVE The Authorized Representative for the PERFORMING PARTY is as described in the attached "Authorized Representatives and Designated Location" form. ARTICLE II. CBBEP AUTHORIZED REPRESENTATIVE The Authorized Representative for the CBBEP is as described in the attached "Authorized Representatives and Designated Location" form. ARTICLE III. BACKGROUND/OBJECTIVE In 2016, the City of Corpus Christi population was estimated to be 325,734; with an estimated 130,722 houses and condos. When used improperly, pesticide and fertilizer application can promote algal blooms and eutrophication of the receiving aquatic environment. Point and non -point source discharge is increased with the construction of impervious surface attributed to population growth. Currently, the City of Corpus Christi and surrounding areas lack comprehensive management of pesticides and fertilizers. Many homeowners and businesses may be unaware of the effects improper application can have on the environment and their pocket book. Through qualitative and quantitative data collection, this project will establish a baseline soil analysis for zip codes, and in subsequent years, monitor that baseline to evaluate the effectiveness of the public awareness campaign within the City of Corpus Christi. The project will determine areas of the City to be sampled and will offer soil testing to the public to determine fertilizer use. The goal is to sample 1% or at least 20 samples from each zip code. The sites will be chosen randomly and on a voluntary basis and the first 1% of samples received from each zip code will be analyzed. Additionally, at the cost to the City, analytes will be added to the existing City of Corpus Christi Receiving Water Body Sampling Program and runoff analyses will continue as per the TPDES permit. The City of Corpus Christi Utilities -Treatment will collect stormwater discharge samples for analysis to determine how fertilizers are affecting soluble concentrations in the bay. The public awareness campaign will be done in 2 phases. The first phase will be public education and outreach promoting the soil sampling program and the second phase will be distributing results and the development and distribution of the Best Management Practice Guidance Document. The first phase to promote the program and gain interest from homeowners may include: social media promotion and graphics through posts on City of Corpus Christi Stormwater Facebook and Twitter pages, TV appearances, promotion through existing Texas A&M AgriLife newsletter, presentations at 2019 Corpus Christi annual Xeriscape Symposium, presentation at Texas A&M AgriLife Extension Landscaping conference, booth at Coastal Bend Earth Day Bay Day event, Fall and Spring Home and Garden Show, and possible outreach booths at local nurseries. Promotion will occur at all applicable events that Texas A&M AgriLife horticulture, Nueces Master Gardeners and Nueces Master Naturalists participate in, in 2017 this was more than 300 events. The second phase will distribute results and will include email distribution of individualized results of soil sample analysis and treatment recommendations with best management practice information to property owners who participated in the soil sampling program. The second phase may also include: posts on Corpus Christi Stormwater Facebook and Twitter pages, promotion through existing Texas A&M AgriLife newsletter, presentation at 2020 Corpus Christi annual Xeriscape Symposium, distribution of Best Management Practice Guidance document through the Texas A&M AgriLife Extension, and City of Corpus Christi through the Local Emergency Planning Committee and Environmental and Strategic 3 Initiatives departments and through the Stormwater division. The primary project objective is to gather soil nutrient information to evaluate whether management actions to reduce soil nutrients are needed to reduce the levels of soluble pollutants and nutrients introduced into Coastal Bend bays and estuaries by stormwater runoff. Data will be analyzed to identify areas of concern by zip code within the City of Corpus Christi. ARTICLE IV. TASKS The PERFORMING PARTY shall perform the following tasks: (a) Quality Assurance Project Plan. The PERFORMING PARTY shall prepare submit a written Quality Assurance Project Plan (QAPP) to the CBBEP Authorized Representative. The QAPP must be approved by the CBBEP Authorized Representative and EPA representatives prior to the PERFORMING PARTY initiating substantial work related to the major tasks as described in this Scope of Work (See Article VII (d) in this Scope of Work). (b) Graduate Student Intern. The PERFORMING PARTY shall employ a graduate student intern with dependable transportation to assist with the following activities. The intern will assist the City staff and Texas A&M Agrilife representatives with soil sample collection, data collection, and data analysis. (c) Soil Sampling. The PERFORMING PARTY shall implement a soil sampling plan that includes sampling of soil in each of the zip codes of the city with a goal of attaining a minimum of 20 soil samples derived from each zip code. (d) Public Awareness Campaign. The PERFORMING PARTY shall implement a public awareness campaign that will include presentations to the public, educational literature and face to face engagement. ARTICLE V. WORK PRODUCT DELIVERABLES FOR THIS CONTRACT (a) Quality Assurance Project Plan. The PERFORMING PARTY shall submit a written Quality Assurance Project Plan (QAPP) to the CBBEP Authorized Representative. The QAPP must be approved by the CBBEP Authorized Representative and EPA representatives prior to the PERFORMING PARTY initiating substantial work related to the major tasks as described in this Scope of Work (See Article VII (d) in this Scope of Work). (b) Quarterly Reports. The PERFORMING PARTY shall submit written quarterly progress reports by the end of each calendar quarter, with the reports due on December 10, March 10, June 10, and September 10, or upon the termination date of the contract. Quarterly reports shall detail progress on all major tasks, in chronological order. The Quarterly Reports shall be submitted to the CBBEP Authorized Representative. Instructions for preparing the quarterly report will be provided by the CBBEP Authorized Representative. (c) Draft Report. The PERFORMING PARTY shall submit a written draft report of work completed for review by the CBBEP Authorized Representative. The PERFORMING PARTY shall prepare a report that will be comprehensive and shall describe and analyze the data collected during the project. The report should also discuss any future implications for the study area and should contain recommendations on needs for additional investigation. The draft report shall include at a minimum the information requested in this Scope of Work. PERFORMING PARTY shall submit the draft report in an electronic format compatible with CBBEP software. (d) Final Report. The PERFORMING PARTY shall submit a written final report of work completed by no later than the date specified in the Schedule of Deliverables. The PERFORMING PARTY shall prepare a report that will be comprehensive and shall describe and analyze the data collected during the project. The final report shall include at a minimum the information requested in this Scope of Work, including revisions requested by the CBBEP Authorized Representative. 4 PERFORMING PARTY shall submit the final report in an electronic format compatible with CBBEP software. ARTICLE VI. SCHEDULE OF DELIVERABLES FOR THIS CONTRACT WORK PRODUCT SCHEDULE OF DELIVERABLES QAPP Within 30 days of contract execution date Quarterly Progress Reports End of each quarter Draft Report 02/28/2020 Final Report 03/31/2020 ARTICLE VII. OTHER REQUIREMENTS FOR THIS CONTRACT (a) At the invitation of the CBBEP, the PERFORMING PARTY is required to make two verbal presentations of this project, at or near its conclusion, to committees of the CBBEP. The presentation is intended to disseminate project results and coordinate findings with other ongoing work. (b) If required as a part of this project, the PERFORMING PARTY will strictly adhere to the CBBEP publication guidelines when submitting publications. Each written deliverable shall be submitted as four (4) hard copies and as an electronic text file (format requirements to be provided by CBBEP). At least one hard copy shall be unbound and of camera-ready quality for use as a CBBEP publication. The CBBEP publication guidelines can be obtained from the CBBEP Authorized Representative. (c) The PERFORMING PARTY shall submit to the CBBEP, within three weeks following a written request by CBBEP, a brief summary of project accomplishments and ongoing project work. The summary shall be written in everyday (non-technical) English for use in CBBEP newsletters, press releases, or other promotional publications. No more than one summary per quarter shall be required. (d) All data and information acquired or produced as part of this project shall be submitted in a standardized format as described in the "CBBEP (Coastal Bend Bays & Estuaries Program, Inc.) Data and Information Management Strategy" document, or the EPA Data Standards (as appropriate), which are available from the CBBEP. These documents will provide details on the format(s) required for submittal of textual, numerical, spatial, and other data and information. (e) For any data collection conducted for this project, the CBBEP shall be allowed full, appropriate access during data collection. This access is intended to promote ongoing communication between the CBBEP and personnel conducting the project, and to assure the project meets QA/QC criteria. (f) (g) For any data collection conducted for this project, the preparation of a Quality Assurance Project Plan (QAPP) as stipulated by the CBBEP Quality Management Plan (QMP) or by the EPA (Environmental Protection Agency) is required. Preparation of such a QAPP will be the sole responsibility of the PERFORMING PARTY, and shall comply with requirements set forth in the following guidance document which can be obtained from the CBBEP: "EPA Requirements for Quality Assurance Project Plans For Environmental Data Operations." EPA QA/R5. United States Environmental Protection Agency, Quality Assurance Management Staff, Washington, D.C. 20460. 5 AUTHORIZED REPRESENTATIVES AND DESIGNATED LOCATION FOR RECORD ACCESS AND REVIEW (a) The EXECUTIVE DIRECTOR of the CBBEP designates the individual named below as the person authorized to give direction to the PERFORMING PARTY as an Authorized Representative of the CBBEP. All communications including all payment requests must be addressed to the CBBEP Authorized Representative. Rae Mooney, Project Manager Coastal Bend Bays & Estuaries Program, Inc. 615 N. Upper Broadway, Suite 1200 Corpus Christi, Texas 78401 Phone: 361-336-0310 Fax: 361-881-5168 E-mail: rmooney@cbbep.org (b) The PERFORMING PARTY hereby designates the individual named below as the person authorized to receive direction from the CBBEP, to manage the work being performed, and to act on behalf of the PERFORMING PARTY as an Authorized Representative: Jeff Turner, Environmental Services Superintendent City of Corpus Christi 13101 Leopard Street, P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: (361) 826-1240 Email: JeffT@cctexas.com (c) The PERFORMING PARTY designates the following location for record access and review pursuant to Article 12 of the Contract or any other applicable provision: City of Corpus Christi 13101 Leopard Street, Corpus Christi, Texas 78469-9277 6 CONTRACT COSTS BUDGET A. Budget Authorized budgeted expenditures under this Contract are as follows: Personnel/Salary $10,000 Fringe Benefits $0 Travel $3,800 Supplies $10,000 Equipment $0 Contractual $13,248 Construction $0 Other $0 Total Direct Costs $37,048 Authorized Indirect Costs* $0 Total CBBEP Funding $37,048 B. Budget Control and Transfers Cumulative transfers among the budgeted direct cost categories must not exceed ten percent (10%) of the current Total CBBEP Funding amount. C. Submittal of Payment Requests Payment requests must be submitted at the interval specified below (whichever is checked; if none is checked, payment requests must be submitted monthly; if more than one is checked, invoices must be submitted when both requirements are met): © quarterly. ❑ other (specify) * Authorized Indirect Costs not to exceed 15% of Personnel/Salary cost. 7 GENERAL CONDITIONS REIMBURSEMENT CONTRACT PURCHASES ARTICLE 1. WORK PERFORMING PARTY agrees to provide the work described in and required by this Contract. In this Contract the term "Work" means the entire completed undertaking, or the various separately identifiable parts thereof. Work includes all goods, labor, services, materials and equipment provided in fulfillment of this Contract by any person or entity including PERFORMING PARTY'S employees, agents, assigns, suppliers, and subcontractors. ARTICLE 2. AMENDMENT This Contract may be amended only by written agreement signed by both parties. ARTICLE 3. INSURANCE PERFORMING PARTY will maintain and require its contractors and their subcontractors to maintain insurance coverage sufficient to protect CBBEP against any and all claims that may arise out of or resulting from their performance of the Work and the other obligations undertaken in this Contract, and to maintain Workers Compensation Insurance which complies with Texas statutory requirements. ARTICLE 4. ACCEPTANCE, CORRECTIONS, WAIVER, QUALITY 4.1. Acceptance. All Work must be complete and satisfactory in the reasonable judgment of the CBBEP, and will be indicated in writing by the CBBEP. 4.2. Corrections. PERFORMING PARTY will correct errors, omissions, and deficiencies at no charge to the CBBEP. 4.3. Waiver. No waiver, whether expressed or implied, shall be construed as a continuing waiver unless it is specifically described in writing as a continuing waiver. 4.4. Quality. 4.4.1. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract. 4.4.2. If required by CBBEP, PERFORMING PARTY will furnish satisfactory evidence (which may include reports of required tests) as to the kind and quality of materials and equipment. 4.4.3. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract. ARTICLE 5. PAYMENT 5.1. CBBEP will reimburse PERFORMING PARTY'S actual incurred costs of performance which are both: 1) allowable and 2) eligible for reimbursement. 5.2. Allowable Costs. A cost is allowable if it is within a category authorized by the Contract Documents and other rules, regulations, policies, guidelines, and statues applicable to this Contract including without limitation: 5.2.1. Contract Cost Budget of the Contract Documents (pertaining to authorized cost expenditures for this Agreement); 8 5.2.2. Uniform Grant Management Standards (UGMS) promulgated by the Office of the Governor of Texas; 5.2.3. TCEQ Allowable Expenditure Guidelines (pertaining to allowable costs for cost reimbursement contracts and grants); 5.2.4. CBBEP rules and policies (pertaining to CBBEP contracts and grants); 5.2.5. Other applicable State rules and statutes; 5.2.6. Federal regulations of EPA and other agencies and federal statues (pertaining to allowable costs where funding is from a federal source). 5.2.7. With regards to all references to UGMS within this contract, CBBEP agrees PERFORMING PARTY'S compliance with OMB Circulars A-21, A-110, and A-133 (applicable to universities) is functionally sufficient to comply with UGMS. 5.3 Eligible Costs. Costs are eligible for reimbursement when the PERFORMING PARTY has complied with the conditions/requirements stated in the Contract Documents. The requirements generally relate to the following: 5.3.1. performing the Work as specified; 5.3.2. conducting subcontract activities as specified; 5.3.3. conducting administrative activities as specified; 5.3.4. maintaining financial and administrative records and documentation; 5.3.5. submitting documents as specified and also upon request of CBBEP. 5.4. Payment Methods. CBBEP will pay approved requests for reimbursement upon receipt of funds for that purpose from TCEQ or other funding entity. CBBEP is not liable to make payment to the PERFORMING PARTY if funding is not available from TCEQ or other funding entity. CBBEP will reimburse PERFORMING PARTY'S allowable costs of providing Work which is timely and satisfactory, accepted by CBBEP, and in conformity with all requirements of this Contract and applicable law. Payment will be on a reimbursement basis of actual costs as expended. Payment will be made no more than 90 days after receipt of PERFORMING PARTY'S reimbursement request and CBBEP'S approval of PERFORMING PARTY'S reimbursement request. 5.5. Reimbursement of Actual Cost as Expended. PERFORMING PARTY will be paid on the basis of reimbursement of actual costs. At the intervals specified in the Contract Costs Budget, PERFORMING PARTY may submit a request for reimbursement of the actual costs it has incurred. All such requests must be accompanied by supporting documentation as required by this Contract. PERFORMING PARTY agrees that the CBBEP's obligation to reimburse the PERFORMING PARTY'S costs will remain within the Contract Costs Budget and that cumulative transfers among the budgeted direct cost categories must not exceed ten percent (10%) of the Total CBBEP Funding amount. 5.5.1. All reimbursement requests must be submitted to the CBBEP Project Representative on a completed CBBEP Financial Status Report (CBBEP Form 269a) or State of Texas Financial Status Report (Form 269a) and (as applicable) Supplemental Financial Status Report Forms 269a-1, 269a-2, 269a-3, and 269a-4. All requests must show the budgeted cost categories for the reported expenditures, indicating the amount remaining in each category. A final Financial Status Report must be submitted no later than (sixty) 60 days following the termination date of this Contract. CBBEP may refuse to reimburse expenditures for which the PERMORMING PARTY submits a voucher and/or Financial Status Report more than sixty (60) days after the termination date of this Contract. 9 5.5.2. All requests for reimbursement under this Contract shall contain sufficient identification of, and information concerning, the costs incurred so as to enable CBBEP to ascertain the eligibility of a particular expenditure and to enable subsequent audit thereof. 5.5.3. CBBEP will review the submittal and approve or reject the request for payment. 5.5.4. No funds may be expended under this Contract for the implementation of sampling and analysis activities, nor any activities subsequent thereto, prior to the receipt of written approval from the CBBEP of the Quality Assurance Project Plan for the project. 5.5.5. The PERFORMING PARTY is responsible, throughout the term of this Contract, for tracking and insuring that expenditure amounts under this Contract remain within the various budgeted cost categories. 5.5.6. If the requests for payment do not satisfactorily demonstrate the accomplishment of the required tasks, or that costs are allowable, eligible, actual and incurred costs, the CBBEP will reject the request until such time as the deficiencies have been corrected. 5.5.7. CBBEP is not obligated to make payment until the request for payment is approved by TCEQ or other funding agency. Further, the CBBEP reserves the right to suspend or withhold all or part of a payment or all payments as authorized by the Contract Documents. 5.6. Contract Costs Budget. In addition to other requirements for allowable costs, PERFORMING PARTY'S costs must be incurred for those categories of costs and in the amounts described in the Contract Costs Budget contained in the Contract Documents. The Contract Costs budget may be amended only by written agreement of the CBBEP and in accordance with these Contract Documents. The provisions of UGMS will be utilized to determine when costs are considered to be incurred. 5.7. Cost Documentation. To be eligible for reimbursement under this Contract, a cost must have been incurred within the time period indicated on a CBBEP Financial Status Report (CBBEP Form 269a) or State of Texas Financial Status Report (Form 269a) and either paid by the PERFORMING PARTY prior to claiming reimbursement from CBBEP or incurred by the last day of the time period indicated and liquidated no later than forty-five (45) days after the end of the time period indicated in Box 9 of the Financial Status Report. 5.7.1. The PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 269a, legible documentation that (1) serves to further identify the specific items, equipment or services provided, (2) clearly identifies the vendor who provided the items, equipment or services, and (3) that confirms the reimbursable amount listed on the form. 5.7.2. All requests for reimbursement shall be identified with respect to the major tasks or objectives set forth in Attachment A of this Contract that such expenditures support or satisfy. When a single expenditure supports or satisfies more than one task or objective, the PERFORMING PARTY need not break down that particular expenditure by specific contract task or objective but may simply identify, in relative cost order, the various tasks or objectives supported. 5.7.3. All requests for reimbursement of expenditures that fall within the "Equipment" category of the budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-1 and identified with respect to the major tasks or objectives, set forth in Attachment A of this Contract, that such expenditures support or satisfy. The attached documentation shall be either a purchase order marked "received/paid" or a vendor - submitted invoice similarly marked. "Equipment" is defined as tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $1,000 or more per unit. 10 5.7.4. All requests for reimbursement of expenditures that fall within the "Contractual" category of the budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-1 and identified with respect to the major tasks or objectives, set forth in Attachment A of this Contract, that such expenditures support or satisfy. The attached documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices. "Subcontractor" is defined as an individual, firm, or corporation having a direct contract with PERFORMING PARTY or with any other Subcontractor for the performance of a part of the Work. 5.7.5. All requests for the reimbursement of expenditures that fall within the "Supply" category of the budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-2 and identified with respect to the major tasks or objectives, set forth in Attachment A of this Contract, that such expenditures support or satisfy. Although issued purchase orders and/or invoices marked "received/paid" represent the preferred types of documentation for purposes of this section, the PERFORMING PARTY may substitute/attach other records or documents that provide the same type of information. "Supplies" is defined as costs for materials or items having a purchase price (including freight) of less than $1,000. The PERFORMING PARTY shall not intentionally break up single orders of identical or similar items, materials or supplies simply for the purpose of avoiding the above requirement to provide confirming documentation when submitting reimbursement requests to CBBEP. 5.7.6. All requests for the reimbursement of expenditures that fall within the "Other" category of the budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a- 2 and identified with respect to the major tasks or objectives, set forth in Attachment A of this Contract, that such expenditures support or satisfy. Although issued purchase orders and/or invoices marked "received/paid" represent the preferred types of documentation for purposes of this section, the PERFORMING PARTY may substitute/attach other records or documents that provide the same type of information. "Other" is defined as all direct cost items or services not previously identified, including, but not limited to: space rental, printing, utilities, registration and postage. 5.7.7. All requests for reimbursement of expenditures that fall within the "Personnel/Salary" or "Fringe" categories of the budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-3 and identified by each employee name; title or position; salary for the period; and task number worked. In order to receive reimbursement, the PERFORMING PARTY shall provide copies of signed time sheets for all employees that will verify the total, overall hours of time being directly billed to this contract. Documentation for fringe benefits must list employee benefits that constitute cost with each employee listed on the Personnel/Salary section of the CBBEP Supplemental Form 269a-3. 5.7.8. All requests for the reimbursement of expenditures that fall within the "Travel" category of the budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a- 4 and identified with respect to the major tasks or objectives, set forth in Attachment A of this Contract, that such expenditures support or satisfy. All costs listed on Form 269a-4 must be supported by attached documentation that identifies the name of the traveler(s), and that substantiates the reported reimbursable costs. Documentation, for the purpose of substantiating travel related costs, includes the following: (1) legible copies of PERFORMING PARTY -approved travel vouchers, signed by the employees who traveled, and (2) for travel -related expenses borne directly by the PERFORMING PARTY (and thus for which reimbursement by the PERFORMING PARTY to the traveler was not required), separate receipts showing, at a minimum, the traveler's name, the travel location, and the travel dates(s). Any reimbursement for travel requested by the PERFORMING PARTY is subject to the limitations contained in General Appropriations 11 Act of the Texas Legislature. Travel by volunteers will not be reimbursed unless pre - approved by CBBEP. ARTICLE 6. SUBCONTRACTORS, OTHERS 6.1. Qualified Personnel. All employees and subcontractors employed by PERFORMING PARTY on or for the Work must have sufficient qualifications to perform the Work. 6.2. Objections. All subcontract agreements must be in writing and approved in advance by the CBBEP. The PERFORMING PARTY shall forward any proposed subcontractor agreement providing for the performance of work under this Contract's Scope of Work to CBBEP's Project Representative prior to execution of the subcontractor agreement. The CBBEP may, as of receipt of the proposed subcontractor agreement, provide written notice (fax acceptable) to the PERFORMING PARTY questioning whether the subcontractor agreement is for a legitimate purpose relating to the satisfaction of this Contract or has been procured in accordance with the minimum standards of the UGCMA and UGMS. The PERFORMING PARTY shall not enter into a questioned subcontractor agreement until the CBBEP has withdrawn all questions raised in the notice. PERFORMING PARTY will not employ an y particular subcontractor, supplier or other person or organization on or for the Work if CBBEP makes a reasonable written objection against such subcontractor, supplier, person, or organization. PERFORMING PARTY will not be required to employ any particular subcontractor, supplier or other person or organization if PERFORMING PARTY makes a reasonable objection. Neither the CBBEP's failure to question a subcontractor agreement nor its subsequent withdrawal of any questions raised regarding a subcontractor agreement shall in any way imply the CBBEP's approval of the subcontractor agreement's purpose of method of procurement of the subcontractor agreement. 6.3. Subcontracts. PERFORMING PARTY will include all provisions which may be necessary to accomplish all requirements of this Contract in its employment policies and contracts and its subcontracts, and shall require its subcontractors to do the same. Work performed under this contract will be considered a "public work". Wages prevailing in the area of the work performed will be paid in accordance with federal and state laws, including, as applicable, complying with the provisions of the Davis -Bacon Act (40 U.S.C., § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § § 327-333), regarding labor standards for federally assisted construction subagreement. 6.4. Contractual Expenditures. PERFORMING PARTY agrees that all contractual expenditures using funds provided under this Contract shall meet all procurement laws and regulations. PERFORMING PARTY must provide documentation to support the selection and award of the subcontractor. Reimbursement of subcontractors' expenditures for supplies, equipment and services shall be based on actual cost and may not be marked -up. 6.5. Management and Fiscal Monitoring. The PERFORMING PARTY shall be responsible for the management and fiscal monitoring of all subcontractors. The PERFORMING PARTY shall monitor its subcontractors to ensure that the subcontractors are operating consistently with applicable laws and regulations, applicable contracting policies, and these Contract Documents. The PERFORMING PARTY shall ensure that all subcontractors comply with all record keeping and access requirements set forth in these Contract Documents. Subcontractors performing services that are billed on the basis of time must provide copies of signed time sheets for all subcontractor employees billed to the project. Subcontractors billing for mileage may only charge the approved state mileage rate and must provide supporting documentation. Markup by subcontractors is not allowed. PERFORMING PARTY and subcontractors shall maintain detailed records. The CBBEP reserves the right to perform an independent audit of subcontractors. 6.6. Competition. All subcontracts awarded by the PERFORMING PARTY under this Contract will be awarded on the basis of competitive applications and proposals. All subcontracts for certain professional services (except contracts with other government entities authorized by relevant state laws), including engineering services, will be awarded in accordance with Texas Government Code Chapter 2254. All other subcontracts (except contracts with other government entities authorized by relevant state laws) awarded by the PERFORMING PARTY under this contract will be awarded on a competitive basis in 12 accordance with relevant procurement laws and regulations, including, but not limited to, UGMS, Texas Local Government Code Chapters 252, 262 and 271, and Texas Government Code 2156. The applications and proposals will be evaluated utilizing criteria including cost comparison, probable quality of goods or services, past performance and conformity with the requirements of the Contract Documents. The use of the "cost plus a percentage of cost" method of contracting is precluded by the Common Rule of OMB Circular A-102, as adopted by UGMS. ARTICLE 7. INTELLECTUAL PROPERTY 7.1. License of Future Rights. With respect to any intellectual property which is conceived, developed, written, invented, first actually reduced to practice or otherwise produced by PERFORMING PARTY, its employees, subcontractors, or subcontractor's employees during the performance of the Work, PERFORMING PARTY hereby assigns to CBBEP a nonexclusive, perpetual, irrevocable, enterprise -wide license to use, copy, publish and modify such intellectual property and authorize others to do so for CBBEP purposes. Upon termination of this Contract, all data and information by PERFORMING PARTY will be furnished to CBBEP. To the extent consistent with the rights of third parties, the State of Texas and/or the Federal Government shall also have the right to sell any intellectual property right it reserves or acquires through this Contract. 7.2. License of Existing Rights. PERFORMING PARTY grants to CBBEP, TCEQ and EPA, a nonexclusive, perpetual, irrevocable, enterprise -wide license to use, copy, publish, and modify any intellectual property in the Work and to authorize others to do so for CBBEP purposes. PERFORMING PARTY shall secure all necessary intellectual property licenses from third parties and warrants that the Work and the intended use of the Work will not infringe any property rights of any third -party. PERFORMING PARTY agrees to require its contractors to indemnify and hold harmless CBBEP from damages arising from or related to any infringement of rights in intellectual property. To the extent permitted by law, PERFORMING PARTY agrees to indemnify and hold harmless CBBEP from damages arising from or related to any infringement of rights in intellectual property. ARTICLE 8. SEVERABILITY The fact that a particular provision is held under any applicable law to be void or unenforceable in no way affects the validity of other provisions and the contract will continue to be binding on both parties. Any provision that is held to be void or unenforceable will be replaced with language that is as close as possible to the intent of the original provision. ARTICLE 9. SUSPENSION; TERMINATION 9.1. For Cause. In the event of PERFORMING PARTY'S failure to perform the Work as required by the Contract, violation of applicable law, substantial or material default, or other cause, CBBEP may suspend the Work or terminate this Contract for cause. 9.2. Force Majeure. In the event of delay or failure of performance caused by force majeure, CBBEP may terminate this Agreement in whole or part upon seven (7) days written notice. 9.3. For Convenience. Either party may terminate this Contract for convenience and without cause upon seven (7) days notice. 9.4. Payment Adjustment. If the CBBEP terminates for convenience or because of force majeure, PERFORMING PARTY shall be paid only for goods and services provided and necessary expenses incurred prior to termination. ARTICLE 10. SURVIVAL OF OBLIGATIONS All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with this Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion and acceptance of the Work and termination or completion of the Contract. 13 ARTICLE 11. LAWS AND REGULATIONS PERFORMING PARTY shall give all notices and comply with all applicable law regarding the Work. Except where otherwise expressly required by applicable law, CBBEP shall not be responsible for monitoring PERFORMING PARTY compliance with any applicable law. PERFORMING PARTY shall, except as otherwise provided in this Agreement, be responsible for obtaining any necessary licenses and permits. ARTICLE 12. AUDIT, ACCESS TO RECORDS The PERFORMING PARTY shall maintain books and records concerning all Work under this Contract (including that performed by subcontractors), and shall retain them for at least three (3) years from the date of termination of this Contract. The CBBEP, the TCEQ, the Texas State Auditor's Office, and EPA or any of their duly authorized representatives may review, audit, copy, or disclose the contents of such books or records at any time. ARTICLE 13. ACKNOWLEDGMENT OF FINANCIAL SUPPORT The PERFORMING PARTY shall acknowledge the financial support of the CBBEP, the TCEQ and EPA whenever work funded, in whole or part, by this Contract is publicized or reported in news media or publications. All reports and other documents completed as a part of this Contract, other than documents prepared exclusively for internal use within the CBBEP, shall carry the following notation on the front cover or title page: PREPARED IN COOPERATION WITH THE COASTAL BEND BAYS & ESTUARIES PROGRAM, INC., TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND/OR U.S. ENVIRONMENTAL PROTECTION AGENCY If the funding source is a U.S. agency other than EPA or TCEQ, the name of the appropriate funding agency should be substituted or included. ARTICLE 14. COST AND PRICE OF THIS CONTRACT If this Contract was not competitively procured or if payment is based on reimbursement of actual costs, then PERFORMING PARTY shall submit cost information sufficient for a cost analysis as required by Uniform Grant Management Standards (UGMS) and 40 CFR 31.36. This information must be submitted on forms provided by the CBBEP. ARTICLE 15. ACCOUNTING SYSTEMS AND PROPERTY MANAGEMENT SYSTEMS 15.1. PERFORMING PARTY shall have an accounting system which accounts for costs in accordance with generally accepted accounting standards or principles and complies with UGMS and 40 CFR 31.20. This system shall provide for the identification, accumulation, and segregation of allowable and unallowable project costs among projects. 15.2. PERFORMING PARTY shall have a property management system that complies with the standard of and requirements in UGMS and 40 CFR 31.32 through 31.33. ARTICLE 16. CLOSEOUT When CBBEP determines that all applicable administrative activities and all required work of this Agreement have been completed, or this Agreement is terminated, the CBBEP shall give Notice of Closeout of the Award. Within 30 days after the issuance of the NOTICE of Closeout of the Award, the PERFORMING PARTY must submit all financial, performance, and other reports as required' as a condition of the grant. These reports may include, but are not limited to: 1. All performance or progress reports required by this Agreement. 2. Financial Status Report. 14 3. Final request for payment. 4. CBBEP Release of Claims form. ARTICLE 17. MISCELLANEOUS 17.1. Except as otherwise provided in this Contract, PERFORMING PARTY will direct all communications with the CBBEP to the Project Representative designated by the CBBEP. The PERFORMING PARTY will designate a Project Representative to receive all communications from the CBBEP. Both Project Representatives will be designated in writing (see Project Representatives / Records Location). 17.2. "Time is of the Essence" will apply to all time limits stated in the Contract. However, PERFORMING PARTY and CBBEP may mutually agree in writing to extend the PERFORMING PARTY'S time of performance when PERFORMING PARTY requests a no -cost extension, so long as CBBEP obtains an extension to its grant and this contract's term does not extend beyond CBBEP's contract for the grant. Such extension of time to this contract shall not constitute a breach of contract by the PERFORMING PARTY. 17.3. The PERFORMING PARTY will adhere to all applicable standards, principles and guidelines detailed in UGMS, including those related to financial monitoring, auditing and record keeping. 15 FEDERAL CONDITIONS ARTICLE 1. FEDERAL REQUIREMENTS This Contract is funded in part with federal grant money. The following conditions apply to this Contract in addition to all other contract terms. All applicable requirements of CBBEP's federal grants and 40 CFR Parts 30 through 35 are incorporated herein by reference (CBBEP will provide copies of applicable federal grants or regulations upon request). The term "PERFORMING PARTY" as used in these Federal Conditions means either PERFORMING PARTY or CONTRACTOR, as applicable. ARTICLE 2. DEBARMENT On or prior to the effective date of this Contract, PERFORMING PARTY must submit a Certification Regarding Debarment, Suspension, and Other Responsibility Matters. PERFORMING PARTY must also submit a Certification Regarding Debarment, Suspension, and Other Responsibility Matters / Lower Tier for each subcontractor it employs to conduct the Work. These certifications must be submitted on forms provided by the CBBEP. ARTICLE 3. MINORITY BUSINESS ENTERPRISES / WOMEN'S BUSINESS ENTERPRISES (MBE/WBEs) PERFORMING PARTY shall take steps to encourage participation by minority business enterprises and women's business enterprises in the performance of this Contract. 16 STORM WATER PUBLIC EDUCATION AND OUTREACH PLAN Introduction Ever since the City of Corpus Christ received its National Pollution Discharge Elimination System (NPDES) Permit in 1995, Storm Water and other departments have performed public education and outreach to improve water quality. The City's original Storm Water Management Plan described some of these activities. On August 11, 2008, the City received its new Texas Pollution Discharge Elimination System (TPDES) Permit. In order to maximize the flexibility of the new Storm Water Management Plan in regards to public education and outreach, staff decided to create a separate document: the "Storm Water Public Education and Outreach Plan". The function of this external document is to delineate a set of outreach programs performed or to be performed by the City without "freezing" those programs within the confines of the Storm Water Management Plan. By doing so, staff hope that it will be a simpler process to drop those outreach programs which have fulfilled their function or amend those which have not. It will be a simpler process, as well, to add new programs. The inherent ability to modify a document external to the Storm Water Management Plan gives the City the ability to respond more quickly to changes in the community and in regulation as well as budgetary considerations. The "Storm Water Public Education and Outreach Plan" should be considered a "living document." That is, what is presented in Fiscal 2008-2009 captures focus topics that were identified via a telephone survey conducted by Texas A&M — Corpus Christi's Social Science Research Center (SSRC) of the College of Liberal Arts as well as the exigencies of an emerging storm water utility and a new Texas Pollution Discharge Elimination System (TPDES) Permit ("Permit"). Over the course of time, the focus topics in this Plan will change to deal with new areas of concern brought to light from subsequent community surveys as well as changes in Permit requirements or community situations. This document is a tool to assist in developing the particulars for each targeted outreach effort. It is expected that each focus topic will take a period of time to a) develop the outreach materials and b) implement the outreach effort. This outreach effort should have a specific duration of activity, for example, six months, one year, two years, continuously, etc. At the end of the outreach period, an evaluation via survey or other methodology should take place to determine overall effectiveness of the program. The evaluation will determine whether additional modified efforts should take place or whether new focus topics should be addressed. Over time, the focus topics should become more and more specific to targeted audiences. Ultimately, the "Storm Water Public Education and Outreach Plan" will consist of focus topics directed towards service station operators, car wash owners, or other such very specific audiences and problems or issues related thereto. This will, of course, necessitate the use of surveys, inspections or other data - gathering tools in order to identify the issues. Plan Organization The "Storm Water Public Education and Outreach Plan" covers several topics. Each topic begins with a table which summarizes the driving force(s), goals, objectives and methods with which the objectives will be met. As this is a living document, the methods of achieving goals 1 may not represent everything that is actually done. However, they do provide a baseline of ideas for reaching the desired target audiences. As each focus topic is addressed by the Outreach and Education staff, the message(s) and distribution methods will be more fully fleshed out. Following each summary table, information is provided which gives more insight both on what is driving the outreach and education Focus topic and how that program is to be implemented. Finally, a copy of the 2008 Storm Water Survey instrument and survey results is provided. It is anticipated that the City of Corpus Christi Storm Water Survey will be performed approximately every five years. This will allow staff the ability to assess the effectiveness of ongoing outreach and education programs as well as to identify new areas of concern regarding non -point source pollution. It is important that specific questions in the 2008 survey which generate Focus topics be included each time the survey is performed so that trends in response can be determined 2 FOCUS: TWO SEPARATE DRAINAGE SYSTEMS Driving Force: In FY 09-10, the City will start charging a separate storm water utility fee to finance the City's Storm Water Management Program. Initial survey indicates more than half the population does not know that the storm water system is separate from wastewater drainage system or that storm water runoff is not treated. Goal: Within one year of implementation, increase awareness by more than 75% of the population that there are two separate drainage systems and that storm water runoff is untreated. Objective: Develop and implement a public education program about the two drainage systems. Objective Target Audience Message Format Distribution Responsible Party Evaluation Develop and implement a public education program about the two drainage systems. Utility Customers The storm water system is separate from the wastewater system and storm water is not treated. Tri -fold brochure Via utility bills Storm Water Dept. Post -program survey Viewing public Power Point slide Bulletin Board message — CCTV Subscribers 1/4 page ad Caller -Times Public Tri -fold brochure City website 3 FOCUS: TWO SEPARATE DRAINAGE SYSTEMS Background In a statistically valid telephone survey of Corpus Christi residents performed by SSRC in May 2008, 34.2% of the population thought the City's sanitary sewer system and storm water system flowed through the same pipe Another 20.5% did not know whether or not this condition was true or refused to answer the question (2008 survey question #6). Additionally, nearly 31% of the population believes storm water runoff is treated or do not know if it is or not (2008 survey question #7). Given that potentially 54.7% of the Corpus Christi population does not know that storm water systems are separate from wastewater systems and that storm water runoff is untreated, one of the first steps in the Outreach Plan should be to educate the population on this regard. A person who thinks storm water is treated may behave differently than one who understands the significance of untreated storm water. Simultaneous to the citizen survey, City Council approved an ordinance creating a storm water utility. Previous to this point, the Storm Water Department was part of the Water Fund. Effective with Fiscal Year 2008-2009, Storm Water had its own fund. Separate charges for storm water are expected to begin in August 2009. The Storm Water Department will be able to take advantage of heightened publicity during the charge development stage to further educate the population on the separate storm sewer system (MS4). Goal The goal of this outreach topic is to educate the population so that more than 75% know that the storm water system and the wastewater system are separate. Additionally, the populace will have a better understanding of the structure of the system and how it operates. General information regarding non -point source pollution and storm water runoff will be provided as well. Objective The objective of this Focus topic is to develop a comprehensive public education program regarding the storm water and wastewater systems, focusing on the MS4. The fundamental message is that the storm water system is separate from the wastewater system and that storm water is not treated. Methodology The message of this topic is that the storm water system is separate from the wastewater system and that storm water is not treated. A multi -pronged approach to outreach on this Focus topic will be used. The components will include the following: • Target Audience: Utility customers. Utility customers will receive a brochure with their bills in mid -Fiscal 2008-2009. This brochure will subsequently be available as part of the new -customer information packet at the City's Utility Business Office. This 4 brochure will also be available at Department presentations and exhibits. Duration: 1 month initial mailout, ongoing thereafter. • Target Audience: Viewing public. A simple bulletin board message on the City's closed circuit TV (Channel 20) will be aired during Fiscal 2008-2009 and 2009-2010. Duration: 1 month, repeated a second year. • Target Audience: Subscribers. An advertisement will be developed and published in the Corpus Christi Caller -Times during the latter half of Fiscal 2008-2009. This ad will be repeated every two years. Duration: published one day. • Target Audience: On-line viewers. The brochure developed for utility customers will be posted on the City's website. Duration: ongoing. Evaluation A question regarding the separate systems will be added to the City of Corpus Christi Citizen Satisfaction Survey performed by SSRC. The results of this question will determine whether the outreach program in its entirety or in a modified state needs to be repeated. 5 FOCUS: STORM WATER UTILITY SERVICES Driving Force: In FY 09-10, the City will start charging a separate storm water utility fee to finance the City's Storm Water Management Program. Initial survey indicates that half the population does not understand that they benefit every day from services delivered by the Storm Water Department. Goal: Within one year of implementation, increase awareness by more than 75% of the population of the benefits of storm water services. Objective: Develop and implement a public education program about the utility. Objective Target Audience Message Format Distribution Responsible Party Evaluation Develop and implement a public education program about the utility. Utility Customers You benefit every day from the storm water department's services. Tri -fold brochure Via utility bills Storm Water Department Post - program survey Viewing public Informational short film CCTV Subscribers 1/4 page ad Caller -Times Public Tri -fold brochure City website 6 FOCUS: STORM WATER UTILITY SERVICES Background During the May 2008 Storm Water Survey fully 67.3% of the respondents said they had not personally benefited from storm water services (2008 survey question #33). Given that the population drives on City streets daily and that localized flooding rarely occurs, this seems to demonstrate a significant lack of understanding regarding the range of Storm Water Department services. Given the fact that a separate line item for Storm Water Utility charges will be appearing on utility customers' bills effective August 2009, it is important that citizens understand the benefits for which they are paying. Goal The goal of this outreach topic is to educate the population so that more than 75% knows that they benefit daily from the services of the Storm Water Department. Objective The objective of this Focus topic is to develop a comprehensive public education program regarding the Storm Water Department's services and the use to which collected revenues will be made. In doing so, it is hoped that the populace will understand the value of the storm water utility. Methodology The message of this topic is that citizens benefit every day from the Storm Water Department's services. A multi -pronged approach to outreach on this Focus topic will be used. The components will include the following: • Target Audience: Utility customers. Utility customers will receive a brochure with their December 2008 bills. This brochure will subsequently be available as part of the new -customer information packet at the City's Utility Business Office. This brochure will also be available at Department presentations and exhibits. Duration: 1 time initial mailout, ongoing at UBO. • Target Audience: viewing public. A short informational video will be produced mid - Fiscal 2008-2009 which will be aired several times a week on the City's closed circuit television station (Channel 20) during the spring and summer of 2009. This video will be continued in rotation, but at a less intense level subsequently. Duration: ongoing. • Target Audience: Subscribers. An advertisement will be developed and published in the Corpus Christi Caller -Times during the latter half of Fiscal 2008-2009. This ad will be repeated in Fiscal 2009-2010. Duration: 1 day publishing, repeated a second year. • Target Audience: On-line viewers. The brochure developed for utility customers will be posted on the City's website. Duration: ongoing. 7 Evaluation A question asking if a respondent has personally benefitted from Storm Water Department services will be added to the City of Corpus Christi Citizen Satisfaction Survey performed by SSRC. The results of this question will determine whether the outreach program in its entirety or in a modified state needs to be repeated. 8 FOCUS: POLLUTION PREVENTION TRAINING - OPERATIONS Driving Force: City forces perform functions during the course of daily operations which can lead to significant non -point source pollution. Although each department has its own BMP's, the City does not have a comprehensive training program targeting storm water pollution prevention. Goal: Train employees of each department on ways to recognize, and to prevent, non -point source pollution during routine work. Objective: Develop and implement a department -specific pollution prevention training program City- wide. Objective Target Audience Message Format Distribution Responsible Party Evaluation Develop and City It's our Permit Training In-house Environmental Pre- and implement a Depart- and our program training Services Post -training department- specific ments responsibility. Department & Storm Water evaluations Periodic pollution prevention training program City-wide. Know how your day-to-day operations impact the MS4 and how you can perform your job while minimizing pollution. Department audits 9 FOCUS: POLLUTION PREVENTION TRAINING - OPERATIONS Background City forces perform functions during the course of daily operations which can lead to significant non -point source pollution. Although each department has its own BMP's, the City does not have a comprehensive training program targeting storm water pollution prevention. Implementation Date / Sequence Fiscal year 2009-2010 Goal The goal of this outreach topic is to train employees within specific departments to use nonpolluting practices in their day-to-day operations . Objective The objective of this Focus topic is to develop and implement a department -specific training program City-wide. Methodology The message of this topic is "It's Our Permit and Our Responsibility." City staff needs to know how their day-to-day operations impact the MS4 and how they can perform their jobs while minimizing pollution. • Target Audience: City Departments. A multi -faceted training program will be implemented by the Environmental Services and Storm Water departments. Although the program is yet to be developed, it will include an array of training methodologies such as classroom presentations (with Power Point) and on-site demonstrations with hands-on practice. The program will be designed such that after initial training, departments may request additional training on an as -needed basis. Evaluation Students will receive a "status of knowledge and practices" quiz before training begins. This quiz will be retaken after the training program is completed. Additionally, participating departments will be subject to periodic audits to ensure compliance with best management practices. 10 FOCUS: POLLUTION PREVENTION TRAINING - CONSTRUCTION SITES Driving Force: Commercial construction forces perform functions during the course of daily operations which can lead to significant non -point source pollution. Although each company may have its own BMP's, the City does not have a comprehensive training program targeting storm water pollution prevention. Goal: Train employees of each construction company on ways to recognize, and to prevent, non -point source pollution during routine work. Objective: Develop and implement a pollution prevention training program for construction site inspectors, contractors and operators. Objective Target Audience Message Format Distribution Responsible Party Evaluation Develop and Commercial How to Training Similar to San Storm Water Pre- and implement a sector: properly program Antonio Water Department Post -training pollution contractors conduct a System's evaluations prevention and site site TPDES Periodic training program for operators. inspection and the Inspector Training inspections construction site inspectors, contractors and operators. City sector: construction inspectors. regulatory expectations of such an inspection. Workshop 11 FOCUS: POLLUTION PREVENTION TRAINING - CONSTRUCTION SITES Background Commercial construction forces perform functions during the course of daily operations which can lead to significant non -point source pollution. Although each company has its own BMP's, the City does not have a comprehensive training program targeting storm water pollution prevention. By having inspectors, contractors and operators of construction sites go through the same training, each party will know exactly what the regulations and expectations are and non- compliance should be reduced. Goal The goal of this Focus topic is to train construction site inspectors and members of the construction industry in the correct way to perform inspections and the regulatory requirements regarding those inspections. Objective The objective of this Focus topic is to develop and implement a pollution prevention training program for construction site inspectors, contractors and operators. Methodology The message of this topic is that developers and contractors need to know how their day-to-day operations impact the City's MS4 and how they can perform their jobs while minimizing pollution and meeting regulations. • Target Audience: Commercial contractors and site operators and City construction inspectors. The City of Corpus Christi will implement a training program based on the San Antonio Water System's "TPDES Inspector Training Workshop" program. Duration: 1/2 day workshops, frequency to be determined. Evaluation Students will receive a "status of knowledge and practices" quiz before training begins. This quiz will be retaken after the training program is completed. Additionally, participating departments will be subject to periodic audits to ensure compliance with best management practices. 12 FOCUS: POLLUTION PREVENTION - BACTERIA Driving Force: According to initial surveys, 20% of the population is not aware that pet waste contains bacteria and adversely impacts storm water runoff which ultimately flows untreated to receiving waters. Goal 1: Change population behavior by increasing awareness of the impact of pet waste on storm water runoff and encourage behaviors that minimize bacteria levels in local water bodies. Goal 2: Increase reporting of wastewater manhole overflows. Objective 1: Alter the way the public cleans up after their pets, picking up and disposing of pet waste properly. Objective 2: Make citizens more aware of wastewater manhole overflows and how/when to report them. Objective Target Audience Message Format Distribution Responsible Party Evaluation 1. Alter the way the public cleans up after their ets p, picking up and disposingdoesn't of pet waste properly. Pet owners "Please Pick Up My Poop" Pet waste may be natural, and it may be organic, but that mean it should be left on the ground. Pet waste left on the ground ends up in our waterways after a rain storm. That can make our beaches unsafe for swimming. It's up to the pet owner to properly dispose of pet waste. Tri -fold brochure Local pet stores and veterinary offices Storm Water Department Post - program survey City website Park & Recreation Department (dog park) Power Point slide Bulletin Board message - CCTV PSA Cable TV CCTV Billboard (TCEQ) Crosstown Expressway 13 Objective Target Audience Message Format Distribution Responsible Party Evaluation 2. Ropes and Report Flyer Targeted Storm Water Reduction Make citizens more aware of wastewater manhole overflows and how/when to report them. Cole Park neighborhood residents overflows mailout Department in number of unreported overflows 14 FOCUS: POLLUTION PREVENTION - BACTERIA Background In the City's 2008 Storm Water Survey 20% of the participants either did not believe pet waste impacted storm water runoff or did not know/refused to answer the question (2008 survey question #8). Of the 187 participants (43%) that answered the question regarding whether or not they picked up pet waste, 25.7% replied in the "Never / Rarely / Sometimes / Often" ranges (2008 survey question #24). Pet and animal waste, along with illicit discharges of wastewater, is a leading cause of harmful bacteria in receiving bodies of water. Because the City's receiving waters are used for recreational and commercial purposes, it is important to reduce the presence of harmful bacteria and maintain clean water quality. Goal The goal of this Focus topic is to increase the population's awareness of the impact of pet waste on storm water runoff and to encourage behaviors that minimize harmful bacteria levels in local water bodies. Objective The objective of this Focus topic is to alter the way the public cleans up after their pets such that they pick up and dispose of pet waste properly. Methodology The message of this topic is that pet waste may be natural and it may be organic, but it doesn't belong on the ground. Pet waste left on the ground ends up in our waterways after a rain storm. The resulting polluted runoff can make local beaches unsafe for swimming or other recreational activities. It is the pet owner's responsibility to properly dispose of pet waste. • Target Audience: Pet Owners. • The Storm Water Department will use a multi -faceted approach to address this subject: o A brochure directed towards pet owners regarding proper disposal of pet waste will be developed and will be distributed to local pet stores and veterinary offices / hospitals. This brochure will also be given to the City's Park & Recreation Department for use with their dog park program and will be posted on the City's website. This brochure will be continuously available to the public. Duration: ongoing following implementation. o A simple Power Point slide will be cycled through the City's bulletin board system on its closed circuit television station (Channel 20). Duration: This message will run continuously. o A Public Service Announcement will be created and will be aired on both cable television and the City's closed circuit television station. The PSA will run 15 continuously on CCTV and will run on a concentrated basis during a two month period every two years. Duration: ongoing following implementation. o A billboard such as the TCEQ "Please Pick Up My Poop" design, will be displayed on Crosstown Expressway and South Padre Island Drive (East of Crosstown Expressway). These billboards will be displayed for a one-month period each during the two-month period that PSA's are running on cable television every two years. Duration: two months. Evaluation Responses to the City of Corpus Christi Storm Water Survey which will take place approximately every five years will be compared. 16 FOCUS: LITTER REDUCTION Driving Force: Regulation prohibits putting anything but rain water into the City's MS4 which goes untreated into receiving water bodies. Goal: Reduce the amount of floatables in the MS4 and in storm water runoff. Objective: Promote awareness of the impact of litter on our local receiving water bodies and stopping litter at the source. Objective Target Audience Message Format Distribution Responsible Party Evaluation Promote awareness of the impact of litter on our local receiving water bodies and stopping litter at the source. Elementary School Children "Keep it clean!" Tex & Dot presentations Elementary school classes Storm Water Department Post - presentation oral quiz Middle School Children Storm Water Curriculum Area Middle Schools In -class testing High School Children Storm Water Curriculum Area High Schools In -class testing Public Billboards High traffic areas or targeted neighborhoods Post -program surveys PSA Cable TV CCTV "Trash Trail" Caller -Times "After the Storm" video CCTV Promotionals & literature Various opportunities Stencils Stenciling events Elementary School Children Anti -litter / anti- pollution Classroom lessons Schools upon request Water Department Teachers' guides City website Reduce, Reuse & recycle Classroom lessons Upon request Elementary School children Reduce, Reuse & recycle Information City website Solid Waste Services Kirby Classrooms & community events Public Educational Literature Community events 17 FOCUS: LITTER REDUCTION Background Federal and State regulations prohibit putting anything but rain into the City's MS4. The City's TPDES Permit specifically requires that the City implement a public education program component with an element to promote and publicize public reporting of illicit discharges or improper disposal of materials, including floatables, into the MS4. Various departments within the City participate in anti -littering outreach and education efforts. This is a long-term part of Solid Waste's recycling program, Water's water quality program, and the Storm Water Department's polluted runoff prevention program. Other departments participate in anti -littering and non -point source pollution outreach, but not through formal programs. For Water, Storm Water and Solid Waste, this focus is continuous and ongoing and constitutes a significant part of the departments' outreach and education efforts. Goal The goal of this Focus topic is to decrease the amount of floatables in the MS4 and in storm water runoff. Objective The objective of this Focus topic is to promote awareness of the impact of litter on our local receiving water bodies and alter public behavior to stop litter at the source. Methodology The message of this topic is "Keep it clean!" The only thing that should flow into the storm drainage system is clean rain water. Target Audience: School children (Elementary, Middle and High School) and the Public. Three utility departments uses different mechanisms to implement education and outreach for this topic. • The Storm Water Department uses a multi -faceted approach to the subject: o The "Keep it Clean" motto and the department's hot line phone number appear on all promotional items, literature, billboards and public service announcements. o The Tex & Dot activity book provided courtesy of the Texas Department of Transportation is used with Elementary School children. o A Storm Water Curriculum will be developed and will be used in area schools. o Outreach materials created by school-age children as a part of the curriculum will be used in the department's public outreach efforts. o Billboards will be placed at strategic locations throughout the City and will be rotated on a routine basis. o Public Service Announcements will be aired on cable television and the City's closed circuit television station (Channel 20). o The "After the Storm" video regarding non -point source pollution will be aired on the City's closed circuit television station. 18 o A full page advertisement/printing of the trash trail will take placed in the Corpus Christi Caller -Times newspaper every five years. o The department will give presentations to local schools, teachers' training seminars and other organizations. o The department will have booths at local community events. o The department will do inlet stenciling events with local organizations. • The Water Department also uses several resources for water quality outreach and education: o Several activity books / curricula are available for use by local schools upon their request. These include Toby Globy, Major Rivers, Water Wise, The Story of Drinking Water, and Splash. o Provide literature on clean water quality at community events. • The Solid Waste Department uses several resources for promoting reducing, reusing and recycling: o Maintain information on City's website. o Use the mechanical mascot Kirby at events. o Provide literature at community events. Evaluation Responses to the City of Corpus Christi Storm Water Survey which will take place approximately every five years will be compared. 19 FOCUS: HOUSEHOLD HAZARDOUS WASTE MANAGEMENT Driving Force: There is a need to promote and publicize the proper management and disposal of used oil and household hazardous wastes. Goal: Promote proper management and disposal of used oil and household hazardous waste. Objective: Educate the public, commercial and private sectors on the proper management and disposal of used oil and household hazardous waste. Objective Target Audience Message Format Distribution Responsible Party Evaluation Educate the public, commercial and private applicators and distributors on the proper management and disposal of used oil and household hazardous waste. Public Dispose of HHW and used oil appropriately. Information City website Solid Waste Services Amount disposed of Educational literature Presentations, booths, etc. PowerPoint Slide Bulletin Board message — CCTV PowerPoint Slide Bulletin Board message — CCTV Storm Water Department Post - program survey Educational literature Presentations, booths, etc. City website 20 FOCUS: HOUSEHOLD HAZARDOUS WASTE MANAGEMENT Background Federal and State regulations prohibit putting anything but rain into the City's MS4. The City's TPDES Permit specifically requires that the City implement a public education program component with an element to promote and publicize the proper management and disposal of used oil and household hazardous wastes. The City's Solid Waste Services Department holds primary responsibility for management of the collection of household hazardous waste, including residential used motor oil. The Storm Water Department provides financial assistance to this effort as well as providing information to the public. Goal The goal of this Focus topic is to promote proper management and disposal of used oil and household hazardous waste. Objective The objective of this Focus topic is to alter peoples' behavior by educating the public and private sectors on the proper management and disposal of used oil and of household hazardous waste. Methodology The message of this topic is to dispose of chemicals properly. A catchy motto will be developed to reflect this message succinctly. • Target Audience: the Public. • The Storm Water Department will use a multi -faceted approach to address this subject: o Two new brochures will be developed in calendar 2009: one for household hazardous waste and one for disposal of used oil. These brochures will also be posted on the City's website and will be available to the public. o Simple Power Point slides will be cycled through the City's bulletin board system on its closed circuit television station (Channel 20). These messages will run continuously. o During presentations to the public, or at community events, information will be provided regarding this Focus topic. o Information on proper disposal of household hazardous waste and used motor oil will be provided at workshops for residential sector herbicide, pesticide and fertilizer application, etc. 21 • The Solid Waste Services Department will use a multi -faceted approach to address this subject: o Information regarding the J. C. Elliot Transfer Station will be posted on the City's website 0 o Educational literature regarding household hazardous waste and used motor oil disposal will be made available at community events. o A Power Point slide will be cycled through the City's bulletin board system on its closed circuit television station (Channel 20). The message will run continuously. Evaluation Responses to the City of Corpus Christi Storm Water Survey which will take place approximately every five years will be compared. Additionally, information from Solid Waste Services regarding amount of items picked up at the Citizens Transfer Station will be monitored and compared from year to year. If possible, information will be garnered from local used motor oil recycling centers. 22 FOCUS: FERTILIZERS, PESTICIDES & HERBICIDES MANAGEMENT Driving Force: Nearly half the population fertilizes their lawns, but of those the vast, majority has not had their soil tested to determine if fertilizer is even needed. Herbicides are frequently included in fertilizers so these may be applied inappropriately as well. There is a need to promote and publicize the proper use, application, and disposal of pesticides, herbicides, and fertilizers by public, commercial, and private applicators and distributors to minimize the discharge of the substances into storm water runoff. Goal: Minimize the application of chemical fertilizers, herbicides and pesticides and promote natural alternatives Objective: Increase awareness of non -chemical alternatives to herbicides, pesticides and fertilizers and to educate the public, commercial and private applicators and distributors on the proper use, application and disposal of pesticides, herbicides, and fertilizers. Objective Target Audience Message Format Distribution Responsible Party Evaluation Increase awareness of non- chemical alternatives to herbicides, pesticides and fertilizers and to educate the public, commercial and private applicators and distributors on the proper use, application and disposal of pesticides, herbicides, and fertilizers. Homeowners / occupants, homeowners' associations / and apartment / landscape managers Don't weed and feed Workshops (Residential and Commercial) Public facility Storm Water Department Post -workshop survey Bulletin Board message — CCTV Free soil testing Newspaper advertisements Number of redeemed coupons Brochures & literatures Educational literature Presentations, booths, etc. Post -program survey City website Garden Nature's Way with Xeriscape or Earthkind techniques Xeriscape Learning Center and Design Garden Located at Museum Water Dept. & Museum Educational Literature Presentations, booths, etc. Workshop Public facility PowerPoint slide Bulletin Board message - CCTV 23 Objective Target Audience Message Format Distribution Responsible Party Evaluation Increase awareness of non- chemical alternatives to herbicides, pesticides and fertilizers and to educate the public, commercial and private applicators and distributors on the proper use, application and disposal of pesticides, herbicides, and fertilizers. Homeown ers / occupants. The right place at the right time. Know the right way to apply, store and dispose of pesticides, herbicides and fertilizers Workshops - Residential Public facilities Storm Water Department Post -workshop survey Bulletin Board message — CCTV Educationa 1 literature Presentations, booths, etc. Post -program survey City website PSA Cable TV CCTV Commerci al and private applicators and distributors Workshops - Commercia 1 Public facilities Post -workshop survey Educationa 1 literature Targeted mailing City website 24 FOCUS: FERTILIZERS, PESTICIDES & HERBICIDES MANAGEMENT Background Federal and State regulations prohibit illicit discharges and improper disposal into the City's MS4. The City's TPDES Permit specifically requires that the City implement a public education program component with an element to promote and publicize the proper use, application, and disposal of pesticides, herbicides, and fertilizers by public, commercial, and private applicators and distributors. Goal The goal of this Focus topic is to minimize the application of chemical fertilizers, herbicides and pesticides and to promote natural alternatives. Objective The objective of this Focus topic is to increase awareness of non -chemical alternatives to herbicides, pesticides and fertilizers and to educate the public, commercial and private applicators and distributors on the proper use, application and disposal of pesticides, herbicides, and fertilizers. Methodology This Focus topic has three messages: 1) do not weed and feed and use non -chemical means where possible; 2) garden the Xeriscape and Earthkind way; and 3) know the right way to apply, store and dispose of pesticides, herbicides and fertilizers. • Target Audiences: home owners or occupants, homeowners' associations, apartment landscape managers, commercial and private applicators and distributors of pesticides, fertilizers and herbicides. o The Storm Water Department uses a multi -faceted approach to each of the first and third subjects: ■ Do not fertilize / use non -chemical means where possible: • Workshops will be held on a routine basis for both the residential and commercial sectors. • A simple Power Point slide will be created and will be cycled through the City's bulletin board system on its closed circuit television station (Channel 20). The message will run continuously. • The department will coordinate with the Texas AgriLife Extension Center to sponsor free soil testing for City of Corpus Christi 25 residents. This will be advertised in the newspaper and in department literature. • A brochure will be created regarding this subject and will include a coupon for free soil testing. This brochure will be made available at all events where the department has a booth or does a presentation. • The brochure will be made available on the City's website and a printable coupon for free soil testing will be developed. • Know the right way to apply, store and dispose of pesticides, herbicides and fertilizers: • Workshops will be held on a routine basis for the commercial sectors. • A simple Power Point slide will be created and will be cycled through the City's bulletin board system on its closed circuit television station (Channel 20). The message will run continuously. • A brochure for the residential sector will be created regarding this subject. This brochure will be made available at all events where the department has a booth or does a presentation and will be posted on the City's website. • A Public Service Announcement will be created and will be aired on cable television and on the City's closed circuit television station (Channel 20). • A targeted mailing to the commercial sector will be done that will include a brochure specific to this sector. o The Water Department addresses the Xeriscape gardening message in a multitude of ways: • The Xeriscape Learning Center and Design Garden is maintained at the City's Museum of Natural History. • Educational literature regarding xeriscape gardening is made available at community events. 26 • A Power Point slide is cycled through the City's bulletin board system on its closed circuit television station (Channel 20). The message runs continuously. • A presentation on Xeriscape gardening is given at Storm Water Department -sponsored workshops for the commercial and residential sectors. Evaluation Responses to the City of Corpus Christi Storm Water Survey which will take place every five years will be compared to determine the change in behaviors regarding soil testing, fertilizing, and disposal of chemicals. Additionally, the number of coupons for free soil testing redeemed by the public will be recorded. 27 FOCUS: STORM WATER SAFETY Driving Force: Although initial surveys indicate that a large majority of the population understands that it is never safe to drive through a flooded street or to play in flood waters, this is a public safety message that must be constantly relayed. Goal: Maintain awareness about storm water safety. Objective: Continue the message of storm water safety issues. Objective Target Audience Message Format Distribution Responsible Party Evaluation Continue the message of storm water safety issues. General Public Play it safe: stay out of storm waters. AND National Weather Service's "Turn Around Don't Drown" campaign PSA Cable television Storm Water Department Post - program survey PSA CCTV Viewing public Power Point slide Bulletin Board message — CCTV Subscribers 1/4 page ad Newspaper Ad General public (something) City website 28 FOCUS: STORM WATER SAFETY Background Because of the inherent risks of playing in, or driving through, storm water runoff, it is important that the City continuously remind the public about storm water safety. Goal The goal of this Focus topic is to maintain public awareness of the dangers of storm water runoff and that it is never safe to play in, or drive through, storm water runoff. Objective The objective of this Focus topic is to continue educating the public on storm water safety. Methodology There are two messages to this topic: Play it safe, stay out of storm water, and "Turn Around Don't Drown." • Target Audience: the Public. The Storm Water Department will use a multi -faceted approach to address this subject: o A Public Service Announcement will be developed regarding storm water safety. This PSA will be aired on cable television and on the City's closed circuit television station (Channel 20). Duration: 1 month each year. o A simple Power Point slide will be cycled through the City's bulletin board system on its closed circuit television station (Channel 20). This message will run continuously. o A '/4 page advertisement will be developed and will be printed in the Corpus Christi Caller -Times. Duration: 1 day per year. o The City will implement aspects of the National Weather Service's "Turn Around Don't Drown" program. Evaluation Responses to the City of Corpus Christi Storm Water Survey which will take place approximately every five years will be compared. 29 FOCUS: MINIMIZING OVERGROWTH & SEDIMENT ACCUMULATION Driving Force: The City's curbs and gutters are part of the MS4. City ordinance requires property owners or occupants to keep their abutting curbs, gutters and sidewalks clear of debris, overgrowth and sediment. Goal: Citizens will keep their curbs, gutters and sidewalks clear of overgrowth and sediment. Objective 1: Educate property owners and occupants about the need to keep their curbs & gutters free and clear. Objective 2: Reduce the number of Code Enforcement citations and warnings Objective Target Audience Message Format Distribution Responsible Party Evaluation Educate property owners, tenants and occupants on why they need to keep their sidewalks, curbs and gutters clear of debris, overgrowth and sediment. Property owners, occupants or tenants Keep it clean. Keep it clear. By keeping your sidewalks, curbs and gutters clean and clear, you allow storm water to keep flowing. That reduces the chance of flooding and pooling of water. Informational short film CCTV Storm Water Department Post - program survey PowerPoint Slide Bulletin Board Message - CCTV Brochures Exhibits and presentations Ordinance (and its meaning) City website Code Enforcement citations / warnings for overgrowth, etc. go down in number. Brochure Locations receiving citations or warnings from Code Enforcement Neighborhood Services Number of citations / warnings should go down. 30 FOCUS: MINIMIZING OVERGROWTH & SEDIMENT ACCUMULATION Background The City's curbs and gutters are part of the MS4. City ordinance requires property owners or occupants to keep their abutting curbs, gutters and sidewalks clear of debris, overgrowth and sediment. Goal The goal of this Focus topic is to have citizens keep their curbs, gutters and sidewalks clear of overgrowth and sediment. Objective There are two objectives to this topic. The first is to educate property owners and change their behaviors so that they keep their curbs, gutters and sidewalks clear of overgrowth and sediment. The second objective is to reduce the number of citations and warnings given by Neighborhood Services Code Enforcement officers for this type of ordinance violation. Methodology The message of this topic is to "Keep it Clean, Keep it Clear." By keeping sidewalks, curbs and gutters clean and clear, property owners allow storm water to keep flowing. Free-flowing runoff reduces the chance of localized flooding and pooling of storm water. • Target Audience: property owners, tenants and occupants. The Storm Water Department will use a multi -faceted approach to address this subject: o An informational short film will be developed regarding the ordinance and its importance to the MS4. This film will be aired on the City's closed circuit television station (Channel 20). o A simple Power Point slide will be cycled through the City's bulletin board system on its closed circuit television station (Channel 20). This message will run continuously. o A brochure will be developed which describes the ordinance, what is required and why. This brochure will be available in the Neighborhood Services department and will be available at all department exhibits. o A webpage regarding the ordinance will be created and will be posted on the City's website. o Neighborhood Services Code Enforcement officers will be given a supply of these brochures so that they may leave them at the locations where ordinance violations are cited or warned against. 31 Evaluation Responses to the City of Corpus Christi Storm Water Survey which will take place approximately every five years will be compared. Additionally, the number of warnings or citations for violation of the ordinance will be compared from year to year. 32 FOCUS: BRUSH MANAGEMENT Driving Force: Property owners, tenants, and occupants continue to put their brush and bulky trash in the street or overhanging the curb / gutter. This can block storm water runoff, preventing it from freely flowing in the MS4, and thus potentially causing localized flooding. Goal: Property owners, tenants, and occupants will properly place brush and bulky trash in the street / curb / gutter area in accordance with City ordinance. Objective 1: Educate property owners, tenants, and occupants on proper placement of brush and bulky trash in the street / curb /gutter. Objective 2: Reduce the number of Code Enforcement citations and warnings Objective Target Audience Message Format Distribution Responsible Party Evaluation Educate property owners, tenants, and occupants of improper placement of brush and bulky trash in the street / curb /gutter. Property owners, occupants or tenants Keep it clean. Keep it clear. By keeping the streets, curbs and gutters clean and clear, you allow storm water to keep flowing. That reduces the chance of flooding and pooling of water. Informational short film CCTV Storm Water Department Post - program survey Brochures Exhibits and presentations Ordinance (and its meaning) City website Information City website Solid Waste Services Brush pick- up schedule Utility Bills Code Enforcement citations / warnings for brush, etc. in street go down in number. Brochure Locations receiving citations or warnings from Code Enforcement Neighborhood Services Number of citations / warnings should go down. 33 FOCUS: BRUSH MANAGEMENT Background Property owners, tenants, and occupants continue to put their brush and bulky trash in the street or overhanging the curb / gutter. Not only does this allow more leaves and trash to flow into the MS4, but it can block storm water runoff, preventing it from flowing freely in the MS4, and thus potentially causing localized flooding. City Ordinance requires that brush not be placed in the curb or in roadside ditches unless authorized by the Storm Water Director. Goal The goal of this Focus topic is to have property owners, tenants, and occupants properly place brush and bulky trash out for pick up in accordance with City ordinance. Objective There are two objectives to this topic. The first is to educate property owners, etc. and change their behaviors so that they set out their brush and bulky trash in accordance with City ordinance. The second objective is to reduce the number of citations and warnings given by Neighborhood Services Code Enforcement officers for this type of ordinance violation. Methodology The message of this topic is to "Keep it Clean, Keep it Clear." By keeping sidewalks, curbs and gutters clean and clear, property owners keep leaves and debris out of the MS4 and allow storm water to keep flowing. Clear curbs and gutters help to ensure non -polluted storm water runoff and free-flowing runoff reduces the chance of localized pooling and flooding of storm water. • Target Audience: property owners, tenants and occupants. The Storm Water Department will use a multi -faceted approach to address this subject: o An informational short film will be developed regarding the ordinance and its importance to the MS4. This film will be aired on the City's closed circuit television station (Channel 20). o A simple Power Point slide will be cycled through the City's bulletin board system on its closed circuit television station (Channel 20). This message will run continuously. o A brochure will be developed which describes the ordinance, what is required and why. This brochure will be available in the Neighborhood Services department and will be available at all department exhibits. o A webpage regarding the ordinance will be created and will be posted on the City's website. 34 o Neighborhood Services Code Enforcement officers will be given a supply of these brochures so that they may leave them at the locations where ordinance violations are cited or warned against. o Solid Waste Services maintains information on the City website regarding proper setout of brush/bulky trash as well as the brush pick-up schedule. Evaluation Responses to the City of Corpus Christi Storm Water Survey which will take place approximately every five years will be compared. Additionally, the number of warnings or citations for violation of the ordinance will be compared from year to year. 35 FOCUS: GRASS CLIPPINGS MANAGEMENT Driving Force: Residential and commercial mowers continue to blow grass into the street and inlets. Goal: Property owners, tenants, and occupants will properly dispose of grass clippings in accordance with City ordinance. Objective 1: Educate property owners, tenants, and occupants on proper disposal of grass clippings. Objective 2: Reduce the number of Code Enforcement citations and warnings Objective Target Audience Message Format Distribution Responsible Party Evaluation Educate property owners, tenants, and occupants on proper disposal of grass clippings Property owners, occupants or tenants and commercial lawn care services In the grass or in the trash! By keeping grass clippings off of the street and out of the inlets, you allow storm water to keep flowing. That reduces the chance of flooding and helps keep water nutrient - free. Informational short film CCTV Storm Water Department Post - program survey Brochures Exhibits and presentations Ordinance (and its meaning) City website Brochure Locations receiving citations or warnings from Code Enforcement Neighborhood Services Number of citations / warnings should go down. Code Enforcement citations / warnings for brush, etc. in street go down in number. 36 FOCUS: GRASS CLIPPINGS MANAGEMENT Background Only 16 out of 345 respondents in the 2008 Storm Water Survey did not indicate that they disposed of grass clippings in an appropriate manner. Anecdotally and observationally, however, improper disposal continues to be a problem. Grass clippings blown into the street or into inlets can clog the storm drainage system, potentially leading to localized flooding. Grass clippings that make it to receiving water bodies can decompose and increase the nutrient level, thus choking fish and water plants. It is important that the public correct their behavior in this regard. Goal The goal of this Focus topic is to have property owners, tenants, and occupants and commercial lawn care services properly dispose of grass clippings in accordance with City ordinance Objective There are two objectives to this topic. The first is to educate property owners, etc. and change their behaviors so that they dispose of their grass clippings appropriately in accordance with City ordinance. Part of this objective includes publicizing more effectively how the public can report inappropriate grass blowing. The second objective is to reduce the number of citations and warnings given by Neighborhood Services Code Enforcement officers for this type of ordinance violation. Methodology The message of this topic is to "Keep it Clean, Keep it Clear." By keeping grass clippings out of storm drains, runoff can flow freely and there is less degradation of receiving water bodies. • Target Audience: property owners, tenants and occupants and commercial lawn care services. The Storm Water Department will use a multi -faceted approach to address this subject: o An informational short film will be developed regarding the ordinance and its importance to the MS4. This film will be aired on the City's closed circuit television station (Channel 20). o A simple Power Point slide will be cycled through the City's bulletin board system on its closed circuit television station (Channel 20). This message will run continuously. o A brochure will be developed which describes the ordinance, what is required and why. This brochure will be available in the Neighborhood Services department and will be available at all department exhibits. o A webpage regarding the ordinance will be created and will be posted on the City's website. 37 o A billboard will be developed and will be placed at strategic locations throughout the City. o Neighborhood Services Code Enforcement officers will be given a supply of these brochures so that they may leave them at the locations where ordinance violations are cited or warned against. Evaluation Responses to the City of Corpus Christi Storm Water Survey which will take place approximately every five years will be compared. Additionally, the number of warnings or citations for violation of the ordinance will be compared from year to year. 38 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 19, 2019 Action Item for the City Council Meeting of February 26, 2019 DATE: TO: February 05, 2019 Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-1801 Jeff H. Edmonds, P.E., Director of Engineering Services JeffreyE@cctexas.com (361) 826-3851 FROM: Eddie Houlihan, Director of the Office of Management and Budget eddieho@cctexas.com (361) 826-3792 Kamil Taras, Capital Improvement Program Manager kamilt@cctexas.com (361) 826-3242 Gas Chiller Replacement (CIP - Gas) CAPTION: Ordinance amending the FY 2019 Capital Improvement Budget to add project E15135 Gas Department Chiller Replacement in the amount of $410,000 for replacement of the current gas powered -chillers. PURPOSE: This will provide funding for the replacement of the current non -operational chillers in the Gas department building. BACKGROUND AND FINDINGS: Current Gas Department Chillers were installed in 2000. After 18 years of service and multiple attempts at repairing the system the chillers were deemed no longer operational. An emergency declaration was issued in August of 2018 to provide for temporary AC for the Gas building and to begin the process of replacing the HVAC system. ALTERNATIVES: Do not approve funding for the replacement. Do not amend the CIP. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms to FY 2019 Capital Improvement Plan. Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: OMB Gas Engineering FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 0 0 0 Ordinance (This Item) 410,000 0 410,000 Revised Budget 410,000 0 410,000 Encumbered / Expended Amount 0 This item 410,000 0 410,000 Future Anticipated Expenditures This Project 0 0 0 BALANCE 410,000 0 410,000 Fund(s): Revenue Bonds RECOMMENDATION: City staff recommends adding project E15135 Gas Department Chiller Replacement and amending the CIP. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Ordinance amending the FY 2019 Capital Improvement Budget to add project E15135 Gas Department Chiller Replacement in the amount of $410,000 for replacement of the current gas powered -chillers. WHEREAS, an Emergency Declaration issued in August 2018 provided for replacement of the current chillers at the Gas Department Building using operational funds. WHEREAS, the replacement chillers were not secured before the end of the FY 2018 and available funds dropped to fund balance. WHEREAS, Operational funds are currently not available to complete this project, Gas Capital Improvement funds will be required to complete the project. 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 include Project E15135 Gas Department Chiller Replacement, for a new year one total of 410,000. SECTION 2. Funds in the amount of $410,000 are available in Gas 2015 CIP Fund Reserves. 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: Mayor Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Roland Barrera Michael Hunter 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: Mayor Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Roland Barrera Page 1 of 2 Michael Hunter 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 al Doyle NUECES BAY CLARKWOOD a CORPUS CHRISTI INTERNATIONAL AIRPORT PROJECT LOCATION CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI LOCATION MAP NOT TO SCALE LAGUNA MADRE Project Number: E151351 Gas Department Chiller Replacement CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS AGENDA MEMORANDUM Future item for the City Council meeting of February 26, 2019 Action Item for the City Council meeting of March 19, 2019 DATE: TO: February 8, 2019 Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2604 Approval to submit a grant application to the State of Texas, Office of the Governor's Homeland Security Grants Division for FY 2020 funding available under the Local Border Security Program Grant CAPTION: Resolution authorizing submission of grant application in the amount of $285,193.93 to the Office of the Governor Homeland Security Grants Division for funding eligible under the FY 2020 Local Border Security Program Grant. PURPOSE: The City must apply for these funds each year. BACKGROUND AND FINDINGS: Funding is available to enhance law enforcement patrols in an effort to deter and facilitate directed actions to interdict criminal activity. The Police Department will deploy officers on an overtime basis to conduct direct actions and operations within the city limits and ETJ targeting known drug, currency and human trafficking routes operating in the South Texas area to points north. The funding provides for overtime, retirement for sworn officers. There is no City match required. Funding is available from September 1, 2019 — August 31, 2020. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: ❑ 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): Police Grants Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of grant application in the amount of $285,193.93 to the Office of the Governor Homeland Security Grants Division for funding eligible under the FY 2020 Local Border Security Program Grant. WHEREAS, the City of Corpus Christi agrees provide applicable matching funds for the said project, with the understanding that matching funds are not required by the Homeland Security Grant Program grant application; WHEREAS, the City of Corpus Christi agrees that in the event of loss or misuse of the Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the Office of the Governor in full; and WHEREAS, the City of Corpus Christi designates the City Manager or designee as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to submit a grant application in the amount of $285,193.93 to the Office of the Governor Homeland Security Grants Division for funding eligible under the FY 2020 Local Border Security Program Grant. I 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 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 26, 2019 Action Item for the City Council Meeting of March 19, 2019 DATE: February 14, 2019 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police MikeMa@cctexas.com (361) 886-2603 Agreement with People Assisting Animal Control (PAAC) for services in lieu of gas tap fee CAPTION: Resolution approving an agreement between the City of Corpus Christi and Corpus Christi People Assisting Animal Control (PAAC) for services in lieu of Gas Tap Fee. PURPOSE: To approve an agreement for services in lieu of gas tap fee with PAAC. BACKGROUND AND FINDINGS: PAAC has a generator that needs to be hooked up to a gas line and they have requested that the gas tap fee of $1,600 be waived in lieu of providing services. PAAC will provide veterinary and animal care services for the City as detailed in Exhibit A of the agreement for the period of one year. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Police Department Gas Department 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): RECOMMENDATION: Staff recommends approval of the agreement. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement Resolution approving an agreement between the City of Corpus Christi and Corpus Christi People Assisting Animal Control (PAAC) for services in lieu of Gas Tap Fee. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an agreement between the City of Corpus Christi and Corpus Christi People Assisting Animal Control (PAAC) for services in lieu of Gas Tap Fee. 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 Page 1 of 1 Page 1 of 5 AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI PEOPLE ASSISTING ANIMAL CONTROL (PAAC) FOR SERVICES IN LIEU OF GAS TAP FEE This Agreement for Services in lieu of Gas Tap Fee ("Agreement") is entered into by and between the City of Corpus Christi, Texas, a home -rule municipal corporation ("City"), acting through its duly authorized City Manager or the City Manager's designee ("City Manager") and the Corpus Christi People Assisting Animal Control ("PAAC"). WHEREAS, the City installs gas taps for a fee in accordance with City Code of Ordinances and City Codes, (the "Gas Tap"); WHEREAS, PAAC has determined that a Gas Tap is needed to run auxiliary power to their generator located at the PAAC facility located at 5804 Ayers St, Corpus Christi, TX 78415; WHEREAS, the Gas Tap fee amount per City Ordinance is $1,600; WHEREAS, PAAC desires to provide veterinary and animal care services for the City as depicted on the attached Exhibit A, ("the Services") in lieu of payment of the Gas Tap fee valued at $15,935. WHEREAS, PAAC has obtained all required authorizations and medical clearances to perform the Services on Exhibit A; NOW, THEREFORE, the City and PAAC for and in consideration of the terms and conditions set out in this Agreement, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Administrator. The City's contract administrator for this Agreement is Director of Animal Care Services in coordination with the City Director of Gas Operations. Section 2. Term. This Agreement begins on date of last signature and continues for one year. This Agreement is extended on a month-to-month basis until the City receives the full quantity of Services shown on Exhibit A. Section 3. Performance of Work. A. City Gas Department shall install the Gas Tap on property of PAAC at 5804 Ayers St, Corpus Christi, Texas 78415 during the month of February 2019. In lieu of payment of the Gas Tap fee amount of $1,600, PAAC agrees to perform the Services pursuant to this Agreement during the Term of this Agreement. B. PAAC shall timely perform the Services in coordination with Director of Animal Care Services. C. PAAC shall obtain any required permits prior to City Gas Department installation of the Gas Tap. D. PAAC shall ensure that the work performed under this Agreement is of good quality and in compliance with applicable Federal, State and local laws and regulations. Section 4. Compensation. PAAC will provide all work required for performance of the Services under this Agreement at sole cost and expense of PAAC, with no payment nor reimbursement due from the City. Page 2 of 5 Section 5. PAAC's Expenses. PAAC shall be responsible for the payments of any required insurance certificates; all costs of travel; all equipment and labor costs for the Services; and all other costs, unless specifically excluded in this Agreement, that are necessary for the proper performance of the work, services, and obligations under this Agreement. Section 6. Indemnification. PAAC ("Indemnitor") shall fully indemnify, save, and hold harmless the City and its officers, employees, and agents (collectively, "Indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature whatsoever on account of personal injury (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), property loss, damage, or claims, which may arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, (1) the Services provided by PAAC and its contractor, subcontractor, volunteer, agent or employee, and (2) any act or omission of the Indemnitor, or any contractor, subcontractor, volunteer, agent or employee of Indemnitor pursuant to performance under the terms of this Agreement. This provision survives the expiration or earlier termination of this Agreement. Section 7. Insurance. PAAC shall obtain and maintain insurance as may be required by City Risk Manager. Section 8. PAAC Warranties. PAAC warrants and represents the following: A. PAAC has obtained and will maintain all required permits, licenses, releases and agreements to perform the Services on Exhibit A. B. PAAC is the sole owner of the property on which the Gas Tap is to be installed, and PAAC has obtained all required permits, licenses, releases and agreements necessary for installation of the Gas Tap. C. This Section survives the termination and expiration of this Agreement. Section 9. Property Management. A. The City reserves the right to manage its buildings, infrastructure, facilities, and public sites for public purposes and, in doing so, may determine that it is necessary to remove the Gas Tap if required for public purposes. B. This Section survives the termination and expiration of this Agreement. Section 10. Compliance with Laws. PAAC must comply with all applicable Federal, State, and local government laws, rules, regulations, and ordinances that may be applicable to any Services performed under this Agreement. Page 3 of 5 Section 10. Compliance with Laws. PAAC must comply with all applicable Federal, State, and local government laws, rules, regulations, and ordinances that may be applicable to any Services performed under this Agreement. Section 11. Venue. All actions brought to enforce compliance with this Agreement must be brought in Nueces County, Texas, where this Agreement was executed and will be performed. Section 12. Interpretation. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Section 13. Notice. A. All notices, demands, requests, or replies provided for or permitted, under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. B. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective two (2) business days after deposit with the United States Postal Service. All communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director of Animal Control 1201 Leopard; P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO PAAC: PAAC Attn: President 5804 Ayers St. Corpus Christi, Texas 78415 C. Either party may change the address to which notice is sent by using a method set out above. PAAC shall notify City of an address change within ten (10) days after the address is changed. Section 14. The parties agree that the language contained in the preamble of this Agreement is substantive in nature and is incorporated into this Agreement by reference. Section 15. Entire Agreement. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the City and PAAC for the purpose stated. Agreed to by: CITY OF CORPUS CHRISTI By: Samuel Keith Selman Interim City Manager Date: Approved as to legal form , 2019 PAAC By: Printed Title Date: MCA \A eA\°' .� Page 4 of 5 Page 5 of 5 EXHIBIT A PAAC SERVICES TO BE PROVIDED PAAC Services Value of Services to be provided Spay and Neuter Services' $7,735 Heartworm Treatment2 $8,200 1 For estimated 77 female dogs and 89 male dogs of various weight categories 2 For 12 large dogs and 12 small dogs AGENDA MEMORANDUM Future Item for the City Council Meeting of February 26, 2019 Action Item for the City Council Meeting of March 19, 2019 DATE: February 26, 2019 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief RRocha@cctexas.com (361) 826-3169 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2cctexas.com (361) 826-3169 Service Agreement Amendment for Web Based Emergency Operations Center (WebEOC) Software Maintenance and Support CAPTION: Motion authorizing Amendment No.1 to the service agreement with ESI Acquisition, Inc., of Augusta, Georgia for WebEOC software maintenance and support for an additional five-year term, for a not to exceed amount of $56,501.53 for revised total agreement amount not to exceed $100,753.53 and ratifying Amendment No. 1 back to the effective date of August 1, 2017. PURPOSE: The purpose of this item is to extend the service agreement for WebEOC software maintenance and support for the City's Emergency Operations Center. BACKGROUND AND FINDINGS: WebEOC is a statewide emergency management platform that the City and the State of Texas uses to communicate during times of emergency or planned special events. The City of Corpus Christi is one of the WebEOC administrator for the region which consist of 11 counties and partnering agencies. This system allows for communication, information sharing, situational awareness, tracking of resources and evacuees, mapping, reporting and planning. This is the only system that allows us to track evacuees, make resource request locally, regionally and most importantly to the Texas Division of Emergency Management during times of disaster. Information entered in the system is archived and can later be used for FEMA reimbursement. The information collected is also used to build upon and improve reoccurring special events that take place in the city annually. The original contract was executed November 22, 2011, and has renewed continually every year to date at a total cost of $44,252. This amendment allows a 3% increase on the third year and future years for a total amount not to exceed $56,501.53. This item is funded by the Coastal Bend Regional Advisor Council as a grant, and funds appropriated to Fire Grants 1062. ALTERNATIVES: None OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This confirms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: XOperating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $21,800 $34,701.53 $56,501.53 Encumbered / Expended Amount This item $21,800 $34,701.53 $56,501.53 BALANCE $0.00 $0.00 $0.00 Fund(s): Fire Grant Fund Comments: The initial contract term total is $56,501.53 for a five-year agreement, of which $21,800 is funded in FY2018-19, with the remaining balance funded in future years. RECOMMENDATION: City staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Amendment Service Agreement DocuSign Envelope ID: FD899E9A-CBAA-4240-82FE-F961CB8843DE o°OUb VOR fi 1&52 Amendment City of Corpus Christi Purchasing Division Date: October 1, 2018 Service Agreement No.: WebEOC Managed Hosting, Hybrid Installation Master Services Agreement Reference: N/A Amendment No. 1 Service Agreement Current Value: $44,252 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and ESI Acquisition, Inc., Atlanta, Georgia hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the above -referenced service agreement (the "Agreement") and all other duly executed amendments, constitutes the entire agreement between the City and the Contractor. Section 3. Term of the Agreement is amended to delete it in its entirety and replace it with the following language: "3. Term "The initial term of this Agreement shall be one (1) year from the Service Commencement Date. Customer may renew for successive (1) year terms until July 31, 2017. The Parties may extend the Agreement for a five-year term beginning August 1, 2017 and continuing until July 31, 2022." By executing this Amendment, the Parties exercise the extension of the Agreement until July 31, 2022 and ratify the extension back to August 1, 2017. Section 4. Fees and Payment of the Agreement is amended to remove subsection 4(b) in its entirety and replace it with the following language: "(b) ESi will mail an invoice to the customer annually at least 60 days prior to the due date of the annual payment amount listed in Exhibit B." IV. Exhibit B, "Quote for Services" in the Agreement is hereby amended to substitute the attached Amendment No. 1 - Exhibit B, which provides the pricing for the extension term beginning August 1, 2017 and ending July 31, 2022. Page 1 of 2 DocuSign Envelope ID: FD899E9A-CBAA-4240-82FE-F961CB8843DE The Contractor and the City agree to and shall abide by all terms and conditions of the Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. DocuSigned by: [meekse. ESI Acquisition, Inc. December 29, 2018 i 07:38:55 EST Date Kim Baker Date Asst. Director of Financial Services City of Corpus Christi, Texas APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Page 2 of 2 DocuSign Envelope ID: FD899E9A-CBAA-4240-82FE-F961CB8843DE Amendment No. 1 - Exhibit B Quote for Services Product Code Renewal Period Price Total SS-WEBEOC-EX Year 1 (08/01/2017-07/31/2018) $10,900 Year 2 (08/01/2018-07/31/2019) $10,900 Year 3 (08/01/2019-07/31/2020) $11,227 Year 4 (08/01/2020-07/31/2021) $11,563.81 Year 5 (08/01/2021-07/31/2022) $11,910.72 Total $56,501.53 WebEOC Managed Hosting, Hybrid Installation Master Services Agreement This Master Services Agreement, effective this qaA day of NOV 20 I , is made by and between ESi Acquisition, Inc., (hereinafter referred to as "ESi"), a Delaware corporation, having its principal place of business at 823 Broad Street, Augusta, Georgia, 30901 and C/717. or C•705 CArts141 (hereinafter referred to as "Customer") which has its principal place of business at • ao i i. e. p.e-d J'fr e7 Pori* CA 1-'6 r .9y 7(i' 0/. WHEREAS: ESi is an Application Service Provider that makes available managed hosting services, for a fee, to entities holding a valid license to WebEOC and other ESi-licensed software; WHEREAS: The Customer holds a valid license to WebEOC; and WHEREAS: The Customer seeks to engage ESi as its Application Service Provider for WebEOC. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Definitions (a) "Agreement" means this Agreement and its Exhibits, the WebEOC End User License Agreement (EULA), license agreements for all other software used in performance of the Agreement, any purchase order issued under this Agreement, and any other signed writings between the parties concerning this Agreement. (b) "Application Service Provider" means an entity that maintains a shared hardware environment for the purpose of hosting and maintaining software and data on behalf of customers. (c) "ASP Environment" means the facility and Hosted Systems used by the Application Service Provider to deliver the Hosting Services. (d) "Availability" means Application Service Provider site availability, or the capability for the Customer and/or any of its authorized users to access the Hosted System and/or deliver ".html" formatted pages successfully through an internet connection exclusive of processes, hardware and software beyond the control of ESi. (e) "Effective Date" means the date stated at the top of this Agreement. (f) "Hosting Services" means the installation and management of specified software applications by an Application Service Provider in a shared environment on behalf of a customer and exclusively for the benefit of permitted users of the Software. (g) "Hosted System" means the combination of hardware, software and networking components used by the Application Service Provider to deliver the Hosting Services. ESi Page 1 of 16 RECIPIENT Rev. 11/09 (h) "Hybrid Installation" means the installation of a redundant instance of WebEOC for Customer in an environment maintained by the Application Services Provider to provide fail - over WebEOC capabilities in the event Customer loses local WebEOC capabilities. (i) "Service Commencement Date" means the date on which Customer is notified in writing, via electronic mail or facsimile, by ESi that the Hosted System is installed, data replication capabilities are in place, and Hosting Services are operable and accessible to Customer. (j) "Software," means all of the WebEOC® and ESi-branded software licensed to Customer by ESi. (k) "Software Support Plan" means a packaged plan of application support services and software updates including, but not limited to, technical corrections, patches, bug fixes, and level and other software releases which are specific to the Software. 2. Scope of Services ESi, acting as an Application Service Provider (ASP), shall provide Hosting Services for Customer in a shared ASP Environment according to the provisions set forth in Exhibit A ("Terms of Service") to this Agreement. 3. Term The initial term of this Agreement shall be one (1) year from the Service Commencement Date. Customer may renew for successive (1) year terms according to the term set forth in Section 4(b) of this Agreement. 4. Fees and Payment (a) Customer shall pay ESi the fees stated in Exhibit B, "Quote for Services." Such fee shall be due and payable by Customer within thirty (30) days of receipt of a valid invoice from ESi. (b) At least ninety (90) days prior to the anniversary of the Service Commencement Date, ESi shall notify Customer of the opportunity to renew this Agreement for an additional term of one (1) year and provide a price quotation for the additional term. Such price quotation shall reflect the published list price for Hosting Services and Software Support in effect at that time . At least thirty (30) days prior to the anniversary of the Service Commencement Date, ESi shall invoice Customer for an additional term of one (1) year at the stated price. Such stated price shall include the cost of hosting, application software support and technical support. Customer shall pay to ESi the invoiced amount within thirty (30) days of receipt of a valid invoice. Remittance of a purchase order, payment or other binding obligation to pay by Customer to ESi shall constitute acceptance by Customer of ESi offer of renewal. (c) ESi reserves the right to charge interest equal to one and one-half percent (1.5%) on all amounts past due with interest accruing as of the day after the due date, or the maximum rate allowable by law, whichever is less. 5. Termination (a) Termination, Non -Renewal. This Agreement shall terminate one year from the effective date unless renewed by Customer. ESi Page 2 of 16 RECIPIENT Rev. 11/ 9 (b) Termination, Material Breach. Prior to expiration, either party may terminate this Agreement immediately, upon written notice to the other, if the other party materially violates any provision of this Agreement and fails to remedy such violation within ten (10) days after written notice thereof. Material breach of this Agreement shall include, but not be limited to: (i) Violation of any proprietary rights of ESi or its third party licensors, agents or business partners, including but not limited to confidentiality, trademarks, copyrights, patents or patent rights, or any other ESi proprietary rights or interests in the Software, licenses or sublicenses whether or not expressly stated in this Agreement; (ii) Failure to pay the fees outlined in this Agreement as set forth in Section 4(a) of this Agreement; and (iii) Violation of the ESi Acceptable Use Policy available at: http://www.esi911.com/esi/index„phOoption=com content&view=article&id=36 &Itemid=128 (c) Termination Without Cause. Either party may terminate this Agreement without cause on sixty (60) days written notice. (d) Upon termination of this Agreement for any reason: (i) Customer access to ASP services shall be suspended; (ii) Customer shall immediately surrender to ESi any Internet protocol numbers, addresses or ESi-owned domain names assigned to Customer in connection with the Hosting Services delivered hereunder; (iii) ESi shall copy Customer data to a portable storage medium and ship to Customer via courier or other traceable delivery service within ten (10) days of termination date unless other arrangements are requested by Customer within five (5) days of the termination date; (iv) Any and all Customer data shall be overwritten, erased, encrypted or otherwise rendered unrecognizable upon confirmation from Customer that Customer data has been received in machine-readable format; and (v) Any terminated Customer requesting restoration of Hosting Services shall pay a $2,000 reinstatement fee and all applicable fees for requested services, and shall be liable to pay any outstanding, undisputed amounts due ESi prior to such restoration of services. (e) Upon termination pursuant to paragraphs (a) and (c) of this Section 5, Customer shall be entitled to a rebate for Hosting Services purchased and not performed. The unit of measure for calculating any rebate shall be weeks and shall be calculated using the following formula: (contract price/52 weeks) x number of weeks of service Customer would have received if the Agreement had been fully performed. In the event that ESi terminates the agreement for any of the reasons stated in Section 5 (d) above, ESi shall retain the balance as liquidated damages. ESi . J Page 3 of 16 RECIPIENT Rev. 11/09 6. Independent Contractor ESi is an independent contractor. ESi and its employees, agents and subcontractors shall act solely as independent contractors in the performance of services delivered hereunder, and nothing stated or implied herein shall be construed to create a partnership, joint venture, employment or agency relationship of any kind between ESi and Customer. 7. Confidentiality (a) Confidential Information means all information concerning ESi or any business partner of ESi to which Customer is provided access by virtue of this Agreement or its activities hereunder, including without limitation, technical data, product design and development information, source code and source code documentation, business operations and plans, sales information, information about quantity and kind of software licenses sold, prices and methods of pricing, marketing techniques and plans, trade secrets, unannounced products, product and process information and any other information which, if disclosed to others, might be competitively detrimental to ESi. (b) Confidential Information also shall mean all information concerning Customer to which ESi is provided access to by virtue of this Agreement or its activities hereunder, including, without limitation, data, documentation, business operations and plans, operating procedures, or any other information which, if disclosed to others, might be detrimental to Customer. (c) Confidential Information shall not include any information which has been publicly disseminated in writing by ESi or Customer which either party can show it knew prior to the disclosure or which was rightfully received from a third party without restriction. (d) During the term hereof and at all times thereafter, ESi shall maintain the Confidential Information of the Customer in strictest confidence, shall not disclose it to any third party, except as required by applicable law and/or regulation and/or by order of a court of competent jurisdiction, and shall use it only as necessary to perform hereunder. ESi shall cause each of its officers, directors and employees to restrict disclosure and use of such Confidential Information in like fashion, and shall be responsible for any wrongful disclosure and use by any of them. ESi agrees that any person to whom Confidential Information is disclosed shall be bound by confidentiality obligations that are at least as protective as those contained herein. (e) ESi and Customer agree that certain of ESi's information with respect to the negotiation or performance of this Agreement may, if marked confidential by ESi, constitute a trade secret or be of a proprietary business, technical, engineering, or economic nature ("confidential information") and will be treated as confidential by the City as privileged commercial information under Section 552.110 of the Texas Public Information Act, Chapter 552, Texas Government Code, if each page and sheet is clearly marked and identified as proprietary information, that should not be made available to the public. If a request is received for the information, ESi will be notified and the request and information will be forwarded to the Attorney General for a determination under Section 552.301 of the Act. Once the City has given ESi notice of the request, ESi has the responsibility to take whatever steps it deems appropriate to protect its interests. The City will withhold the information from the requester under Section 552.305 of the Act, until after the Attorney General's decision is received. The City will only release the information if directed to do so by the Attorney General. ESi\ Page 4 of 16 RECIPIENT/�. Rev. 11/09 8. Representations and Warranties (a) ESi represents and warrants to the Customer that it has the power and authority to enter into this Agreement and to perform the obligations stated herein. (b) Customer represents and warrants to ESi that it has the power and authority to enter into this Agreement and to perform the obligations stated herein. (c) Customer represents and warrants that Customer and its officers, directors, attorney, agents, employees and other authorized users shall access and utilize services provided under this Agreement in a lawful manner and not in violation of any applicable law, regulation, treaty, convention or order including, but not limited to intellectual property laws and United States export controls. (d) Customer represents and warrants that Customer and its officers, directors, attorney, agents, employees and other authorized users shall not sell, lease, share or otherwise permit access by a third party to services covered under this Agreement. Customer further represents and warrants that Customer and its officers, directors, attorney, agents, employees and Permitted Users shall not permit access, under any circumstances, to the Software, related materials or services provided under this Agreement by any person, entity or nation in violation of any United States export laws, regulations or controls. 9. Notices Except as otherwise specifically set forth herein, all notices shall be in writing, shall be delivered by overnight express courier requiring signature of the addressee to complete delivery, and shall be sent to the parties at the addresses set forth below, or to any other addresses designated in writing hereafter. Notice shall be deemed delivered two days after it is given to the courier by the notifying party. For Customer: C.7ty of Ce et/4 C /tr., sa`, /3'/4',,.l,�{y,� O c ado fimty 446.7 /ilGi` -a�{'V.eae.#Cope iii•�°r ..141bb b Leo/ .r d S/ / -e ," Corpvs -A �"yak TX 7 $ hs!ta c� cras.co•►� f*es1, L : 244 BZG 3f .1-7 II- 44,4 cy car -I os y 1 -&s . Com 10. Indemnification For ESi: Eric Kinzel Vice -President, Information Technology 823 Broad Street Augusta, GA 30901 ekinzelnesi911.com Facsimile: (706) 826-9911 With copy to: Melissa M. Leigh General Counsel mleigh@esi911.com (a) To the extent authorized by the Constitution and laws of the State of Texas, Customer agrees to indemnify and hold harmless ESi and its officers, directors, attorney, agents and employees from and against all claims, damages, losses, liabilities and expenses, including reasonable attorneys' fees, arising out of any and all claims by a third party, under any theory of legal liability, related to actual or alleged use by Customer of the services provided under this Agreement, actual or alleged breach by Customer of its obligations to end users or other third ES i(rit Page 5 of 16 RECIPIEN f� Rev. 11/09 parties, or any disputes between persons who claim to have the authority to act on behalf or bind the Customer. (b) To the extent authorized by the Constitution and laws of the State of Texas, ESi and Customer agree to indemnify, defend and hold harmless the other party, and each of their respective officers, directors, attorney, agents and employees from and against any and all claims, damages, losses, liabilities and expenses, including reasonable attorneys' fees, arising out of any claim by a third party asserting, under any theory of legal liability, infringement of such third party's patent, copyright, trademark, trade secret, confidentiality or other right, provided that the party seeking indemnification notify the other party, in writing, promptly of the receipt of a written notice of the claim. ESi and Customer agree, in the event of such claim, to provide the party seeking indemnification with reasonable assistance, at the indemnifying party's cost, in the defense or settlement of the claim. 11. Limitation of Liability (a) IN NO EVENT SHALL ESi BE LIABLE FOR ANY CLAIM OR DEMAND BY THE CUSTOMER OR A THIRD PARTY OR FOR ANY LOST PROFITS, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANYWAY RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR INCIDENTAL TO THE TRANSACTIONS HEREUNDER, MAY BE BROUGHT AGAINST ESi MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. ESi's total liability under this AGREEMENT shall not exceed the total amounts received by ESi from Customer hereunder. (b) ESi shall not be liable to Customer for harm caused by or related to the Customer's use of the services provided under this Agreement or the inability to use such services, unless the harm was caused by the gross negligence or willful misconduct of ESi. (c) Customer releases ESi from any liability for loss of data to the extent that such data has been updated, modified or changed by Customer, since the time that ESi was last required to perform a back-up. 12. Disclaimer of Warranty (a) ESi DOES NOT REPRESENT OR WARRANT THAT THE SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR -FREE OR COMPLETELY SECURE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THERE ARE INHERENT RISKS ASSOCIATED WITH THE TRANSFER OF INFORMATION THROUGH AN INTERNET CONNECTION AND SUCH RISKS INCLUDE LOSS OF DATA OR OTHER INFORMATION, PRIVACY AND PROPERTY. (b) ESi MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, NOT EXPRESSLY STATED IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT THAT ESi WARRANTS THAT IT HAS ALL NECESSARY RIGHTS WITH RESPECT TO ANY THIRD PARTY SOFTWARE OR INTELLECTUAL PROPERTY WHICH MAY BE REQUIRED TO PERFORM THE SERVICES DESCRIBED IN THIS AGREEMENT. ESi Page 6 of 16 RECIPIENT Rev. 1/09 13. General (a) Ownership. Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trade secrets, inventions, copyrights, and other intellectual property, and that ESi shall own any intellectual property it develops in the course of performing the services. Customer acknowledges and agrees that Customer shall not acquire any ownership rights or right of physical access to the hardware used by ESi to perform the services under this Agreement. (b) Entire Agreement. ESi and Customer acknowledge that they have not been induced to enter into this Agreement by any representation or warranty not set forth in this Agreement. This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes all existing agreements and all oral, written or other communications between them concerning its subject matter. This Agreement shall not be modified in any way except in writing signed by both parties. Facsimile signatures or signatures imprinted in an electronic medium, such as .pdf format, shall be deemed to be original signatures. (c) Assignment. Customer may not assign this Agreement without prior written consent by ESi. Any assignment in violation of this provision is null and void. ESi may freely assign this Agreement in connection with any sale or transfer by ESi of the Loaned Software, or substantially all of EST's business. Such assignment shall be fully binding and enforceable as against all permitted assignees and successors in interest. (d) Enforceability. If any provision of the Agreement, or any portion thereof, shall be held to be invalid, illegal, unenforceable or void as against public policy, the validity, legality or enforceability of the remainder of this Agreement shall not in any way be affected or impaired thereby. (e) Force Majeure. Any delay or nonperformance of any provisions of this Agreement caused by conditions beyond the reasonable control of the performing party shall not constitute a breach of this agreement, provided that such party has made reasonable efforts to notify the other party in writing and makes reasonable efforts to resume performance once the condition interfering with or preventing performance is removed. With respect to performance by ESi, "conditions beyond the reasonable control" of ESi, thereby constituting events of force majeure, shall include conditions relating to processes, hardware and software beyond the control of ESi such as information transmission delays due to excessive internet traffic and internet outages, and shall also include conditions such as natural disasters, acts of war, acts of God, fire, flood and power failure. (f) Waiver. The failure of either Customer or ESi to insist upon strict performance of any of the provisions contained herein shall in no way constitute a waiver of future violations of the same or any other provision. (g) Authority. The individuals executing this Agreement on behalf of the Customer and ESi do each hereby represent and warrant that they are duly authorized by all necessary action to execute this Agreement on behalf of their respective principals. (h) Choice of Laws and Venue. Except where the laws of another state are referenced, this Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Georgia, regardless of application of choice of law rules or principles. Unless otherwise elected by ESi at its option and in writing for a particular instance, the sole jurisdiction and venue for ESi Page 7 of 16 RECIPIENT Rev. 1/09 actions related to the subject matter hereof shall be the state or United States District Court having within its jurisdiction the location of ESi's principal place of business in Augusta, Georgia. Both parties consent to the jurisdiction of such courts and agree that process may be served in any manner allowed by the laws of the State of Georgia or of the United States. (i) Equal Opportunity and Affirmative Action. ESi does not discriminate on the basis of race, color, religion, gender, national or ethnic origin, disability, age, marital status or sexual orientation in its employment, hiring or contracting practices. ESi complies with all applicable local, state and federal laws prohibiting discrimination including, but not limited to, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, Title I of the Americans With Disabilities Act of 1990, the Equal Pay Act of 1963, the Vocational Rehabilitation Act of 1973, Executive Order 11246, Vietnam Era Veterans Readjustment Assistance Act of 1974, and the Georgia Equal Employment for Persons with Disabilities Code. Contractor shall comply with the laws, regulations and orders stated above and shall promptly provide to ESi any information needed by ESi to comply with any related reporting requirements. (j) Survival. The provisions of Sections 5, 6, 7, 8, 10, 11, 12, and 13 shall survive expiration of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate originals by their duly authorized representatives as of the day and year set forth above. Name: Curtis R. MacDonald Title: Chief Operating Officer Date: lb — 61- // By: 7 es Name: %or►a.%t I- - 1504 Title: C / !q t a� c'- Date: I I - a --11 Approved as to form --- R. J R: ping s=ir• A .istantCity A'•mey • City Attorney ESi Page 8 of 16 RECIPIENir o Rev. 11/09 EXHIBIT A TERMS OF SERVICE 1. Definitions All defined terms in this Exhibit A shall have the same meaning set forth in the Agreement, except where otherwise stated in this Exhibit. 2. Scope of Services (a) ESi, acting as an Application Service Provider, shall provide Hosting Services to Customer according to the provisions set forth in the Agreement. ESi shall create an account for Hosting Services on behalf of Customer upon receipt of a signed Agreement and valid purchase order. ESi shall notify Customer promptly upon creation of Hosting Services account and provide Customer with all information required to access such account. ESi, at its sole discretion, may provide and maintain such Hosted System and/or deliver such Hosted Services internally or through a qualified subcontractor. (b) ESi shall provide and maintain the facilities, hardware, and networking components necessary to operate a high -availability, shared ASP Environment for the benefit of Customer. (i) Customer environment shall have the capacity to support up to 250 concurrent users of Hosting Services. Any Customer requiring support of greater than 250 concurrent users may purchase additional Hosted System capacity, for a fee, from ESi. (ii) Customer environment shall be limited to a database having 5 Gigabytes of data storage capacity. Any Customer requiring additional database storage capacity may purchase additional data storage capacity, for a fee, from ESi. (c) ESi shall perform, at its convenience and after notice to Customer, scheduled updates of Software as new releases become available. Such updates shall be scheduled to enable the simultaneous update of Software licensed to Customer and all other ESi-hosted customers. Scheduled updates shall include correction releases (i.e. patches provided to correct software anomalies), point releases (i.e. modifications to current generation of software including enhancement and improvements), and level releases (i.e. new releases or new generation of software). ESi also shall install updates and security patches for other software, including operating system software, installed on hardware used to deliver Hosting Services. (d) ESi shall perform, as needed, emergency security updates to the Hosted System and Software to protect the ASP Environment from newly identified and widespread threats to the internet or internet-based services posed by worms, viruses and Trojans, or to address other vulnerabilities, with little or no notice to Customer. Such updates shall be treated as scheduled outages and the outage period shall not be considered as service downtime in any performance assessment that may be conducted. (e) ESi shall provide and maintain a Hybrid installation of Customer's locally installed instance of Software to ensure continuity of Software access and operation in the event of any unforeseen outage, disaster or other event that may interrupt service at Customer site. ESi shall provide Customer with all information needed to access and operate Customer failover site. ESi C Page 9 of 16 RECIPIENT Rev. 11/09 (f) ESi shall notify Customer in writing, via electronic mail or facsimile, of any planned service outages, i.e. for the purpose of performing Software updates or testing, or other inability to perform the services outlined in this Agreement. (g) ESi shall schedule, perform and maintain a duplicate ("backup") record of Customer's data during such times that the Customer's Hybrid Installation is activated in response to loss or failure of Customer's locally installed instance of Software, and operated as a failover instance by Customer. During such times that the Hybrid Installation is the only instance of the Software accessible to Customer, ESi shall perform hourly SQL transaction log backup to disk and daily full backup to tape. Data backups are limited to SQL database server files (i.e. those files having a .mdf or .Idf file extension). Data backups shall be retained on-site for one week and off-site for three additional weeks. ESi shall have no responsibility or obligation to perform or maintain duplicate data records for Customer's locally installed instance of the Software or inactive Hybrid Installation. (h) With assistance of Customer, ESi shall migrate data from Hybrid Installation to locally installed instance of Customer Software after activation of Hybrid Installation has been closed and Customer confirms that impairment of locally maintained instance has been corrected and local capabilities are restored. (i) ESi shall provide Customer with technical environmental support services. Such support services shall be available 24 hours per day, 7 days per week. Technical support services shall include assistance with problems related to ASP Environment, operating system and related software licensed by ESi on behalf of Customer, data or Hosted System access or similar problems. Technical support may be accessed by Customer by calling the Technical Support Help Desk at (877) 771-0911 or paging the on-call technician at (888) 243-7204. International customers access Customer Support by calling (706) 823-0911 or paging the on-call technician at (706) 240-0016. (i) ESi shall perform all services offered under the terms of the Software Support Plan purchased by Customer, as documented in both Exhibit B, "Quote for Services" and Exhibit C, Software Support Plans." (j) Customer may request performance of additional services by ESi. Such services shall be invoiced separately by ESi at the current published rate for labor and actual costs for materials and travel, if applicable. 3. ESi Obligations ESi shall perform all services described in Section 2 of this Agreement in a commercially reasonable manner and consistent with the practices used by ESi to maintain and protect its own data and systems. 4. Customer Obligations (a) The Customer shall maintain, at Customer's expense, a secure high speed internet connection through which to access its hosted Software. (b) The Customer shall appoint a designated point of contact and two alternate points of contact for its interactions with ESi. Customer shall provide ESi with the name, job title, physical ESi Page 10 of 16 RECIPIEN Rev. 11/09 address, telephone number, facsimile number and electronic mail address for each of the contact persons. Customer shall keep such contact information up-to-date and promptly notify ESi, in writing via electronic mail, of any changes. (c) The Customer shall maintain, at its expense, a valid license to any third party software products required to effectively and lawfully operate Customer instance of the WebEOC Software including, but not limited to, Double Take replication software and Double Take software maintenance plan. ESi expressly disclaims any obligation to provide or maintain such third party product licenses on behalf of Customer (i) Special Note regarding the WebEOC Software: The Customer shall maintain, at Customer's expense, a Software Support Plan at all times during the term of this Agreement and any subsequent renewal terms. Customer may elect to purchase a Bronze, Silver, Gold or Platinum -level Support Plan. Failure to maintain the most recent version and release in Customer's local operating environment may impair or make impossible performance of the Software in the Hybrid Installation environment. (ii) Special Note regarding Double Take Software: At all times, Customer is obligated to maintain the same version and release of the Double Take Software on its local server as installed in the Hybrid Installation environment. ESi shall notify Customer in writing of the version and release of the Double Take Software to be installed upon initial signing of this Agreement. ESi also shall provide Customer with at least ten (10) days written notice of any subsequent upgrades to the Double Take Software during the term of this Agreement. Failure to maintain the most recent version and release in Customer's local operating environment may impair or make impossible performance of the Software in the Hybrid Installation environment. (iii) Special Note regarding Windows Server Operating System and Microsoft SQL Server Software: At all times, Customer is obligated to maintain, at its expense, the same version and release of the Microsoft Windows Operating System and Microsoft SQL Server Software in its local environment as installed in the Hybrid Installation environment. ESi shall notify Customer in writing of the version and release of software to be installed upon initial signing of this Agreement. ESi also shall provide Customer with at least thirty (30) days written notice of any subsequent upgrades to such software during the term of this Agreement. Failure to maintain the same version and release in Customer's local operating environment may impair or make impossible performance of the Software in the Hybrid Installation environment. (iv) Special Note regarding firewall ports: The Double Take Software requires that Customer open ports in its firewall to allow replication traffic between the Customer's local environment and the Hybrid Installation. ESi shall provide Customer with instructions with respect to configuration of ports. From time to time, upgrades to the Double Take or Microsoft Software may require a change in the configuration of Customer firewall ports ESi shall communicate such changes to Customer. Failure or delay in the reconfiguration of firewall ports may impair or make impossible the performance of the Software in the Hybrid Installation environment. (d) The Customer shall use reasonable security precautions in connection with the use of services provided under this Agreement. ESi Q Page 11 of 16 RECIPIEN Rev. 11/09 (e) The Customer is responsible for any and all use and access to the Hosted System and Hosting Services by its employees, agents, contractors and permitted users of the Software and Hosting Services. (f) The Customer shall make best efforts to notify ESi in writing, via electronic mail or facsimile, of any planned non -emergency use of its Software, such as the occurrence of training sessions, drills and exercises, to aid ESi with the planning of any scheduled outages. (g) The Customer will make best efforts to promptly notify ESi Customer Support of any local server failure that requires activation the Hybrid Installation environment. (h) After activation of the Hybrid Installation environment, Customer shall promptly notify ESi Customer Support when local capabilities are restored and request that ESi initiate migration of data from Hybrid Installation to locally installed instance of Customer Software. 5. Service Levels and Warranty (a) All support calls received from Customer shall be logged and tracked in the ESi customer support system as a "Customer Support Ticket." Each Customer Support Ticket shall include an initial assessment of the Severity Level of the request for support: Severity Level Definition ASP 1 Hosting Services are not accessible to Customer via a public interne connection. ASP 2 Hosting Services are accessible, but performance is reduced or impaired. Software, Severity 1 Any and all errors which, individually or collectively with other errors, prevent Customer or permitted users of Customer from performing useful work or are deemed by Customer or any of its permitted users to be fatal to the operation of the Software. Software, Severity 2 Any and all errors which, individually or collectively with other errors, disable major functions of the Software from being performed and are deemed by Customer or any of its permitted users to have a severe impact on the operation of the Software. Software Severity 3 Any and all errors which, individually or collectively with other errors, disable only certain non-essential functions of the Software and are deemed by Customer or any of its users to have degraded operation of the Software. Software, Severity 4 All other errors not appropriately classified as Severity 1, Severity 2 or Severity 3 and are deemed by Customer or its permitted ESi Rev. 11/09 Page 12 of 16 RECIPIEN0 user as having a limited impact on the operation of the Software. (b) ESi shall make all commercially reasonable efforts to resolve Customer Support Tickets in accordance with the following schedule: ESi Rev. 11/09 Page 13 of 16 RECIPIENP� Acknowledgement of Customer Support Ticket Resolution ASP I Within 30 minutes Failover to redundant ASP environment and/or correction of error as soon as possible. ASP2 Within 2 hours Failover to redundant ASP environment and/or correction of error as soon possible. Software, Severity 1 Within 1 hour Delivery by ESi of a patch, workaround or temporary fix and revised documentation to Customer within 1 business day;and Delivery by ESi of the object code fix or other permanent fix and revised documentation to Customer within 10 business days. Software, Severity 2 Within 4 hours Delivery by ESi of a patch, workaround or temporary fix and revised documentation to Customer within 3 business days; and Delivery by ESi of the object code fix or other permanent fix and revised documentation to Customer within 20 business days. Software, Severity 3 Within 1 business day Delivery by ESi of a patch, workaround or temporary fix and revised documentation to Customer within 10 business days; and Delivery by ESi of the object code fix or other permanent fix and revised documentation to Customer within 45 business days. Software, Severity 4 Within 5 business days Delivery by ESi of a patch, workaround or temporary fix and revised documentation to Customer within 30 business days; and ESi Rev. 11/09 Page 13 of 16 RECIPIENP� Delivery by ESi of the object code fix or other permanent fix and revised documentation to Customer as appropriate. (c) ESi shall only be responsible for performance of components of the Hosted System and Services under its control. ESi shall not be responsible for performance deficiencies caused by processes, hardware and software beyond its control including, but not limited to, information transmission delays due to excessive internet traffic, internet outages, or failure of Customer to perform its obligations under this Agreement. 7. Limitations on Use of Services (a) Access to the Hosted System may not be rented, leased, sold, sub -leased, assigned or otherwise transferred for value by Customer to any third party. (b) Hosted System and Hosting Services are provided to support the Software, an information management tool. Hosting Services are not guaranteed to be fault-tolerant or to provide fail-safe performance. Hosting Services are not appropriate for use in ultra -hazardous environments where failure of the Hosted System or ASP Environment may lead to bodily injury, death or destruction of property. (c) Installation of software applications in ASP Environment is limited to software licensed to Customer by ESi and software supplied by ESi either as a component of the Hosted System or to support delivery of Hosting Services. (d) The Customer shall not conduct any load testing, performance testing or any other test of the Hosted System which may degrade performance or limit or adversely impact availability of the ASP Environment for other customers. 8. Information Security and Business Continuity (a) ESi shall perform all services hereunder consistent with its ASP Information Security Program ("Security Program"). Such Security Program shall set forth, at a minimum, ESi policies and procedures with respect to data classification and management, data and system back-ups, account and password management, physical security and access, network configuration and access, change management, media management and destruction, security training and awareness, and continuity of ASP Environment operations. (b) Any sub -contractors used to deliver, or support delivery of the Hosting Services shall maintain an information security and business continuity program which is supportive of the Security Program. (c) A copy of the Security Program is available, upon request and after execution of the ESi Non -Disclosure Agreement. (d) Hosting Services are provided in a shared environment. Customization of information security, data management and/or business continuity practices to meet Customer -specific needs is not supported. ESO Page 14 of 16 RECIPIEr" `�[ Rev. 11/09 EXHIBIT B QUOTE FOR SERVICES ASP Setup, Hybrid Hosting, and WebEOC Software Support fees are detailed in the attached quote, Quote Number Q15654 ESi Page 15 of 16 RECIPIEN Rev. 1 /09 1 ESI Acquisition, Inc IAugusta, GA 30901 Office (706) 823-0911 Toll Free (800) 596-0911 Fax (706) 826-9911 Website www.esi911.com Customer: Invoice Partner: Address: Title: Contact: Phone: Reference Summary: Date: Quote Expires: Disclaimer: Corpus Christi Coastal Bend Regional Advisory Council TSA -U P.O. Box 18460 Corpus Christi, TX 78480 Rick Adams Document Number: Q15654 Revised Quote for Hybrid Failover - Software Support for 2 years 01/20/2011 07/19/2011 Quotes issued in US Dollars & Valid 180 days from Issuance unless otherwise indicated. Items not manufactured by ESi are subject to change. Substitutes will be provided for customer consideration and approval. Product ID Description QTY List Price Your Price Extended Price TS-ASPSU-ES TS-CIMS7-25A-H SW-DTSTD-1ST TS-CIMS7-25A-H SS-DTSTD-YR TS-PMHOR-B-ES TS-WPGML-ES ASP Setup (WebEOC® or ESiWebFUSIONTM) ASP Hybrid </= 250 Concurrent Users - Annual Double -Take® Standard Edition w/YR1 maintenance 2,500.00 6,450.00 3,000.00 ASP Hybrid <1= 250 Concurrent Users - Annual 1 6,450.00 Year Two (2) Software Support Double -Take® Standard additional year maintenance 1 600.00 Year Two (2) Software Support Project Management - Normal Hourly Rate (Travel 2 250.00 excluded) Tech Services - Normal Hourly Rate Lead Developer 3 150.00 Bank of Board Building Tax Not Included 2,500.00 6,450.00 3,000.00 6,450.00 600.00 500.00 450.00 19,950.00 0.00 Sum Z 19,950.00 EXHIBIT C SOFTWARE SUPPORT PLANS ESi Page 16 of 16 RECIPIENTS Rev. /09 CSI Boundless Collaboration" Software Support Plans WebEOC®, Town Square & ESiWebFUSIONTM (Last Updated: August 2, 2011) ESi Acquisition Inc. I 823 Broad Street, Augusta, Georgia 30901 Sales@ESi911.com 1 (800) 596-0911 1 (706) 826-0911 Fax 1 www.esi911.com TABLE OF CONTENTS 1.0 General 1 WebEOC Professional, ST, Air Software Support Plans 1 WebEOC Town Square Software Support Plans 1 Period of Performance / Dates 1 2.0 WebEOC® Professional, Air, ST Plan Highlights 3 3.0 WebEOC Software Support Plans 4 3.1 Bronze 4 3.2 Silver 5 3.3 Gold 7 3.4 Platinum 9 4.0 ESiWebFUSIONTM Software Support 11 5.0 WebEOC Town Square Software Support 12 6.0 Third Party and WebEOC Plug-in / Interface Software Support Costs 13 7.0 Application Service Provider (ASP) — Hosting Fee 14 8.0 Customer Support and Escalation Plan 16 8.1 Escalation Plan 16 8.2 HOURLY SUPPORT (BRONZE AND CUSTOMERS WITHOUT SUPPORT PLAN) 17 9.0 Optional Emergency On-site Support Services 18 OPTIONAL EMERGENCY ON-SITE SUPPORT (EOSS) AGREEMENT 1 WebEOC Software Support Plan 1.0 GENERAL WEBEOC PROFESSIONAL, ST, AIR SOFTWARE SUPPORT PLANS ESi offers support plans that capture the services most often requested by our clients. It is our hope that these plans will streamline the procurement process. ESi offers the four optional software support plans listed below and described in the coming pages. • Bronze • Silver • Gold • Platinum WEBEOC TOWN SQUARE SOFTWARE SUPPORT PLANS ESi offers two optional software support plans listed below and described in the coming pages. • Basic • Premium PERIOD OF PERFORMANCE / DATES ESi Software Support bundled with License Fee: When Year 1 Software Support is purchased as a bundled line item with ESi software, the 90 day maintenance period shall begin on the 1st day of the month following software installation. If customer/licensee opts to install the software in its own environment, it is the responsibility of the customer/licensee to notify ESi customer support when software installation is complete. Upon notifying ESi the 90 day maintenance period shall begin on the 1st day of the month following software installation. PLEASE NOTE: If customer/licensee does not notify ESi of an installation date within 90 days of the date of customer/licensee purchase contract, the 90 day maintenance period shall be presumed to begin on the date of such purchase contract. Software Support not purchased: If customer does not purchase Software Support, either as a bundled package or as a separate line item, then the customer is still entitled to receive any software updates created and released by ESi during the first 90 days of ownership, from the first day of the month following installation of the WebEOC Software. Software Support for Plug -ins: When Year 1 Software Support is purchased for plug in modules (i.e., WebEOC Resource Manager, WebEOC Team Manager, WebEOC for Hospitals, or WebEOC Mapper Professional) in conjunction with WebEOC Professional, the Software Support period begins on the WebEOC Professional start date. If purchased subsequent to the core WebEOC purchase the 90 day maintenance period shall begin on the 1st day of the month following software installation. WebEOC and ESi. are registered trademarks of ESi Acquisition, Inc. MapTac'" and ESiWebFUSION'" are trademarks of ESi Acquisition, Inc. All other trademarks are the property of their respective companies. Revised 08/02/11 Page 1 WebEOC` WebEOC Software Support Plan Software Support for Third Party software: ESi regularly includes software support pricing for third party disaster recovery products (Double - Take Software). Support plans and pricing for these products are in accordance with manufacturer guidelines. Revised 08/02/11 Page 2 WebEOC WebEOC Software Support Plan 2.0 WEBEOC® PROFESSIONAL, AIR, ST PLAN HIGHLIGHTS i. Software updates cannot be purchased separately. Customers desiring correction, point, and level releases must select one of ESi's software support plans. ii. To renew software support after a lapse in coverage, customer must pay for the lapsed period dating back to when support ended. iii. Pricing for Bronze, Silver, Gold, and Platinum cover listed product(s) only. Renewal cost of other ESi and 3`d party products is additive. iv. Customers who have implemented WebEOC locally (to include the local side of Hybrid implementations) are responsible for all costs associated with any third party software upgrades necessary due to changes/revisions to WebEOC software. These third party software products include operating, database and/or replication software (e.g., Microsoft Windows Server, Microsoft SQL Server or Double -Take). v. To the extent possible, ESi will prorate software support to coincide with customer's fiscal year. In so doing, ESi and Customer will agree on the level of services provided during the altered period of coverage. vi. Unused services (e.g., board configuration, educational services, etc.) that are part of a Software Support Plan (Silver, Gold, or Platinum) do not roll over at year end. vii. Gold and Platinum support plans are specific packages and cannot be customized. viii. ESi will negotiate services (e.g., board building, onsite support, offsite training, etc.) with customers who desire to upgrade to Gold or Platinum during a year in which support is already being provided at a lower level. Agreement will be reached on prorated services. ix. Gold and Platinum support plans include travel expenses associated with onsite services within the Continental United States (CONUS). Non-CONUS customers seeking Gold or Platinum support should contact ESi for pricing. x. Support Plans apply to the current level release only. xi. Pricing contained herein is subject to change. Revised 08/02/11 Page 3 WebEOC` Bronze Silver Gold Platinum All eligible product updates • • • • Routine toll-free phone support during ESi business hours TIME & MATERIALS • • • 24/7 emergency phone support • • • Email and website support • • • After action analysis and suggestions for improvement • • • One (1) complimentary registration to annual User Conference • • • Board configuration services 10 hours 40 hours 80 hours Annual onsite exercise evaluation 2 days 4 days Annual onsite implementation evaluation 1 day 1 day Educational services at [Si University, Atlanta, GA (transportation, lodging not included) 4 days 8 days i. Software updates cannot be purchased separately. Customers desiring correction, point, and level releases must select one of ESi's software support plans. ii. To renew software support after a lapse in coverage, customer must pay for the lapsed period dating back to when support ended. iii. Pricing for Bronze, Silver, Gold, and Platinum cover listed product(s) only. Renewal cost of other ESi and 3`d party products is additive. iv. Customers who have implemented WebEOC locally (to include the local side of Hybrid implementations) are responsible for all costs associated with any third party software upgrades necessary due to changes/revisions to WebEOC software. These third party software products include operating, database and/or replication software (e.g., Microsoft Windows Server, Microsoft SQL Server or Double -Take). v. To the extent possible, ESi will prorate software support to coincide with customer's fiscal year. In so doing, ESi and Customer will agree on the level of services provided during the altered period of coverage. vi. Unused services (e.g., board configuration, educational services, etc.) that are part of a Software Support Plan (Silver, Gold, or Platinum) do not roll over at year end. vii. Gold and Platinum support plans are specific packages and cannot be customized. viii. ESi will negotiate services (e.g., board building, onsite support, offsite training, etc.) with customers who desire to upgrade to Gold or Platinum during a year in which support is already being provided at a lower level. Agreement will be reached on prorated services. ix. Gold and Platinum support plans include travel expenses associated with onsite services within the Continental United States (CONUS). Non-CONUS customers seeking Gold or Platinum support should contact ESi for pricing. x. Support Plans apply to the current level release only. xi. Pricing contained herein is subject to change. Revised 08/02/11 Page 3 WebEOC` WebEOC Software Support Plan 3.0 WebEOC® SOFTWARE SUPPORT PLANS 3.1 BRONZE Price: WebEOC® Professional — Bronze — $4,900.001 WebEOC® Professional Bronze Software Support is the least expensive software support option ESi offers. In addition to corrections, which address software anomalies and enhancements which provide new features/functionality, renewal also ensures customers have access to updates that correct or improve performance and security. Maintaining WebEOC at the latest software release will assure compatibility with other agencies using WebEOC, and with any WebEOC plug -ins customer may have or subsequently purchase. It will also ensure your system is always capable of connecting to ESiWebFUSION. Bronze Support Plan features include: • Software Updates o Level releases: new release or new generation of software (such as the 2008 release of WebEOC 7.0.). o Point releases: modifications to the current generation of software, including enhancements and improvements. o Correction releases: patches provided to correct software anomalies. • Access to a knowledge base, community discussion and board swap spaces, and resources on the ESi Support & WebEOC Community Portal at http://Support.ESi911.com • Access to the latest releases on the ESi Downloads Center website • [http://www.webeoc.com/webeoc_community]. • Customers seeking technical support will be billed on a time and materials basis ($175.00 first hour, plus $150.00/hr thereafter). See Section 7.0 for additional details. 1 WebEOC Air, $8,800.00; WebEOC ST, $9,050.00; WebEOC for Hospitals, $5,700.00 Revised 08/02/11 Page 4 WebEOC' WebEOC Software Support Plan 3.2 SILVER Price: WebEOC® Professional Silver — $9,000.00 2 Silver Support Features include: • Software Updates • Level releases: new release or new generation of software (such as the 2008 release of WebEOC 7.0.) • Point releases: modifications to the current generation of software, including enhancements and improvements • Correction releases: patches provided to correct software anomalies • Access to a knowledge base, community discussion and board swap spaces, and resources on the ESi Support & WebEOC Community Portal at http://Support.ESi911.com • Access to the latest releases on the ESi Downloads Center website [http://www.webeoc.com/webeoc_community]. • Routine software support available by telephone, Monday through Friday, 8:30 a.m. to 7:00 p.m. EST. • Toll-free phone, email, and website support (http://Support.ESi911.com) • Support for WebEOC software reinstalls • Remote session support • Emergency "after hours" support provided 24/7 as necessary during actual or exercise events/incidents. • Remote analysis of After Action Report findings with suggestions for improvement. • One (1) complimentary registration for the Annual WebEOC User Conference3. • Learn about latest WebEOC advances • Attend training sessions • Meet with users to share experiences • Meet with other agencies within your region or vertical (utilities, airlines, etc.) to discuss information sharing and interoperability issues • Attend user presentations on how WebEOC software is used • See technology demonstrations on current and future products 2 WebEOCAir, $12,900.00; WebEOCST, $13,150.00; WebEOC for Hospitals, $9,800.00 3 Applies to core WebEOC license only (Professional, Air, ST or for Hospitals). Additional registrations are not given for purchase of WebEOC plug -ins, interfaces or "Redundant Server" software. Revised 08/02/11 Page 5 WebEOC' WebEOC Software Support Plan • 10 hours of board building, scripting, or configuration. Your obligations under this plan: • Appoint a designated point of contact and two (2) alternate points of contact for interactions with ESi [e.g., submit support tickets, authorized to download software]. • Provide ESi with all necessary information about your operating environment, hardware, network configuration, security protocols, operational processes, and other information needed by ESi to respond to your requests for technical and other software support. Revised 08/02/11 Page 6 WebEOC' WebEOC Software Support Plan 3.3 GOLD Price: WebEOC® Professional — Gold — $24,900.00 4 Gold and Platinum Support plans are available to customers who desire an enhanced level of support from ESi, including annual exercise support, system evaluation, and training opportunities. Gold Support Plan features include: • Software Updates • Level releases: new release or new generation of software (such as the 2008 release of WebEOC 7.0.) • Point releases: modifications to the current generation of software, including enhancements and improvements • Correction releases: patches provided to correct software anomalies • Access to a knowledge base, community discussion and board swap spaces, and resources on the ESi Support & WebEOC Community Portal at http://Support.ESi911.com • Access to the latest releases on the ESi Downloads Center website [http://www.webeoc.com/webeoc_community]. • Routine software support available by telephone, Monday through Friday, 8:30 a.m. to 7:00 p.m. EST. • Toll-free phone, email, and website support (http://Support.ESi911.com) • Support for WebEOC software reinstalls • Remote session support • Emergency "after hours" support provided 24/7 as necessary during actual or exercise events/incidents. • Remote analysis of After Action Report findings with suggestions for improvement. • One complimentary registration for the Annual WebEOC User Conferences. • Learn about latest WebEOC advances • Attend Administrator and User training sessions • Meet with users to share experiences • Meet with other agencies within your region or vertical (utilities, airlines, etc.) to discuss information sharing and interoperability issues • Attend user presentations on how WebEOC software is used • See technology demonstrations on current and future products 4 WebEOC Air fee is $28,800.00; WebEOC ST, $29,050.00; WebEOC for Hospitals $25,700.00 5 Applies to core WebEOC license only (Professional, Air, ST, for Hospitals). Additional registrations are not given for purchase of WebEOC plug -ins, interfaces or "Redundant Server" software. Revised 08/02/11 Page 7 WebEOC' WebEOC Software Support Plan • 40 hours of board building, scripting, and configuration. • Annual exercise evaluation —Two (2) days onsite A regular EOC exercise program will keep you, your EOC staff, and your WebEOC® software in top working order. ESi will send a specialist to your facility to support your WebEOC Administrator and assist in evaluating the EOC Exercise. • Evaluate the ability to exchange information using WebEOC, and the effectiveness of the WebEOC configuration for regional collaboration (as appropriate) • Evaluate customer's event reporting, mission tasking and situation reporting processes • Make recommendations for changes to the customer's WebEOC implementation based upon current WebEOC best practices • Support the WebEOC Administrator during the exercise for user -related issues • Provide onsite technical support during the exercise • Provide an After -Action Report to the WebEOC Administrator documenting findings, lessons learned and recommendations • Annual process evaluation - One (1) day onsite • Evaluation based on best practices recommended by ESi and observed throughout the user community • Recommend process / workflow improvements • Review software enhancements issued throughout the year • Evaluate effectiveness of customer changes made during the year • Four (4) days of educational services at ESi University (travel expenses borne by customer) Your obligations under this plan: • Appoint a designated point of contact and two (2) alternate points of contact for interactions with ESi. • Provide ESi with all necessary information about your operating environment, hardware, network configuration, security protocols, operational processes, and other information needed by ESi to respond to your requests for technical and other software support. Revised 08/02/11 Page 8 WebEOC' WebEOC Software Support Plan 3.4 PLATINUM Price: WebEOC® Professional — Platinum — $34,900.00 6 Gold and Platinum Support plans are available to customers who desire an enhanced level of support from ESi, including annual exercise support, system evaluation and training opportunities. Platinum Support Plan features include: • Software Updates • Level releases: new release or new generation of software (such as the 2008 release of WebEOC 7.0.) • Point releases: modifications to the current generation of software, including enhancements and improvements • Correction releases: patches provided to correct software anomalies • Access to a knowledge base, community discussion and board swap spaces, and resources on the ESi Support & WebEOC Community Portal at http://Support.ESi911.com • Access to the latest releases on the ESi Downloads Center website [http://www.webeoc.com/webeoc_community]. • Routine software support available by telephone, Monday through Friday, 8:30 a.m. to 7:00 p.m. EST. • Toll-free phone, email and website support (http://Suprort.ESi911.com • Support for WebEOC software reinstalls • Remote session support • Emergency "after hours" support provided 24/7 as necessary during actual or exercise events/incidents. • Remote analysis of After Action Report findings with suggestions for improvement. • One complimentary registration for the Annual WebEOC User Conference'. • Learn about latest WebEOC advances • Attend training sessions • Meet with users to share experiences • Meet with other agencies within your region or vertical (utilities, airlines, etc.) to discuss information sharing and interoperability issues • Attend user presentations on how WebEOC software is used • See technology demonstrations on current and future products 6 WebEOC Air fee is $38,800.00; WebEOC ST, $39,050.00; WebEOC for Hospitals, $35,700.00 ' Applies to core WebEOC license only (Professional, Air, ST, for Hospitals). Additional registrations are not given for purchase of WebEOC plug -ins, interfaces or "Redundant Server" software. Revised 08/02/11 Page 9 WebEOC' WebEOC Software Support Plan • 80 hours of board building, scripting, and configuration. • Annual exercise evaluation — Four (4) days onsite A regular EOC exercise program will keep you, your EOC staff, and your WebEOC® software in top working order. ESi will send a specialist to your facility to support your WebEOC Administrator and assist in evaluating the EOC Exercise. • Evaluate the ability to exchange information using WebEOC, and the effectiveness of the WebEOC configuration for regional collaboration (as appropriate) • Evaluate customer's event reporting, mission tasking and situation reporting processes • Make recommendations for changes to the customer's WebEOC implementation based upon current WebEOC best practices • Support the WebEOC Administrator during the exercise for user -related issues • Provide onsite technical support during the exercise • Provide an After -Action Report to the WebEOC Administrator documenting findings, lessons learned and recommendations • Annual process evaluation - One (1) day onsite • Evaluation based on best practices recommended by ESi and observed throughout the user community • Recommend process / workflow improvements • Review software enhancements issued throughout the year. • Evaluate effectiveness of customer changes made during the year • Eight (8) days of educational services at ESi University (travel expenses borne by customer) Your obligations under this plan: • Appoint a designated point of contact and two (2) alternate points of contact for interactions with ESi. • Provide ESi with all necessary information about your operating environment, hardware, network configuration, security protocols, operational processes, and other information needed by ESi to respond to your requests for technical and other software support. Revised 08/02/11 Page 10 WebEOC. WebEOC Software Support Plan 4.0 ESiWebFUSIONTM SOFTWARE SUPPORT Price: $15,000.00 8 ESiWebFUSION Software Plan features include: • Software Updates • Level releases: new release or new generation of software • Point releases: modifications to the current generation of software, including enhancements and improvements. • Correction releases: patches provided to correct software anomalies. • Access to the latest releases • Routine software support available by telephone, Monday through Friday, 8:30 a.m. to 7:00 p.m. EST. • Toll-free phone, email, and website support (http://Support.ESi911.com) • Support for WebEOC software reinstalls • Remote session support • Emergency "after hours" support provided 24/7 as necessary during actual or exercise events/incidents. • Remote analysis of After Action Report findings with suggestions for improvement. • One complimentary registration for the Annual WebEOC User Conference. • Learn about latest WebEOC and ESiWebFUSIONTM advances • Attend training sessions • Meet with users to share experiences • Meet with other agencies within your region or vertical (utilities, airlines, etc.) to discuss information sharing and interoperability issues. • Attend user presentations on how WebEOC software is used • See technology demonstrations on current and future products • 10 hours of board building, scripting, and configuration. Your obligations under this plan: • Appoint a designated point of contact and two (2) alternate points of contact for interactions with ESi [e.g., submit support tickets, authorized to download software]. • Provide ESi with all necessary information about your operating environment, hardware, network configuration, security protocols, operational processes, and other information needed by ESi to respond to your requests for technical and other software support. 8 Unlike WebEOC, ESiWebFUSION may be installed on one second database server without incurring a "second server" fee. Revised 08/02/11 Page 11 WebEOC' WebEOC Software Support Plan 5.0 WEBEOC TOWN SQUARE SOFTWARE SUPPORT ESi offers two optional WebEOC Town Square software support plans. Support Level Knowledge Base and Community Forums Basic 'Included Premium ilncluded Install/Reinstall fee: Product Updates Included Included Support Tickets l$175 per ticket ;Included Annual Price $1,999 $4,998 I $500 1. Software updates cannot be purchased separately. Customers desiring correction, point, and level releases must select one of the software support plans above. 2. Basic and Premium Software Support plans cover WebEOC Town Square only. Renewal costs for other ESi or third -party products are additive. 3. Customers implementing WebEOC Town Square locally (to include the local side of hybrid implementations), are responsible for all costs associated with any third -party software upgrades resulting from changes/revisions to WebEOC software. These third -party software products include operating, database, and/or replication software (e.g., Microsoft Windows Server, Microsoft® SQL Server*, or Double -Take). 4. To renew software support after a lapse in coverage, customer must pay for the lapsed period dating back to when support ended. Warranty and Support WebEOC® Town SquareTM purchases are covered by a one-year limited warranty. In addition, customers who purchase WebEOC Town Square are entitled to 90 days of WebEOC Town Square support. At the end of the 90 days, routine WebEOC Town Square technical support will be available for $175.00 per trouble ticket, Monday through Friday, during the hours of 0830-1900 Eastern. Note: Support on third -party hardware and software products purchased through ESi is in accordance with the respective manufacturer specifications. Revised 08/02/11 Page 12 WebEOC' WebEOC Software Support Plan 6.0 THIRD PARTY AND WEBEOC PLUG-IN / INTERFACE SOFTWARE SUPPORT COSTS Software support pricing shown below is in addition to the cost of Bronze, Silver, Gold or Platinum Plans for WebEOC Professional. WebEOC Redundant Server 910 WebEOC Plug-in WebEOC Mapper Professional WebEOC Resource Manager WebEOC Team Manager WebEOC for Hospitals WebEOC Interface11 $800.00 $3,900.00 $3,000.00 $3,000.00 $800.00 MIR3TM Interface no annual fee EMTrack'M Interface no annual fee EMResource'M Interface no annual fee Third Party Software — Double -Take® (Per License/Per Year) 12 13 Double -Take® Standard (Current) $600.00 Double -Take® Advanced (Current) $1,000.00 Double -Take® Standard (Reactivation) $1,000.00 Double -Take® Advanced (Reactivation) $2,000.00 9 Fee based on 'database' servers, not web servers. Customers with multiple redundant servers must pay the Redundant Server fee for each redundant [database] server. This fee applies even though customer may designate another agency's WebEOC server as their redundant database server. 10 The Redundant Server software fee applies to core WebEOC products only (e.g., WebEOC Professional, WebEOC Air, WebEOC ST,). Customers may install plug -ins / interfaces on redundant servers without incurring similar "redundant server" fees. 11 Interfaces to commercial products listed are supported/maintained by ESi as part of the core WebEOC® Professional, ST, Air, software support plan. 12 Double -Take® is a third party product from Double -Take Software. Customers wishing to renew Double -Take support are cautioned to renew on time to avoid "Reactivation" fees. 13 Per database server. Revised 08/02/11 Page 13 WebE0C. WebEOC Software Support Plan 7.0 APPLICATION SERVICE PROVIDER (ASP) — HOSTING FEE14 ESi offers hosting services through Rackspace data centers located in Dallas, Texas and Herndon, Virginia. These facilities are fully redundant and geographically separated to reducing the likelihood that a man-made or natural disaster would affect both facilities simultaneously. Customers who choose ESi to host their instance of WebEOC have two options — fully hosted or hybrid. In the fully hosted scenario, ESi provides and maintains the customer's WebEOC totally within its hosted environment. Hybrid customers have WebEOC installed at the customer's location on servers maintained locally with ESi providing a redundant capability at one of its datacenters. Annual ASP and Hybrid fees are payable beginning Year 1. WebEOC Professional or Air ASP Service Description Service Fee ASP Hosting — SET-UP (One-time fee) $2,500 (One-time) ASP Hosting — Reinstatement Fee (when payment lapses for 30 days) $2,000 WebEOC Professional ASP Service Description Service Fee ASP Hosting - Up to 250 concurrent, unlimited named. $7,850 (Annually) ASP Hosting - Up to 500 concurrent, unlimited named. $12,850 (Annually) ASP Hosting - Up to 750 concurrent, unlimited named. $17,850 (Annually) ASP Hosting — Up to 1000 concurrent, unlimited named. $22,850 (Annually) ASP Hosting - Up to 250 concurrent, unlimited named. $1,500 (Monthly) ASP Hosting - Up to 500 concurrent, unlimited named. $3,000 (Monthly) WebEOC Air ASP Service Description Service Fee ASP Hosting - Up to 250 concurrent, unlimited named. $9,350 (Annually) ASP Hosting - Up to 500 concurrent, unlimited named. $14,350 (Annually) ASP Hosting - Up to 750 concurrent, unlimited named. $19,350 (Annually) ASP Hosting — Up to 1000 concurrent, unlimited named. $24,350 (Annually) ASP Hosting - Up to 250 concurrent, unlimited named. $1,800 (Monthly) ASP Hosting - Up to 500 concurrent, unlimited named. $3,600 (Monthly) 14 ASP (hosting) fees are in addition to software support fees referenced in Sections 3.1 through 3.4, and Section 5.0. Hosting fees cover the direct cost of hardware, software and services (ESi and Rackspace) to manage and maintain customer's shared environment. Revised 08/02/11 Page 14 WebEOC` WebEOC Software Support Plan WebEOC Mapper Professional ASP Service Description Service Fee ASP Hosting —SET-UP (One-time fee) $850 (One-time) ASP Hosting—Annual ASP Fee $3,950 WebEOC Team Manager ASP Service Description Service Fee ASP Hosting —SET-UP (One-time fee) $850 (One-time) ASP Hosting—Annual ASP Fee $1,000 WebEOC Resource Manager ASP Service Description Service Fee ASP Hosting —SET-UP (One-time fee) $850 (One-time) ASP Hosting—Annual ASP Fee $1,200 WebEOC Professional Hybrid Service Description Service Fee Hybrid Hosting - Up to 250 concurrent, unlimited named. $6,450 (Annually) Hybrid Hosting - Up to 500 concurrent, unlimited named. $11,450 (Annually) Hybrid Hosting - Up to 750 concurrent, unlimited named. $16,450 (Annually) Hybrid Hosting — Up to 1000 concurrent, unlimited named. $21,450 (Annually) Hybrid Hosting - Up to 250 concurrent, unlimited named. $1,500 (Monthly) Hybrid Hosting - Up to 500 concurrent, unlimited named. $3,000 (Monthly) WebEOC ASP Database Storage Service Fee ASP Hosting — 5GB Block ASP Database Storage $500 Revised 08/02/11 Page 15 WebEOC' WebEOC Software Support Plan 8.0 CUSTOMER SUPPORT AND ESCALATION PLAN Customers may seek support using the following resources on the ESi Support & WebEOC Community Portal at http://support.esi911.com : • Search the knowledge base of ESi official solutions and tips and tricks • Ask a community of peers and ESi moderators • Contact ESi Support via support portal, email, or phone For questions or problems of a non-critical nature, customers can submit a ticket through The Support Portal, by email to support@esi911.com, or call the Customer Support Help Desk number listed below ESi Customer Support US Customers International Customers WebEOC Customer Support portal http://support.esi911.com WebEOC Customer Support email support@esi911.com Charles Ryan WebEOC Customer Support Help Desk (877) 771-0911 (706) 823-0911 WebEOC Customer Support Pager (888) 243-7204 (803) 202-1014 8.1 ESCALATION PLAN If no one is available to answer your call (when dialing the Toll -Free Help Desk Number) you may: • Leave a message and your call will be returned as soon as possible. Calls received outside of ESi normal duty hours (Monday through Friday, 8:30 a.m. — 7:00 p.m. Eastern) will be returned the next business day. • Alternatively, you will be prompted to page the on -duty technician. If electing this option (or dialing the pager number direct), ensure the call back number includes your area code. If the call back number is a "general" number, please ensure the person answering the phone knows to whom the call should be transferred. Customers who dial the ESi commercial number must ask to be transferred to Tech Support. If no answer, you may elect to page the on -duty technician or leave a message. Messages will be returned as described above. If your call is for emergency support, and after paging the customer support technician you do not receive a call back within ten (10) minutes, call the following in the order listed: ESi Emergency Support Escalation Contact Information Manager of Customer Support Dyral Fox (706) 823-0911 (Office) (706) 951-1755 (Cell) Director of Customer Support, Quality Assurance Charles Ryan (706) 823-0911 (Office) (803) 292-4107 (Cell) Vice President, Chief Architect Josh Newsome (706) 823-0911 (Office) (706) 830-2807 (Cell) President and Chief Executive Officer Nadia Butler (706) 823-0911 (Office) (706) 836-5151 (Cell) Revised 08/02/11 Page 16 WebEOC' WebEOC Software Support Plan 8.2 HOURLY SUPPORT (BRONZE AND CUSTOMERS WITHOUT SUPPORT PLAN) Bronze Support Plan customers and customers without software support will be asked for a credit card number or purchase order before technical support will be provided. ESi accepts VISA, Master Card and Discover. Technical support rates in this instance will be charged in accordance with the following schedule. Bronze Support (Hourly) New Trouble Ticket (minimum charge) $175.00 Troubles requiring more than (1) hour of customer support $175.00 plus $150.00/hr. We also ask that you notify ESi Customer Support by email (support@esi911.com) each time your EOC activates/deactivates in response to an actual event or major exercise. Knowing when you activate will help us prioritize tech support activities; the deactivation will alert us to solicit feedback so that we can prepare our own after action report and ultimately share lessons learned with other WebEOC users. Revised 08/02/11 Page 17 WebEOC` WebEOC Software Support Plan 9.0 OPTIONAL EMERGENCY ON-SITE SUPPORT SERVICES Customers may elect to receive "on demand" emergency on-site support services from ESi on a fee- for-service basis. Such services are provided in addition to WebEOC Software Support and Maintenance and shall be provided according to the following terms and conditions: Services Offered: Services to be performed may include, but are not limited to: • WebEOC administration and user support • Custom board configuration • Training of new users • Process development and implementation • Technical assistance • The temporary set-up of a hosted or redundant system for fail -over purposes. Request for Services: Services may be requested by Customer by written Work Order at the sole discretion of Customer. Work Orders may be sent to ESi via facsimile at (706) 826-9911 or via electronic mail to emergency_help@esi911.com. If facsimile is used for submission, the customer should also send an electronic mail to emergency help@esi911.com informing ESi that the Work Order is in the process of being submitted. Acceptance of Work: ESi shall issue to Customer a written acceptance or rejection of work offered within twelve (12) hours of receipt of Work Order. Acceptance of Work Order by ESi is dependent on availability of ESi staff or qualified sub -contractors and feasibility of travel. Nothing contained herein shall require ESi to accept a request on behalf of Customer to perform services for Customer and nothing contained herein obligates Customer to request Contractor services. Compensation: Customer shall pay ESi for work performed at the rates stated in Contractor Rate Schedule listed below. ESi shall invoice Customer for work performed on a monthly basis. ESi invoice shall, at a minimum, provide the name and mailing address of ESi, the dates on which work was performed, a brief description of work performed, and an itemized list of charges covered by the invoice. Customer shall pay Contractor the amount due within thirty (30) days of receipt of Contractor invoice. Expenses: Customer shall pay ESi for reasonable expenses incurred during the performance of work requested by Customer. Reasonable expenses include but are not limited to travel, per diem and materials. ESi shall invoice Customer for such expenses, at rates equal to actual cost to ESi, on a monthly basis. ESi invoice shall, at a minimum, provide the name and mailing address of ESi and an itemized list of expenses covered by the invoice. Original receipts will be provided upon request of Customer. Customer shall pay Contractor the amount due within thirty (30) days of receipt of Contractor invoice. Revised 08/02/11 Page 18 WebEOC` WebEOC Software Support Plan Contractor Rate Table Item Number Description Unit Price TS -PM DAR-ES-EOSS Project Manager $3,000/day TS-PGMNR-ES-EOSS Programmer $3,000/day TS-FICTOD-ES-EOSS WebEOC Software Support, Senior Level $3,600/day TS-FINSD-ES-EOSS WebEOC Software Support $3,000/day TS-AEOSD-ES-EOSS Technical Services, General $3,000/day TS-ASPSU-EOSS Set-up, Temporary Hosted Site $3,000 TS-CIMS7-250D-H-EOSS Hosting (5 250 concurrent users) Temporary Site $ 50/day Direct Costs: Travel Expenses and Per Diem. Authorized travel expenses and per diem shall be paid to ESi at the following rates: (i) Transport fares (air, surface transportation) shall be reimbursed at actual costs. (ii) Reasonable hotel accommodations shall be reimbursed at actual costs. For the purposes of this agreement, "reasonable" means at a price at or similar to published General Services Administration ("GSA") guidelines in effect for the destination at the time of booking or stay, whichever amount is greater. (iii) Meals and incidentals ("per diem") shall be paid according to the published GSA guidelines in effect for the destination at the time such expenses are incurred. The value of any allowance for meals or incidentals purchased for ESi by Customer or a third party shall be subtracted from daily per diem values prior to issuing reimbursement to ESi. (iv) Mileage expenses shall be reimbursed at the Internal Revenue Service ("IRS") rate in effect at the time the expense is incurred. (v) Reasonable rental car expenses shall be reimbursed at actual costs. (vi) Parking fees, tolls and bridge fees shall be reimbursed at actual costs. The cost of any materials required to complete work assignments that are not provided to ESi shall be reimbursed at actual cost. A WebEOC Software Support and Maintenance Terms and Conditions, Optional On -Site Emergency Support Services Agreement is provided on the following pages. Please complete only if interested in EOSS Service. Revised 08/02/11 Page 19 WebEOC' OPTIONAL Emergency On-site Support Service (EOSS) PLEASE COMPLETE ATTACHED AGREEMENT ONLY IF EOSS SERVICE IS DESIRED THIS IS AN OPTIONAL SERVICE, PLEASE READ CAREFULLY Emergency On-site Support Service (EOSS) Revised 08/02/11 WebEOC' Emergency On-site Support Service (EOSS) Purchase Order Number: WebEOC Software Support and Maintenance Terms and Conditions, Optional On -Site Emergency Support Services Customer may, at its option and by affixing a duly authorized signature below, elect to receive "on demand" emergency on-site support services from ESi on a fee-for-service basis. Such services are provided in addition to WebEOC Software Support and Maintenance and shall be provided according to the following terms and conditions: 1. Services Offered, Acceptance of Work (a) Services Offered by ESi. [Si may, from time to time, provide professional services to Customer for the purpose of providing emergency on-site support during significant events and emergency operations center activations. Services to be performed may include, but are not limited to: WebEOC Administration, WebEOC Administrator and User support, board -building, "on the fly" process development and implementation, training and orientation for new users, provision of on-site technical assistance, temporary set-up of hosted or redundant system for fail -over purposes, and other emergency software support. (b) Request for Services. Services may be requested by Customer by written Work Order at the sole discretion of Customer. Such Work Order shall take the form of, or be substantially similar to, the Work Order Form incorporated herein as Attachment A. Work Orders may be sent to ESi via facsimile at (706) 826-9911 or via electronic mail to emergency help@esi911.com. If facsimile is used for submission, the customer should also send an electronic mail to emergency help@esi911.com informing ESi that the Work Order is in the process of being submitted. (b) Acceptance of Work. ESi shall issue to Customer a written acceptance or rejection of work offered within twelve (12) hours of receipt of Work Order. Acceptance of Work Order by ESi is dependent on availability of ESi staff or qualified sub -contractors and feasibility of travel. Nothing contained herein shall require ESi to accept a request on behalf of Customer to perform services for Customer and nothing contained herein obligates Customer to request Contractor services. 2. Compensation (a) Customer shall pay ESi for work performed at the rates stated in Contractor Rate Schedule incorporated herein as Attachment B. (b) ESi shall invoice Customer for work performed on a monthly basis. ESi invoice shall, at a minimum, provide the name and mailing address of ESi, the dates on which work was performed, a brief description of work performed, and an itemized list of charges covered by the invoice. Customer shall pay Contractor the amount due within thirty (30) days of receipt of Contractor invoice. 3. Expenses Customer shall pay ESi for reasonable expenses incurred during the performance of work requested by Customer. Reasonable expenses include but are not limited to travel, per diem and materials. ESi shall invoice Customer for such expenses, at rates equal to actual cost to ESi, on a monthly basis. ESi invoice shall, at a minimum, provide the name and mailing address of ESi and an itemized list of expenses covered by the invoice. Original receipts will be provided upon request of Customer. Customer shall pay Contractor the amount due within thirty (30) days of receipt of Contractor invoice. Revised 08/02/11 Page 1 WebEOC' Emergency On-site Support Service (EOSS) These terms and conditions accepted by: FOR CUSTOMER: FOR ESi: Date: Date: Name: Name: Title: Title: Address: Address: 823 Broad Street Augusta, Georgia 30901 Telephone: Telephone: (706) 823-0911 Facsimile: Facsimile: (706) 826-9911 Revised 08/02/11 Page 2 WebEOC` Emergency On-site Support Service (EOSS) 1. Licensee: Address: Work Requested By: ATTACHMENT A: WORK ORDER FORM 2. Points of Contact (2) for Work to be Performed: Name: Name: Title: Title: Organization: Organization: Telephone, land: Telephone, land: Telephone, mobile: Telephone, mobile: Facsimile: Facsimile: E-mail: E-mail: 3. Location of Work Facility Name: Address: Type of Facility: 4. Brief Description of Work Requested 5. Brief Description of Personnel Needs (i.e. number, special skills, etc.) 6. Anticipated Duration of Services Starting Date and Time: Anticipated End Date and Time: Individuals executing this Work Order on behalf of the Contractor and XXX do each hereby represent and warrant that they are duly authorized by all necessary action to execute this Work Order on behalf of their respective organizations. SUBMITTED BY: FOR ESi: Accept [ ] Reject [ ] Name: Name: Title: Title: Revised 08/02/11 Page 3 WebEOC` Emergency On-site Support Service (EOSS) ATTACHMENT B: CONTRACTOR RATE SCHEDULE 1. Definitions (a) "Item Number" means the ESi-assigned code for type of service delivered and is used by ESi for pricing and invoicing purposes. (b) "Description" means the type of service that may be provided by ESi according to the terms of this Agreement. (c) "Unit Price" means the unit price charged to Customer. (d) incidentals. "Direct Costs" mean non -labor costs such as authorized materials, travel, meals and 2. Contractor Rate Table item Number Description Unit Price TS-PMDAR-ES-EOSS Project Manager $3,000/day TS-PGMNR-ES-EOSS Programmer $3,000/day TS-FICTOD-ES-EOSS WebEOC Software Support, Senior Level $3,600/day TS-FINSD-ES-EOSS WebEOC Software Support $3,000/day TS-AEOSD-ES-EOSS Technical Services, General $3,000/day TS-ASPSU-EOSS Set-up, Temporary Hosted Site $3,000 TS-CIMS7-250D-H-EOSS Hosting (<_ 250 concurrent users) Temporary Site $ 50/day 3. Direct Costs (a) Travel Expenses and Per Diem. Authorized travel expenses and per diem shall be paid to ESi at the following rates: (i) Transport fares (air, surface transportation) shall be reimbursed at actual costs. (ii) Reasonable hotel accommodations shall be reimbursed at actual costs. For the purposes of this agreement, "reasonable" means at a price at or similar to published General Services Administration ("GSA") guidelines in effect for the destination at the time of booking or stay, whichever amount is greater. (iii) Meals and incidentals ("per diem") shall be paid according to the published GSA guidelines in effect for the destination at the time such expenses are incurred. The value of any allowance for meals or incidentals purchased for ESi by Customer or a third party shall be subtracted from daily per diem values prior to issuing reimbursement to ESi. (iv) Mileage expenses shall be reimbursed at the Internal Revenue Service ("IRS") rate in effect at the time the expense is incurred. (v) Reasonable rental car expenses shall be reimbursed at actual costs. (vi) Parking fees, tolls and bridge fees shall be reimbursed at actual costs. (b) The cost of any materials required to complete work assignments that are not provided to ESi shall be reimbursed at actual cost. Revised 08/02/11 Page 4 WebEOC` AGENDA MEMORANDUM Future Item for the City Council Meeting of February 26, 2019 Action Item for the City Council Meeting of March 19, 2019 DATE: February 26, 2019 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Direct or Asset Management JimDcctexas.com 361-826-1909 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Service Agreement for Software Hosting, Maintenance and Support for the M5 FleetFocus System for Asset Management CAPTION: Resolution authorizing a five-year service agreement for software hosting, maintenance and support for the M5 FleetFocus system with AssetWorks, LLC of Wayne, Pennsylvania, for an amount not to exceed $437,337.88 and ratifying the agreement back to the effective date of January 1, 2018. PURPOSE: The purpose of this agenda item is to enter into a new contract to continue the utilization of this fleet management software. BACKGROUND AND FINDINGS: On August 12, 2014, City Council approved the Fleet Management Information System Replacement, M5 FleetFocus. This is currently a growth version of the M4 FleetFocus maintenance and management system, which has been used by this department since 2000. The M5 FleetFocus system is a sophisticated, comprehensive system, which allows Fleet Management to track information in exceptional detail and consequently, permits informed management decisions dealing with vehicles from cradle to grave. AssetWorks, LLC will perform hosting, maintenance and support of the software for this application as stated above. It should be pointed out that the M4 and M5 system has been virtually trouble-free. The system has a long history of permitting Fleet Maintenance to properly manage the City's 1,840 vehicle fleet. Fleet Maintenance 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: Not applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Asset Management FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $258,395.90 $275,635.53 $534,031.43 Encumbered / Expended Amount $21,607.44 $0.00 $21,607.44 This item $161,702.35 $275,635.53 $437,337.88 BALANCE $75,086.11 $0.00 $75,086.11 Fund(s): Comments: This agreement is for an amount not to exceed $437,337.88, of which $161,702.35 is required for the prior fiscal year and the remainder of FY 2018-2019. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Agreements (4) Resolution authorizing a five-year service agreement for software hosting, maintenance and support for the M5 FleetFocus system with AssetWorks, LLC of Wayne, Pennsylvania, for an amount not to exceed $437,337.88 and ratifying the agreement back to the effective date of January 1, 2018. WHEREAS, the purchase of services for software hosting, maintenance and support for the M5 FleetFocus system for Fleet Maintenance will be purchased by Asset Management; WHEREAS, this service for the M5 FleetFocus system used by Fleet Maintenance will provide Asset Management the ability to manage and track information in exceptional detail and consequently permits informed management decisions dealing with vehicles from cradle to grave; 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 purchase five-year software hosting, maintenance and support services for the M5 FleetFocus system from AssetWorks, LLC of Wayne, Pennsylvania, for an amount not to exceed $437,337.88, and execute any documents necessary for such purpose. A copy of the agreement will be on file in the Office of the City Secretary. The approval of this purchase is ratified back to the effective date of January 1, 2018. 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 Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas Joe McComb Mayor day of , 2019 Page 2 of 2 PRICE SHEET CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA PEDRAZA ASSETWORKS, LLC WAYNE, PENNSYLVANIA ITEM DESCRIPTION QTY. UNIT UNIT PRICE EXTENDED PRICE 1 Maintenance Renewal 1.1 Annual Software Maintenance and Support for period 1/1/2018-12/31/2018 1 EA $38,999.44 $38,999.44 1.2 Annual Software Maintenance and Support for period 1/1/2019-12/31/2019 1 EA $43,921.41 $43,921.41 1.3 Annual Software Maintenance and Support for period 1/1/2020-12/31/2020 1 EA $45,582.48 $45,582.48 1.4 Annual Software Maintenance and Support for period 1/1/2021-12/31/2021 1 EA $47,326.60 $47,326.60 1.5 Annual Software Maintenance and Support for period 1/1/2022-12/31/2022 1 EA $49,157.93 $49,157.93 Total Price $224,987.86 2 Hosting Renewal 2.1 Annual Application Hostng for period 1/1/2018-12/31/2018 1 EA $38,430.00 $38,430.00 2.2 Annual Application Hostng for period 1/1/2019-12/31/2019 1 EA $40,351.50 $40,351.50 2.3 Annual Application Hostng for period 1/1/2020-12/31/2020 1 EA $42,369.08 $42,369.08 2.4 Annual Application Hostng for period 1/1/2021-12/31/2021 1 EA $44,487.54 $44,487.54 2.5 Annual Application Hostng for period 1/1/2022-12/31/2022 1 EA $46,711.91 $46,711.91 Total Price $212,350.03 SOFTWARE MAINTENANCE AGREEMENT FOR AND IN CONSIDERATION of the mutual benefits accruing and expected to accrue hereunder, this Software Maintenance Agreement ("Agreement"), is made as of the 1st day of January, 2018 ("Effective Date") by and between AssetWorks, with offices at 998 Old Eagle School Road, Suite 1215, Wayne, PA19087 ("AssetWorks"), and the City of Corpus Christi, with offices at PO Box 9722 Corpus Christi, TX 78469-927 ("CUSTOMER"),Intending to be legally bound, the parties hereby mutually agree to the following terms and conditions: A. BACKGROUND AssetWorks and CUSTOMER are parties to a Software License Agreement, Number CC01012018 and dated January 1, 2018 pursuant to which CUSTOMER has licensed certain software products ("Software" or "Product") from AssetWorks. 2. The Software paid-up license fee includes a warranty without charge as set forth in the Software License Agreement. In addition, support and maintenance ("Maintenance") for the Software is available as an option. Maintenance includes bug fixes and telephone support and may include, if they are made available by AssetWorks, Software updates and enhancements. 3. The purpose of this Agreement is to set forth the terms and conditions upon which CUSTOMER has agreed, at its option, to subscribe to Maintenance from AssetWorks. B. TERMS AND CONDITIONS 1. Term Maintenance shall commence immediately upon the Effective Date and shall have a term of five (5) years. 2. Correction of Deviations In the event that the CUSTOMER encounters an error and/or malfunction ("Deviation") in the Software, it shall communicate the circumstances and any supporting information to AssetWorks. Upon receipt, AssetWorks will respond as follows: a. In the event that, in the mutual and reasonable opinion of AssetWorks and the CUSTOMER, there exists a Deviation that does not constitute a serious impediment to the normal intended use of the Software, AssetWorks will correct the Deviation and distribute the correction to the CUSTOMER in accordance with AssetWorks' normal Software revision schedule. b. In the event that, in the mutual and reasonable opinion of AssetWorks and the CUSTOMER, there exists a Deviation that does constitute a serious impediment to the normal intended use of the Software, AssetWorks will take such steps as are reasonably required to correct the Deviation with all due dispatch. AssetWorks Software Maintenance Agreement Page 1 3. Software Revisions and New Versions a. The Software may be revised by AssetWorks as a result of the correction of Deviations and/or the release of upgrades or improvements or modifications designed to improve the performance of the Software and/or to increase the capabilities of the Software (hereafter "Revisions"). Revisions shall be of two kinds: Revisions that the CUSTOMER is obliged to implement ("Mandatory Revisions"); ii. Revisions that may be implemented by the CUSTOMER at its option ("Optional Revisions"). iii. No charge shall be made to the CUSTOMER for either Mandatory Revisions or Optional Revisions. b. New versions ("New Versions") of the Software may be issued by AssetWorks from time to time. Compared to a Revision, a New Version substantially improves the performance of the Software and/or substantially increases its functionality and capability. AssetWorks, in it sole discretion, shall decide which upgrades and improvements will be issued as Revisions without charge and which shall be issued as New Versions for which there may be a charge. 4. Telephone Hotline Assistance AssetWorks, at its expense, shall make available technically qualified personnel to respond to all reasonable telephone requests, Monday through Friday, excluding State holidays, during normal business hours, that may be made by the CUSTOMER relating to the application and operation of the Software. At other times such personnel are available for emergencies. 5. Technical Literature AssetWorks shall make available to the CUSTOMER all technical literature that is considered by AssetWorks to be relevant to the Software and its use within the scope of CUSTOMER's operations. 6. Transmission All Revisions and New Versions will be transmitted to the CUSTOMER on magnetic tape, magnetic disk or other suitable media, at the option of AssetWorks. The CUSTOMER shall be solely responsible for mounting the media and executing the appropriate instructions in order to transfer the Revisions or New Versions onto to its system. 7. Remote Diagnostic Access With the permission of the CUSTOMER, AssetWorks may remotely access the Software for the purpose of remote diagnostics and support. 8. Proper Use a. The CUSTOMER agrees that all reasonable effort shall be taken to ensure that neither the Software nor data files are misused. b. In the event that the CUSTOMER, or its agents, misuses the Software or data files, including, but not limited to, inserting, updating, deleting or otherwise modifying data through a means other than the Software, although AssetWorks is not obligated to correct such misuse, AssetWorks Software Maintenance Agreement Page 2 AssetWorks shall be entitled to attempt to correct the situation, if possible, at CUSTOMER'S Expense. c. In the event that diagnostic assistance is provided by AssetWorks, which, in the reasonable opinion of AssetWorks and the CUSTOMER, relates to problems not caused by a Deviation in the Software, such assistance shall be at the CUSTOMER's expense. 9. Software Maintenance Fee — Paid Up License In consideration of the Maintenance services to be provided by AssetWorks for each twelve-month period hereunder, CUSTOMER shall pay to AssetWorks the amounts listed in Schedule 1. 10. Additional Software Maintenance Fee — Paid Up License In the event the CUSTOMER acquires Software in addition to that indicated in Schedule 1 of the Software License Agreement (the "Additional Software"), the Maintenance shall automatically be extended to cover the Additional Software, and the CUSTOMER shall pay an additional annual Maintenance fee in an amount equal to twenty percent (20%) of the then current license fee for the Additional Software starting with the next renewal date unless otherwise agreed by the parties in writing. 11. Other Fees and Expenses If onsite maintenance is required, CUSTOMER will pay reasonable travel and living expenses of AssetWorks' employees or agents, which shall be billed and paid as the expenses are incurred. 12. Payment Terms a. Annual payments for Maintenance will be due in advance of the commencement of the initial one- year period of the Maintenance and each anniversary thereafter. b. CUSTOMER shall pay the Maintenance fees listed in Schedule 1. c. AssetWorks reserves the right to apply a late payment charge of 1.5% per month to amounts outstanding more than thirty (30) days after the date of the invoice. 13. Default and Termination a. The CUSTOMER shall have the right to terminate this Agreement upon delivery of written notice at least ninety (90) days prior to any scheduled renewal date. b. AssetWorks may cancel this Agreement in the event that the CUSTOMER does not implement a Mandatory Revision within sixty (60) days of receipt thereof or such longer period as AssetWorks may consent to in writing. In the event that CUSTOMER does not implement a Mandatory Revision within thirty (30) days following receipt of written notice from AssetWorks of CUSTOMER's failure to implement a Mandatory Revision, AssetWorks may then cancel this Agreement, effective immediately, by notice in writing to the CUSTOMER. c. In the event of any breach of the terms and conditions of this Agreement by the CUSTOMER, AssetWorks will, by written notice to the CUSTOMER, give the CUSTOMER a period of thirty (30) days within which to institute remedies to correct such breach. In the event that such breach has not been corrected to AssetWorks' satisfaction within said thirty (30) day period, AssetWorks Software Maintenance Agreement Page 3 AssetWorks may then cancel Maintenance, effective immediately, by notice in writing to the CUSTOMER. d. In the event that this Agreement is terminated by AssetWorks, AssetWorks shall have no continuing obligations to the CUSTOMER of any nature whatsoever with respect to this Agreement. Furthermore, termination by AssetWorks pursuant to the provisions hereof shall be without prejudice to any right or recourse available to AssetWorks, and without prejudice to AssetWorks' right to collect any amounts, which remain due to it hereunder. e. Customer may terminate this agreement at any time upon thirty (30) days written notice for non - appropriation of Customer funds for this Agreement during the Customer's annual budget process. In the event of termination by the Customer due to non -appropriation of funds, the Customer shall only be responsible for payment of annual fees through the end of the fiscal year for which funds were appropriated by the Customer for this Agreement. 14. Limitation of Liability a. In the event of any claim brought by one party against another hereunder, a party will be liable only for actual, direct losses or damages incurred (including cost of cover), limited to the amount of fees paid to AssetWorks for maintenance services; provided, the claiming party shall be obliged to take reasonable steps to mitigate its losses or damages. b. Irrespective of the basis or theory of the claim, neither party will be liable for any special, punitive, exemplary, indirect, incidental or consequential damages of any kind, including, without limitation, lost profits or loss of data, even if it has been advised of the possibility of such damages. 15. General Terms a. Neither AssetWorks nor CUSTOMER will assign or transfer its interest in this Agreement or any Attachment without the prior written consent of the other party. b. All provisions of this Agreement, which by their nature should survive termination of this Agreement, will so survive. c. No delay or failure by either party to exercise any right hereunder, or to enforce any provision of this Agreement will be considered a waiver thereof. No single waiver will constitute a continuing or subsequent waiver. To be valid, a waiver must be in writing, but need not be supported by consideration. d. If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, such provision will be modified to the minimum extent necessary to make it legal, valid and enforceable, and the remaining provisions of this Agreement will not be affected. e. This Agreement, including its interpretation and enforcement, will be governed by the substantive laws of the State of Texas excluding its conflict of laws rules. f. Any communication or notice hereunder must be in writing, and will be deemed given and effective: (i) when delivered personally with proof of receipt;; (ii) when delivered by overnight express; or (iii) three (3) days after the postmark date when mailed by certified or registered mail, postage prepaid, return receipt requested and addressed to a party at its address for notices. Each party's address for notices is stated below. Such address may be changed by a notice delivered to the other party in accordance with the provisions of this Section. AssetWorks LLC CUSTOMER: 998 Old Eagle School Rd. - Suite 1215 City of Corpus Christi Wayne, PA 19087 1201 Leopard St Corpus Christi, TX 78401 AssetWorks Software Maintenance Agreement Page 4 g. Attn.: John Hines Attn.: Tambra Milot, Asset Management Copy to: Director of Contracts AssetWorks LLC 998 Old Eagle School Rd. - Suite 1215 Wayne, PA 19087 Attn: Legal Department Copy to: Jim Davis City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 In the event of any dispute arising in the performance of this Agreement or any Attachment, AssetWorks and the CUSTOMER will seek to resolve such dispute through good faith, amicable discussions and negotiations. Any specific agreed upon problem escalation procedure will be stated in the related Attachment. In the event of a conflict between the terms of an Attachment and this Agreement, the Attachment shall control unless otherwise provided in the Attachment. In any action at law or in equity to enforce or interpret the terms of this Agreement, the prevailing party will be entitled to recover its reasonable attorneys' fees and costs, in addition to any other relief ordered by the court. Such fees and costs will include those incurred in connection with the enforcement of any resulting judgment or order, and any post judgment order will provide for the right to receive such attorneys' fees and costs. h. Neither party will be liable for any failure to perform or any delay in performing any of its obligations hereunder when such failure or delay is due to circumstances beyond its reasonable control and without its fault (Force Majeure), including, without limitation, any natural catastrophe, fire, war, riot, strike, or any general shortage or unavailability of materials, components or transportation facilities, or any governmental action or inaction. Upon the occurrence of such event of Force Majeure, the affected party will immediately give notice to the other party with relevant details, and will keep the other party informed of related developments, This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous oral, and all prior written, negotiations, commitments and understandings of the parties relating to the subject matter hereof. This Agreement may not be modified except by a writing executed by both parties. In accordance with Chapter 2270, Texas Government Code, the CUSTOMER 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 AssetWorks verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. k. AssetWorks will complete the submit a completed Disclosure of Interests form. I. AssetWorks will provide insurance in accordance with the attached Attachment 1 — Insurance Requirements. IN WITNESS WHEREOF, the parties hereto, intending to be liable bound, have entered into this Agreement, effective as of the Effective Date. AssetWorks LLC CUSTOMER By: /Gordon Smil Title: Portfolio Manager Date: 10/29/2018 AssetWorks Software Maintenance Agreement By: Title: Date: Page 5 EXHIBIT INSURANCE REQUIREMENTS 1. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Fleet Services, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation 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 $1,000,000 Aggregate PROFESSIONAL LIABILITY (Errors & Omissions) $1,000,000 Per Claim AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL, REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any cancellation. Contractor will provide thirty (30) calendar days advance written notice of any suspension, non -renewal, or material change in coverage, and will inform the City in writing within in ten (10) days of any lapse in coverage for any other reason. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance 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 agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2018 Insurance Requirements Fleet Services Fleet Maintenance M5 Management Software - Hosting Agreement 05/11/2018 sw Risk Management Asse1WORKS Schedule 1 998 Old Eagle School Road I Suite 1215 I Wayne PA 19087-1805 Tel (858) 452-0458 Fax (858) 452-0478 TO: FROM: DATE: RE: City of Corpus Christi AssetWorks LLC April 18, 2018 FleetFocus M5 Maintenance and Support Renewal MAIINTENANCE RENEWAL Number 8327 M5FL MNT18_REV5_5yr Adds Ad-hoc Query Module Removes MobileFocus and Reservations Modules Prices valid through December 31, 2022 Annual Software Maintenance and Support for period 1/1/2018 - 12/31/2018 FleetFocus M5 license for up to 2,000 equipment units Including Ad-hoc Query, Crystal Reports, Replacement Analysis, KPI/Dashboards, Motor Pool, and Shop Activity modules Smart Apps, Year 2 pro -rated for period 4/1/2018 - 12/31/2018 (9 months) FuelFocus software $ 27,505.17 $ 2,520.00 $ 774.27 Subtotal, 2018 Maintenance $ 30,799.44 OPTION 1: Removed at City's request OPTION 2: Professional Services, up to 40 hours @ $205, offsite; billed monthly as utilized Total, 2018 Maintenance + Options $ 8,200.00 $ 38,999.44 Annual Software Maintenance and Support for period 1/1/2019 - 12/31/2019 Same configuration as above Subtotal, 2019 Maintenance $ 33,221.41 OPTION 1: Basic Admission for 2 to AssetWorks Academy Fleet Users Conference in 2019 $ 2,500.00 OPTION 2: Professional Services, up to 40 hours @ $205, offsite; billed monthly as utilized $ 8,200.00 Annual Software Maintenance and Support for period 1/1/2020 - 12/31/2020 Same configuration as above Total, 2019 Maintenance + Options $ 43,921.41 Subtotal, 2020 Maintenance $ 34,882.48 OPTION 1: Basic Admission for 2 to AssetWorks Academy Fleet Users Conference in 2020 OPTION 2: Professional Services, up to 40 hours @ $205, offsite; billed monthly as utilized Annual Software Maintenance and Support for period 1/1/2021 -12/31/2021 Same configuration as above $ 2,500.00 $ 8,200.00 Total, 2020 Maintenance + Options $ 45,582.48 Subtotal, 2021 Maintenance $ 36,626.60 OPTION 1: Basic Admission for 2 to AssetWorks Academy Fleet Users Conference in 2021 OPTION 2: Professional Services, up to 40 hours @ $205, offsite; billed monthly as utilized $ 2,500.00 $ 8,200.00 Total, 2021 Maintenance + Options $ 47,326.60 Annual Software Maintenance and Support for period 1/1/2022 -12/31/2022 Same configuration as above Subtotal, 2022 Maintenance OPTION 1: Basic Admission for 2 to AssetWorks Academy Fleet Users Conference in 2022 OPTION 2: Professional Services, up to 40 hours © $205, offsite; billed monthly as utilized Total, 2022 Maintenance + Options $ 38,457.93 $ 2,500.00 $ 8,200.00 $ 49,157.93 Maintenance and Support includes product updates and enhancements, unlimited email and telephone support for periods specified. Options to be included only if specified on a purchase order from the city. REMIT TO: CHECKS AssetWorks PO Box 202525 Dallas TX 75320-2525 TX Sales Tax: 0.0000% $ 5 -Year Budgetary Grand Total, Options Included $ US EFT, ACH, OR DIRECT DEPOSIT Wells Fargo, 8601 N. Scottsdale Rd., Scottsdale AZ 85253 ABA # 122105278 Account # 5076434348 $ 224,987.86 For payment by credit card an additional 4% fee will be charged. US Tax ID # 98-0358175 Canada GST/NST # 834113896 RT0001 AssetWorks LLC is a subsidiary of Trapeze Software Group Inc. Page 1 of 2 Y:1Corpus Christi [M5, FL, HSTI\Maintenance & Hosting Renewals Corpus Christi M5 FL Maint Renewal Jan 2018_5yr Confidential Information AssetWORKS 998 Old Eagle School Road I Suite 1215 I Wayne PA 19087-1805 Tel (858) 452-0458 Fax (858) 452-0478 TO: FROM: DATE: RE: City of Corpus Christi AssetWorks LLC April 18, 2018 FleetFocus M5 Maintenance and Support Renewal MAINTENANCE RENEWAL Number 8327 M5FL MNT1B_REV5_5yr Adds Ad-hoc Query Module Removes MobileFocus and Reservations Modules Prices valid through December 31, 2022 Page 2 of 2 Acknowledgment If you require a separate invoice , complete this form and return it by email or fax; AssetWorks will issue an invoice as you instruct below. If your organization requires us to reference a purchase order number on our invoice, we must receive that PO by email to Kimberly.Hamiter@AssetWorks.com or by fax to (858) 452-0478. Do not mall POs to our remittance address. Terms This maintenance renewal is issued pursuant to the terms of the current AssetWorks contract with your organization. The parties will continue to be bound by those terms during any renewal period unless otherwise agreed by both parties through a signed amendment. Notification of termination of maintenance is required 90 days prior to annual renewal date. SOLE SOURCE FleetFocus is proprietary property of AssetWorks LLC and protected by law. Another party cannot alter, modify, change, manipulate or provide maintenance for this product without infringing upon AssetWorks' ownership rights. Accordingly, AssetWorks is the sole source for software, maintenance and services of its products. I, the undersigned, accept this maintenance renewal as described above. Name: Title: Signature: Date: [ ] PO REQUIRED: # [ ] NO PO REQUIRED [ ] WILL PAY BY QUOTE - NO SEPARATE INVOICE NEEDED [ ] Please MAIL invoice to: [ ] Please E-MAIL invoice to: -> If you have any questions, please contact Kimberly Hamiter at (858) 866-9022 or Kimberly.Hamiter@AssetWorks.com. Thank Youl f Y:\Corpus Christi (M5, FL, HSTI1Maintenance & Hosting Renewals\Corpus Christi M5 FL Maim Renewal Jan 2018_5yr Confidential Information Hosting Services Agreement Between AssetWorks LLC And Customer (5 Year Term) Hosting Services Agreement Page 1 of 13 Hosting Services Agreement This Application Hosting Services Agreement ("Agreement") is effective as of January 1, 2018 ("Effective Date"), by and between AssetWorks LLC ("AssetWorks"), a Delaware limited liability corporation with offices located at 998 Old Eagle School Road, Wayne, Pennsylvania, 19087 and the City of Corpus Christi ("Customer"), with offices located at PO Box 9277 Corpus Christi, TX 78469-9277. Intending to be legally bound, the parties hereby mutually agree to the following terms and conditions: 1. AGREEMENT OVERVIEW AssetWorks operates a Data Center ("Data Center"), located at 998 Old Eagle School Rd., Wayne, PA 19087, and provides associated services to support customers that wish to outsource the operation and maintenance of computer applications listed in the Scope of Services as referenced in Attachment 2. This Agreement describes the services to be provided by AssetWorks ("Hosting Services") the respective responsibilities of the parties, the service level objectives ("SLOs"), and the problem management process. This Agreement incorporates the following Attachments that shall be considered an integral part of this Agreement: • Attachment 1 Service Level Agreement • Attachment 2 Scope of Services • Attachment 3 Fee Schedule 2. SERVICES AssetWorks will perform the services ("Services") as described in the Scope of Services, set forth in Attachment 2. The general scope of services addressed by this Agreement includes the operation, maintenance, and support of the: • Database software for the Applications hosted under this Agreement • Database security • Data Center server operation The scope of services specifically excludes operation and maintenance of the following: • Customer hardware, including Customer's servers, printers, network hardware (including routers and switches) and other Customer site computing equipment; • Customer application software other than noted in the Scope of Services; • Customer Local Area Networks ("LAN"); and • Customer network infrastructure for connecting to the Internet and to the AssetWorks Data Center The Services shall be provided subject to the Terms and Conditions, which follow. 3. TERM The Term of the Agreement shall commence as of the Effective Date and shall continue for five (5) years ("Initial Term") unless terminated earlier as set forth below. At the end of the Initial Term Customer will have the option to renew the Agreement for two (2) additional terms of one year. In the event Customer wishes to exercise its option they shall provide written notice of the intent to renew at least sixty (60) days prior to the end of the then current term. Hosting Services Agreement Page 2 of 13 4. FEES AND PAYMENT Customer shall pay AssetWorks the applicable fees as set forth in the Fee Schedule, Attachment 3. All fees are non-refundable. AssetWorks shall invoice Customer annually, in advance, and all invoiced fees shall be due and payable within 30 days of the date of an invoice. Annual invoices shall include charges defined in Attachment 3. All payments shall be made in United States Dollars without deduction for any taxes or withholding or other offset. The preferred means of payment is by electronic funds transfer (EFT). EFT payments can be accomplished as either a Funds Transfer (Fed Wire) or Direct Deposit (ACH). Remit By EFT / ACH / DD / Wire: Wells Fargo ABA Routing No. 122105278 Account No. 5076434348 Swift Address WFBIUS6S Remit By Check: AssetWorks PO Box 202525 Dallas TX 75320-2525 Any amounts not paid when due will be subject to interest accrued at twelve percent (12%) per annum compounded quarterly, which interest will be immediately due and payable from the due date for payment until the date of actual receipt of the amount in cleared funds by AssetWorks. Interest payments that are accrued during billing disputes should be credited back to the Customer if said dispute is found to be through no fault of the Customer. A Customer will be considered delinquent if payment in full is not received forty-five (45) days from the date of the invoice. AssetWorks reserves the right to suspend or terminate this Agreement and Customer access to the Service if the Customer account becomes delinquent and is not cured within ten (10) days. Customer will continue to be charged and hereby agrees to pay for Service during any period of suspension. Customer's failure to pay any invoice after this ten (10) day period shall constitute a material default hereunder and shall entitle AssetWorks to exercise any and all rights and remedies provided herein or at law including suspension of Services under the Agreement. If Customer or AssetWorks initiate termination under any provision of the Agreement, Customer will be obligated to pay the balance due on their account computed in accordance with the Fee Schedule in Attachment 3. Customer agrees that they may be billed for such unpaid fees. In the event of a dispute between the parties that does not result in a termination of the Agreement, Customer agrees to make all Annual Service Fee payments due under the Agreement pending the resolution of the dispute. Upon termination for whatever reason and regardless of the nature of the default (if any), Customer agrees to pay AssetWorks in full for Services provided to Customer under this Agreement within 30 days of the invoice date. 5. CUSTOMER RESPONSIBILITIES The Customer is responsible for: • Assigning a primary and alternate Customer representative to coordinate all communications and activities related to AssetWorks services. Hosting Services Agreement Page 3 of 13 • Providing user identification data and determining the appropriate security profile for each user. Customer will control security at the Application level. • All printing. No print job will print at the Data Center and all physical printing requirements will be handled by the Customer. • The purchase and installation of printers at Customer's sites for the Application being utilized as defined in the Scope of Services. • Installation, operation and maintenance of all workstation software (and Customer's LAN, existing data communications configuration, hardware, or software required at the Customer's site) except as otherwise stipulated in the Scope of Services. AssetWorks network and network responsibility extends from the AssetWorks routers at AssetWorks' sites to all connected equipment at AssetWorks' sites. • Testing updates and fixes applied by AssetWorks to Applications used by Customer. With the exception of emergency fixes, Customer will test updates and fixes prior to their introduction to the Production environment within a mutually agreed upon time frame. • Testing upgrades. Upgrades will be moved to production by the AssetWorks at the end of the Customer testing period unless specific problems are documented in writing to AssetWorks. • Diligent analysis of suspected problems to determine their specific nature and possible causes before calling the AssetWorks for assistance. Notwithstanding this diligence requirement, Customer is responsible for informing AssetWorks of any problems encountered in a timely manner. 6. OWNERSHIP OF DATA Customer shall not obtain any ownership rights, title or interest in the software, hardware or systems developed or employed by AssetWorks in providing Services under the Agreement. AssetWorks shall not obtain any ownership rights, title or interest to Customer's data files. Upon expiration or termination of the Agreement for any reason, AssetWorks agrees to provide Customer with a copy of Customer's data files, as they exist at the date of expiration or termination. 7. WARRANTY DISCLAIMERILIMITATION OF LIABILITY Except as expressly set forth herein, provider disclaims all warranties relating to the services or deliverables provided hereunder, including but not limited to any warranty of fitness for a particular purpose or merchantability. Provider shall not be liable for any punitive, indirect, incidental, special or consequential damages, including but not limited to lost data or lost revenues or profits, however arising, even if provider has been advised of the possibility of such damages. AssetWorks' liability for any and all damages (including attorneys' fees) under this Agreement (whether in contract or tort) shall in no event exceed fees paid to provider during the previous 12 -month period. The parties acknowledge and agree to the foregoing liability risk allocation. Any claim by Customer against AssetWorks relating to this agreement must be made in writing and presented to AssetWorks within six (6) months after the date on which this Agreement expires or is otherwise terminated. 8. TERMINATION A. A Default shall occur if: (1) a party fails to perform any of its material obligations under the Agreement and such failure remains uncured for 30 days after receipt of written notice thereof; or (2) a party ceases to conduct business, becomes or is declared insolvent or bankrupt, is the subject of any proceeding relating to its liquidation or insolvency which is not dismissed within 90 days or makes an assignment for the benefit of creditors. If Default occurs, the non -defaulting party, in addition to any other rights available to it under law or equity, may withhold its performance hereunder or may terminate the Agreement by written notice to the defaulting party. Unless otherwise provided in the Agreement, remedies shall be cumulative and there shall be no obligation to exercise a particular remedy. B. FOR NON -APPROPRIATION OF FUNDS Hosting Services Agreement Page 4 of 13 Customer may terminate this agreement at any time upon thirty (30) days written notice for non -appropriation of Customer funds for this Agreement during the Customer's annual budget process. In the event of termination by the Customer due to non -appropriation of funds, the Customer shall only be responsible for payment of the annual fees through the end of the fiscal year for which funds were appropriated by the Customer for this Agreement. 9. GOVERNING LAW; VENUE The Agreement shall be governed and construed in accordance with the laws of the State of Texas without regard to choice of law principles. Subject to Section 20 below, the parties agree that the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and U.S. Federal courts in the Nueces County, Texas. Both parties consent to the jurisdiction of such courts and waive any objections regarding venue in such courts. 10. ASSIGNMENT Neither the Agreement nor any duties or obligations hereunder shall be assigned or transferred by Customer without the prior written approval of AssetWorks, which approval may be withheld in the reasonable judgment of the AssetWorks. Customer agrees that AssetWorks may assign its obligations to a third party subject to Customer's written approval of such change, but AssetWorks shall remain responsible for performance under the Agreement. All fees will remain intact as outlined in Attachment 3. 11. SEVERABILITY If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner. 12. ENTIRE AGREEMENT The Agreement and any schedules and exhibits thereto contain the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous proposals, discussions, agreements, understandings, commitments, representations of any kind, whether oral or written, relating to the subject matter hereof or the Services to be provided hereunder. 13. FORCE MAJEURE Neither party shall be liable for any failure of or delay in performance of its obligations (except for payment obligations) under this Agreement to the extent such failure or delay is due to acts of God, acts of a public enemy, fires, floods, power outages, wars, civil disturbances, sabotage, terrorism, accidents, insurrections, blockades, embargoes, storms, explosions, labor disputes (whether or not the employees' demands are reasonable and/or within the party's power to satisfy), failure of common carriers, Internet Service Providers, or other communication devices, acts of cyber criminals, terrorists or other criminals, acts of any governmental body (whether civil or military, foreign or domestic), failure or delay of third parties or governmental bodies from whom a party is obtaining or must obtain approvals, authorizations, licenses, franchises or permits, inability to obtain labor, materials, power, equipment, or transportation, or other circumstances beyond its reasonable control (collectively referred to herein as "Force Majeure Occurrences"). Any such delays shall not be a breach of or failure to perform this Agreement or any part thereof and the date on which the obligations hereunder are due to be fulfilled shall be extended for a period equal to the time lost as a result of such delays. Neither party shall be liable to the other for any liability claims, damages or other loss caused by or resulting from a Force Majeure Occurrence. 14. WAIVER No provision of the Agreement may be waived unless in writing, signed by both of the parties hereto. Waiver of default of any provision of the Agreement shall not operate or be construed as a waiver of any subsequent default of such provision, nor shall a waiver of any one provision of the Agreement be deemed to be a waiver of any other provision. Hosting Services Agreement Page 5 of 13 15. AMENDMENTS, SUPPLEMENTS The Agreement may be amended or supplemented only by the mutual written consent of the parties' authorized representative(s). 16. BINDING EFFECT, BENEFITS The Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Notwithstanding anything contained in the Agreement to the contrary, nothing in the Agreement, expressed or implied, is intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of the Agreement. 17. NOTICES All notices under the Agreement will be in writing and will be delivered by personal service, certified mail, postage prepaid, or overnight courier to such address as may be designated from time to time by the relevant party, which initially shall be the addresses set forth on the signature page to the Agreement. Any notice sent by certified mail will be deemed to have been given five (5) days after the date on which it is mailed. 18. HEADINGS The Section headings in the Agreement are inserted only as a matter of convenience, and in no way define, limit, or extend or interpret the scope of the Agreement or of any particular Article or Section. 19. AUTHORIZATION Each of the parties represents and warrants that the Agreement is a valid and binding obligation enforceable against it and that the representative executing the Agreement is duly authorized and empowered to sign the Agreement. 20. DISPUTE RESOLUTION The parties will seek a fair and prompt negotiated resolution within ten (10) days of the initial notice of the dispute (Dispute). If the dispute has not been resolved after such time, the parties will escalate the issue to more senior levels. If the parties are unable to resolve any dispute at the senior management level, then either party may pursue any legal remedy. 21. RELATIONSHIP OF PARTIES The relationship of the parties shall at all times be one of independent contractors. Nothing contained herein shall be construed as creating any agency, partnership or other form of joint enterprise between the parties. 22. CONFLICTING PROVISIONS This Agreement and all of the exhibits, schedules, and documents attached hereto are intended to be read and construed in harmony with each other, but in the event any provision in any attachment conflicts with any provision of this Agreement, then this Agreement shall be deemed to control, and such conflicting provision to the extent it conflicts shall be deemed removed and replaced with the governing provision herein. 23. COUNTERPARTS The Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 24. COUNSEL By execution of this Agreement, each of the Parties acknowledges and agrees that it has had an opportunity to consult with legal counsel and that it knowingly and voluntarily waives any right to a trial by jury of any dispute pertaining to or relating in any way to the transactions contemplated by Hosting Services Agreement Page 6 of 13 the Agreement, the provisions of any federal, state or local law, regulation or ordinance notwithstanding. 25. VERIFICATION REGARDING ISRAEL In accordance with Chapter 2270, Texas Government Code, the CUSTOMER 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 AssetWorks verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement 26. DISCLOSURE OF INTERESTS FORM. AssetWorks will complete the submit a completed Disclosure of Interests form. 27. INSURANCE. AssetWorks will provide insurance in accordance with the attached Attachment 4 — Insurance Requirements. 28. SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement through their duly authorized representative(s). CUSTOMER By: Name: Title: Date; Address: Hosting Services Agreement Page 7 of 13 AssetWor 5LLCC `2. 1.;1'1.,(,' By: Name: Gordon Smith Title: Portfolio Manager Date: 10/29/2018 Address: 998 Old Eagle School Road Suite 1215 Wayne, PA 19087 Attachment 1 - Service Level Agreement This Service Level Agreement ("SLA") is intended to provide an understanding of the level of service to be delivered by the AssetWorks for the Services specified in Attachment 2. The service levels set forth below apply to the Services provided by AssetWorks under the Agreement. AVAILABILITY AssetWorks will use commercially reasonable efforts to provide Services with an average of 95% Availability (as such term is hereinafter defined) for each quarter during the Term. For purposes of the Agreement, "Availability" during any quarter refers to an Authorized User's ability to log into the Application during such quarter, and will be calculated in accordance with the following formula: x=(y-z)/y"100 Where, • "x" is the Availability of the Application during the quarter; • "y" is the total number of hours in such quarter minus the number of hours during such quarter that the Customer is unable to log into the Application because of (a) regularly scheduled maintenance windows for the Application and for times in which Customer has been notified in writing (including e-mail) by AssetWorks in advance thereof; (b) a Force Majeure Event; (c) non-performance of hardware, software, ISP connections, and other equipment that is not provided by AssetWorks or certified by AssetWorks for use in conjunction with the Services (except as such non-performance is directly or indirectly caused by AssetWorks). • "z" is the number of hours in such month during which the Customer is unable to log into the Application (other than for reasons set forth in the definition of "y" above); provided that AssetWorks has been notified or is otherwise aware (or reasonably should be aware) of Customer's inability to utilize the Application. FEE ADJUSTMENT In the event that AssetWorks does not meet the Availability levels set forth below, the amount of fees payable by Customer will be reduced as follows: In the event the average Availability for the Application is less than ninety five percent (95%) during any two consecutive quarters, Customer will receive a credit to its account with AssetWorks of five percent (5%) of the amount of a quarter's aggregate AssetWorks Hosting Services fees paid or payable by Customer to AssetWorks. AssetWorks' obligation to provide Customer with fee adjustments as set forth above is conditioned on Customer providing detailed written notice to AssetWorks of its contention that AssetWorks was unable to meet the applicable Availability levels. Upon receipt of such notice, AssetWorks shall have thirty (30) calendar days to investigate the contention. If, at the end of the thirty (30) calendar day period it is determined that AssetWorks did in fact fail to meet the applicable Availability levels, Customer will receive the appropriate credit to its account during the next invoice cycle. The remedies set forth in this Section of this Attachment shall be Customer's sole remedy and AssetWorks' entire liability in the event of a failure of any Availability measurements to meet the thresholds set forth above. Hosting Services Agreement Page 8 of 13 Attachment 2 - Scope of Services All of the services, functions, processes, and activities described below will be collectively described as the "Services" for purposes of this Agreement. All Services will be provided by AssetWorks to and for the Customer's benefit in a manner that will meet the objectives outlined in Attachment 1. Application Application refers to the Customer's licensed AssetWorks software, and 3rd Party Software hosted by AssetWorks. Support Software Support Software includes the operating system, utilities, database software, and all necessary licenses required to operate the Application. Hardware Server infrastructure using redundant web servers and Oracle RAC database servers is deployed within the primary Data Center located in Wayne, PA, to maximize uptime. If required by Customer, Customer shall provide the telecommunications equipment (including the routers to be installed at the Data Center), communication line, and services for connection from Customer's site to the Data Center. Database Instances AssetWorks will maintain a single Production Database instance. This Production Database will provide the daily, real-time transaction data to the Application users. In addition to the Production Database, AssetWorks will maintain one additional, non -production Database (Test). Upon request by Customer, AssetWorks will populate these additional Databases with Customer's Production data up to 4 times in any 12 month period at no additional cost. For an additional charge as defined in Attachment 3, AssetWorks will furnish an Ad-hoc Reporting Database for use with the Customer developed ad-hoc reports. This Database will be updated from the production database every night and will allow the Customer direct access to its data for purposes of ad-hoc reporting. Custom Reports For an additional charge as defined in Attachment 3, AssetWorks will certify a Customer built Ad- hoc Report for scheduling execution from within the Application directly against the production database, certifying that the Report performs within appropriate performance guidelines and does not cause unacceptable response time issues. Once certified, AssetWorks will install the Report into Customer's production environment to make it available for execution submission from within the Application. Backups Backups are taken on a nightly and monthly basis. Monthly backup tapes are rotated to the offsite storage facility and maintained for 12 months before recycling. Database backups are taken each night using Oracle RMAN at a time determined by AssetWorks. File system backups are taken using Tivoli Storage Manager and are taken following the Oracle RMAN backup as part of a scheduled process. For an additional fee, AssetWorks will schedule other 'Critical Points' for back-up, as defined and required by the Customer (e.g., month-end, year-end and before upgrades.). The Customer retains the right to have copies of back-up tapes mailed to the Customer's site on a schedule determined by AssetWorks. Hours of System Operations The Application will be accessible and available to the Customer and capable of any and all normal operating functions 24 hours a day, seven days a week except for periods of Scheduled Maintenance and previously approved outages. AssetWorks will not be held responsible for Hosting Services Agreement Page 9 of 13 inaccessibility arising from communications problems occurring anywhere beyond the AssetWorks side of the router resident at the Data Center, nor will these hours of unavailability be counted as unavailable. Maintenance AssetWorks will complete routine maintenance on the Application according to the published schedule. AssetWorks will publish schedules for subsequent years on its Customer Support web site. AssetWorks will provide at least 30 days notice to any changes in the schedule. If AssetWorks is required to perform additional maintenance outside of the Scheduled Maintenance window, it will notify the Customer in writing of its request. The Customer and the AssetWorks will mutually agree on the downtime, which will then be considered a period of Scheduled Maintenance. Hosting Services Agreement Page 10 of 13 Attachment 3 — Fee Schedule This section provides the fees payable to AssetWorks. Start -Up Fee, Hosting The Hosting Set -Up fees are as follows for a 5 -Year contract: FleetFocus Online Application Setup and Configuration Service Fees Structure AssetWorks will invoice Customer in advance on an annual basis. The annual service fees will begin on the Effective Date of this Agreement. These fees are based on a maximum number of Active Equipment Units which are units with a status of "A, I & D". On the last business day of the calendar year, AssetWorks will report the number of units on the system. The annual fee will be $39060.00 per year for the first year of the term. The annual service fees, minimum or otherwise, will begin on the Effective Date of this Agreement. The basis for the above rate will be 2000 active equipment units. Active equipment units over and above 2000 will be billed at a rate of $18.90 per vehicle per year. Start -Up Fee, Ad-hoc Reporting Database The Ad-hoc Reporting Database setup fees are as follows for a 5 -Year contract: FleetFocus Info Center Reporting Database Configuration Fee Adjustments For additional Customer database instances requested beyond the existing Production and Test instances, a one-time fee will be charged for creation and a per year fee will be charged as long as the instance exists at the Data Center. Additional Database Creation Fee Annual Service Fee for Additional Database Annual Service Fee for Ad-hoc Reporting Database Professional Services Fees Work requested by Customer beyond that described in Attachment 2, will be charged at the following rates. Before any work is done which would incur charges billed as Professional Services Fees, the AssetWorks will supply a proposal describing the work and providing an estimate of hours, cost, and completion date. Customer approval will be required before work can begin. Project Management, per hour Training and Subject Matter Expert Consulting, per hour Development, per hour Service Termination Fee If Customer terminates this Agreement other than pursuant to Section 8, "Termination for Default," of the Agreement, a Service Termination Fee equal to 100% of the current Monthly Annual Service Fees will be billed monthly yearly until the end of the then current Term of this Agreement. Hosting Services Agreement Page 11 of 13 Travel Expenses In addition to the fees set forth above, Customer shall reimburse AssetWorks for air fare, meals, ground transportation, and other reasonable travel and living expenses incurred by AssetWorks in support of the Agreement during provision of support services at the Customer site. AssetWorks will adhere to the Customer's Travel Polices to the extent possible. Adjustment of Fees The fees set forth above shall remain in effect during the first year of the Agreement beginning on the Effective Date. Thereafter, AssetWorks shall have the right to adjust its fees upon 60 days prior written notice to Customer. AssetWorks shall not adjust its fees more often than once per year. Fee Table Annual Appllcanon H09111111 lot period 1'1'2010 - 12/310018 FieeiFocus M5 nostux3 for up to 2 000 egmpntenl unu4 S 31,500 00 Reneging database 5 6.300. D0 FuelFocus nesting, I ICI) 8 630.00 Includes product updates and en/taniel0enis unbnvled email and telephone support for 12 mourns Aumrti! Aitn.Rs t1141t HoSting 161 nealssl 11,29 1Lt - T 4u10 Same configuration as above Annual Application Hosting to, period P11020 - 12r31(2020 Sante configuration as above hitting Dentist tr 11021 - 12/3172021 Same configuration as above Annual AppltCatlon Hos0110 to, petted 1/1/2022 1213112022 Same configuration as above REMIT TO: CHECKS AssetWorks PO Box 202525 Dallas TX 75320-2525 EFL ACH. OR DIRECT DEPOSIT Wells Fargo, 8601 N. Scottsdale Rd , Scottsdale AZ 85253 Canada t3ST/14ST # 534113696 RT0001 ABA # 122105278 Account # 5076434348 F Total, 2018 Animal Hosting $ 38,430.00 Total, 2019 Annual Hosting $ 40,351.50 Total, 2020 Annual Hosting $ 42,369.08 Total, 2021 Animal Hosting S 44,487.54 Total, 2022 Annual Hosting S 46,711.91 e: us iii AlI to - l . X li l Ii, If ' d 4 TX Sales Tax: 0 0000% 5 -Year Budgetary Total, S US S 212,350.02 US Tax /O # 90-0356175 Hosting Services Agreement Page 12 of 13 Attachment 4 — Insurance Requirements Hosting Services Agreement Page 13 of 13 EXHIBIT INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE, A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Fleet Services, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation 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 $1,000,000 Aggregate PROFESSIONAL LIABILITY (Errors & Omissions) $1,000,000 Per Claim AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any cancellation. Contractor will provide thirty (30) calendar days advance written notice of any suspension, non -renewal, or material change in coverage, and will inform the City in writing within in ten (10) days of any lapse in coverage for any other reason. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance 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 agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2018 Insurance Requirements Fleet Services Fleet Maintenance M5 Management Software - Hosting Agreement 05/11/2018 sw Risk Management Agreement No.CC01012018 PROFESSIONAL SERVICES AGREEMENT FOR AND IN CONSIDERATION of the mutual benefits accruing and expected to accrue hereunder, this Professional Services Agreement ("Agreement") is made as of the _ _ _ day of 2018 ("Effective Date") by and between AssetWorks, with offices at 998 Old Eagle School Road, Suite 1215, Wayne, PA 19087 ("AssetWorks"), and the City of Corpus Christi, with offices at PO Box 9722 Corpus Christi, TX. 78469-9277 ("CUSTOMER"). Intending to be legally bound, the parties hereby mutually agree to the following terms and conditions: A. DACKGROUND 1. The CUSTOMER may contract with AssetWorks for professional services ("Services") including, without limitation, custom software development, consulting, education, installation, data conversion, training, and software modifications. 2. The CUSTOMER will request the Services and AssetWorks will set forth the Services to be delivered in a quote document ("Order Form")that references the terms of this Agreement. 3. The Order Form may be accompanied by a statement of work but it is not required. 4. The purpose of this Agreement is to set forth the terms and conditions upon which AssetWorks will provide the Services for CUSTOMER in accordance with Order Form that may be added by the parties in the future. B. RESPONSIBILITIES OF THE PARTIES FOR ENGAGEMENTS 1. No Order Form shall be of any force and effect unless and until executed by both AssetWorks and CUSTOMER. 2. Services will either be on a Time and Material basis or a Fixed Price basis, specified in the Order Form. The Order Form or associated statement of work may or may not include a definitive list of "Deliverables" that must be completed by AssetWorks. In some instances, the Attachment will include a date by which "Deliverables" must be completed. 3. In the event that Services result in greater AssetWorks duties than contemplated by the Order Form, CUSTOMER will work closely and in good faith with AssetWorks to modify the Order Form to ensure that the CUSTOMER's requirements are addressed and AssetWorks' fees shall be adjusted to reflect increased CUSTOMER requirements. 4. Unless specifically addressed in the Order Form, all travel and expenses incurred will be extra and billed at the time of incurrence. C. jtEPRESENTATIONS AND WARRANTIES 1. AssetWorks covenants and warrants that it will perform all Services with due diligence, in a professional and careful manner, and in compliance with all applicable laws and governmental regulations. AssetWorks Professional Services Agreement Page 1 2. AssetWorks represents and warrants that the Services provided will not infringe any patent, trademark, trade secret, copyright or other intellectual property right of anyone. 3. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH HEREIN, AssetWorks DISCLAIMS ALL WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, and the stated express warranties are in lieu of all obligations or liabilities on the part of AssetWorks arising out of or in connection with the performance of the Services to be provided herein. D. RELATIONSHIP OF THE PARTU, 1 The parties are independent contractors and under no circumstances will either be deemed to be an agent, partner, legal representative, employee or joint venture partner of the other party. E. SUBCONTRACTORS AssetWorks may engage subcontractors to assist in performing Services without the prior written consent of CUSTOMER; provided, AssetWorks shall supervise such sub -contractors and the Services performed by them to the same extent as if AssetWorks performed the work. F. INTELLECTUAL PROPERTY RIGHT;, 1. SOFTWARE FIRST DEVELOPED Unless otherwise provided in an Order Form or associated statement of work AssetWorks grants to the CUSTOMER the same rights, and CUSTOMER undertakes the same obligations with respect thereto, any new software and/or documentation first developed by AssetWorks under this Agreement that the CUSTOMER received pursuant to the Software License Agreement in effect between the parties. 2. AssetWorks EXISTING SOFTWARE AssetWorks retains title to and ownership of all software and enhancements or modifications thereto, and/or documentation furnished to the CUSTOMER under this Agreement to which it had title to or ownership of prior to the commencement of this Agreement. G. CONFIDENTIAL INFORMATION 1. Because either party may have access to information of the other party that the other party considers to be confidential or proprietary ("Confidential Information"), each party will maintain all Confidential Information in confidence and will use it solely in the discharge of its obligations under this Agreement and any applicable Order Form. Nothing herein will be deemed to restrict a party from disclosing Confidential Information to its employees and subcontractors in the discharge of such obligations. 2. Confidential Information will not include information that (i) is, or becomes, generally known or available through no fault of the, recipient; (ii) is known to the recipient at the time of its receipt from the disclosing party; (iii) the disclosing party provides to a third party without restrictions on disclosure; (iv) is subsequently and rightfully provided to the recipient by a third party without restriction on disclosure; (v) is independently developed by the recipient, without reference to the AssetWorks Professional Services Agreement Page 2 disclosing party's Confidential Information; or (vi) is required to be disclosed pursuant to a governmental agency or court subpoena, provided the recipient promptly notifies the disclosing party of such subpoena to allow it reasonable time to seek a protective order or other appropriate relief. 3. Because of the unique nature of the Confidential Information, each party agrees that the disclosing party may suffer irreparable harm in the event the recipient fails to comply with its obligations under this Section G, and that monetary damages may be inadequate to compensate the disclosing party for such breach. Accordingly, the recipient agrees that the disclosing party may, in addition to any other remedies available to it, be entitled to injunctive relief. 4. AssetWorks understands that CUSTOMER is a Texas governmental entity subject to the Texas Public Information Act (Chapter 552 of the Texas Government Code). Should CUSTOMER receive a valid public information request for AssetWorks' confidential information, CUSTOMER will inform AssetWorks of such request and AssetWorks' ability to argue the confidentiality of the information and send the information to the Texas Attorney General in accordance with the Act. Compliance with the Texas Public Information Act shall not be considered a violation of this Agreement. H. NON -SOLICITATION During the term of this Agreement, and for one year thereafter, neither party will solicit the employment of, or contract for the services of, any person who is/was an employee, agent, or subcontractor of the other party during the term of this Agreement. I. PAYMENT 1. AssetWorks will be paid for the Services at the rate stated in the Order Form. 2. AssetWorks will issue monthly invoices to CUSTOMER for Services fees and expenses due unless otherwise provided for in a particular Order Form. CUSTOMER will pay AssetWorks' invoices pursuant to the terms of the Order Form or within thirty (30) days of receipt if not specified in the Order Form. 3. AssetWorks reserves the right to apply a late payment charge of 1.5% per month to amounts outstanding more than thirty (30) days after the date of the invoice. J. TERM OF AGREEMENT 1. This Agreement will commence as of the Effective Date and expires on December 31, 2022, unless earlier terminated pursuant to the terms hereof. CUSTOMER may terminate this Agreement or Order Form if AssetWorks defaults in any of its obligations under such Order Form and AssetWorks is provided with thirty (30) calendar days written notice of such default; provided, there shall be no default and no termination if the breach is cured within the notice period or, if the breach cannot reasonably be so cured, diligent efforts to effect such cure are commenced during that period and are continued until the cure is completed, which shall be within a reasonable time. In the event the default is not cured or diligent efforts to effect a cure are not underway, the Order Form at issue shall terminate, but the Agreement as to any remaining Order Forms shall remain in full force and effect. Once the remaining Order AssetWorks Professional Services Agreement Page 3 Forms are completed, the Agreement, in its entirety, shall terminate. If the CUSTOMER chooses to terminate the Agreement due to default, no new Order Forms may be issued. 3. Either party shall have the right to terminate this Agreement if the other party is in default of any obligation hereunder and the defaulting party is provided with thirty (30) calendar days written notice of such default; provided, there shall be no default and no termination if the breach is cured within the notice period or, if the breach cannot reasonably be so cured, diligent efforts to effect such cure are commenced during that period and are continued until the cure is completed, which shall be within a reasonable time. K. EFFECT OF TERMINATION 1. In the event of the termination of this Agreement under Section J, CUSTOMER shall be liable to AssetWorks for an amount equal to the value of the Services completed up to the effective date of termination. If this Agreement is/are terminated, AssetWorks will, within thirty (30) days after such termination, submit final invoices for Services provided through the effective date of such termination, and CUSTOMER will promptly pay AssetWorks' invoices. L. INDEMNITIES 1. AssetWorks will defend, indemnify and hold harmless CUSTOMER from and against all claims, liabilities, damages and costs, including attorney fees and other legal expenses ("Claims'), relating to any actual or alleged infringement by any Services of any patent, copyright, trade secret or other intellectual property right or proprietary right of anyone; provided such defense and payments are conditioned on the following: (1) that AssetWorks shall be promptly notified in writing by CUSTOMER following its receipt of any such claim; and (2) CUSTOMER cooperates, as necessary, during the information gathering and defense. M. INSURANCE 1. At CUSTOMER'S request, AssetWorks will provide CUSTOMER with current certificates of insurance evidencing that AssetWorks has coverage with the limits listed below. COVERAGE Commercial General Liability Commercial Auto Liability (Inc! "non -owned" vehicle coverage) WORKERS' COMP Employer's Liability Commercial Crime N. U)NUTATION OF LIABILITY MINIMUM LIMITS $1,000,000/occurrence; $2,000,000 aggregate $1,000,000 combined single limit STATUTORY LIMITS $500,000 $1,000,000 1. In the event of any claim brought by one party against another hereunder, a party AssetWorks Professional Services Agreement Page 4 will be liable only for actual, direct losses or damages incurred, limited to the amount of fees for which AssetWorks contracted under the Order Form that is the subject of the claim provided, the claiming party shall be obliged to take reasonable steps to mitigate its losses or damages. 2. Irrespective of the basis of the claim, neither party will be liable for any special, punitive, exemplary, indirect, incidental or consequential damages of any kind, including, without limitation, lost profits or loss of data, even if it has been advised of the possibility of such damages. O. GENERAL TERMS 1. Neither AssetWorks nor CUSTOMER will assign or transfer its interest in this Agreement or any Order Form without the prior written consent of the other party. 2. All provisions of this Agreement, which by their nature should survive termination of this Agreement, will so survive. No delay or failure by either party to exercise any right hereunder, or to enforce any provision of this Agreement will be considered a waiver thereof. No single waiver will constitute a continuing or subsequent waiver. To be valid, a waiver must be in writing, but need not be supported by consideration. 4. If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, such provision will be modified to the minimum extent necessary to make it legal, valid and enforceable, and the remaining provisions of this Agreement will not be affected. 5. This Agreement, including its interpretation and enforcement, will be governed by the substantive laws of the State of Texas excluding its conflict of laws rules. 6. Any communication or notice hereunder must be in writing, and will be deemed given and effective: (i) when delivered personally with proof of receipt; (ii) when sent by e-mail; (iii) when delivered by overnight express; or (iv) three (3) days after the postmark date when mailed by certified or registered mail, postage prepaid, return receipt requested and addressed to a party at its address for notices. Each party's address for notices is stated below. Such address may be changed by a notice delivered to the other party in accordance with the provisions of this Section. AssetWorks LLC 998 Old Eagle School Rd. - Suite 1215 Wayne, PA 19087 Attn.: John Hines Copy to: Director of Contracts AssetWorks LLC 998 Old Eagle School Rd. - Suite 1215 Wayne, PA 19087 Attn: Sandra McFarland CUSTOMER: Attn.: Copy to: Attn: 7. In the event of any dispute arising in the performance of this Agreement or any Order Form, AssetWorks and the CUSTOMER will seek to resolve such dispute through good faith, amicable discussions and negotiations. Any specific agreed upon problem escalation procedure will be stated in the related Attachment. In the AssetWorks Professional Services Agreement Page 5 event of a conflict between the terms of an Order Form and this Agreement, the Order Form shall control unless otherwise provided in the Order Form. In any action at law or in equity to enforce or interpret the terms of this Agreement, the prevailing party will be entitled to recover its reasonable attorneys' fees and costs, in addition to any other relief ordered by the court. Such fees and costs will include those incurred in connection with the enforcement of any resulting judgment or order, and any post judgment order will provide for the right to receive such attorneys' fees and costs. 8. Neither party will be liable for any failure to perform or any delay in performing any of its obligations hereunder when such failure or delay is due to circumstances beyond its reasonable control and without its fault (Force Majeure), including without limitation, any natural catastrophe, fire, war, riot, strike, or any general shortage or unavailability of materials, components or transportation facilities, or any governmental action or inaction. Upon the occurrence of such event of Force Majeure, the affected party will immediately give notice to the other party with relevant details, and will keep the other party informed of related developments. 9. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous oral, and all prior written, negotiations, commitments and understandings of the parties relating to the subject matter hereof. This Agreement may not be modified except by a writing executed by both parties. 10. The continuation of this Agreement after the close of any fiscal year of the CUSTOMER, 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 CUSTOMER'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. Lack of appropriation does not relieve CUSTOMER from its obligation to pay for services rendered prior to CUSTOMER providing written notice of lack of appropriations. 11. In accordance with Chapter 2270, Texas Government Code, the CUSTOMER 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 AssetWorks verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. AssetWorks Professional Services Agreement Page 6 IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have entered into this Agreement as of the Effective Date. AssetW rks LLC ` CUSTOMER By.. ; 747 G By: Gordon S ith Title: Portfolio Manager Date: 10/29/2018 Title: Date: AssetWorks Professional Services Agreement Page 7 Agreement No. SOFTWARE LICENSE AGREEMENT AND RELATED HARDWARE PURCHASE FOR AND IN CONSIDERATION of the mutual benefits accruing and expected to accrue hereunder, this Software License Agreement ("Agreement") is made as of the 1st day of January, 2018 ("Effective Date") by and between AssetWorks LLC a Delaware limited liability corporation with offices at 998 Old Eagle School Road, Suite 1215, Wayne, PA 19087 ("AssetWorks"), and the City of Corpus Christi, with offices at ("CUSTOMER"). Intending to be legally bound, the parties hereby mutually agree to the following terms and conditions: PURPOSE On or about December 10 2013, CUSTOMER was granted a perpetual license in proprietary software from AssetWorks Inc., a predecessor in interest to AssetWorks LLC. Since that time, AssetWorks and its predecessors in interest have provided CUSTOMER with revisions and upgrades to that software. The current version is listed on Schedule 1 ("Software"). B. AssetWorks LLC is the exclusive owner and distributor of the Software. C. CUSTOMER has paid all license fees for the Software and no additional amounts are due under this Agreement. CUSTOMER may elect to order additional modules or licenses, which would be subject to additional fees. D. The parties wish to restate the 2013 license agreement to update the licensor to AssetWorks LLC and affirm the current Software as listed on Schedule 1. Article I. HARDWARE PURCHASE AND SOFTWARE LICENSE A. Customer shall purchase the hardware listed on Schedule 1, if any. Title to the hardware shall pass upon shipment. B. AssetWorks grants to CUSTOMER a non-exclusive, perpetual (subject to Article V) non -transferable license for the number of users specified in Schedule 1 ("Users") to make use of the software specified in Schedule 1 (herein "Software") on the CUSTOMER's database servers and application servers ("Environment") Except as provided above, use of Software in excess of limits defined in Schedule 1 or other than on the Environment requires additional fees. CUSTOMER'S license is to use the Software in its own business; CUSTOMER has no right to use the Software in processing work for third parties. C. CUSTOMER shall have the right to use only one copy or image of the Software for production purposes to manage up to the number of Active Equipment Units identified in the Product Schedule (Schedule 1) and shall not copy or use the Software for any other purpose except (i) for archival purposes, (ii) in connection with a disaster recovery program, and (iii) for the purpose of testing the operation of the Software, provided such testing copy shall not be used in a live production environment. CUSTOMER may increase the number of authorized Active Equipment Units by executing a subsequent Product Schedule and paying in full the applicable fees. Upon signing the subsequent Product Schedule and paying in full the applicable fees, CUSTOMER shall have the right to monitor the revised number of Active Equipment Units as set forth in the subsequent Product Schedule. "Active Equipment Unit" shall mean any in service unit to which work orders, fuel tickets, or usage tickets are posted. Page 1 D. If any third party software is provided to CUSTOMER pursuant to this Agreement, such license shall be in accordance with terms set forth in Schedule 1. E. Source Code shall mean software in human -readable form, including all appropriate programmer's comments, data files and structures, header and include files, macros, make files, object libraries, programming tools not commercially available, technical specifications, flowcharts and logic diagrams, schematics, annotations and documentation reasonably required or necessary to enable a competent independent third party programmer to create, operate, maintain, modify and improve such software without the help of any other person, and with data files containing Source Code in standard ASCII format readable by a text editor. F. Except as expressly authorized under this Agreement, CUSTOMER shall not (i) sell, rent, lease, timeshare, encumber, license, sublicense, transfer or assign the Software or Documentation; (ii) attempt to decompile, disassemble or reverse engineer the Software in whole or in part, or otherwise attempt to derive the Source Code of the software. Article II. FEES AND PAYMENTS A. CUSTOMER shall pay AssetWorks the fees specified in Schedule 1. All fees are payable by CUSTOMER within thirty (30) days of receipt of invoice. Software is invoiced upon contract execution. Hardware is invoiced upon delivery. B. CUSTOMER shall be responsible for all taxes and charges assessed or imposed with respect to amounts payable hereunder, including, without limitation, state and local, occupation, sales, use or excise taxes paid or payable by AssetWorks, exclusive, however, of taxes imposed on AssetWorks' net income by the United States or any political subdivision thereof. C. AssetWorks reserves the right to apply a late payment charge of 1.5% per month to amounts outstanding more than thirty (30) days after the date of the invoice. Article III. NON -DISCLOSURE A. Subject to the other paragraphs in this Article III, CUSTOMER agrees that the Software shall be held in confidence by CUSTOMER and shall not be disclosed to others without the prior written consent of AssetWorks, which may be withheld by AssetWorks in its sole discretion. This obligation to hold confidential does not apply to any portion of the Software (1) developed by CUSTOMER and in CUSTOMER's possession prior to the receipt of same from AssetWorks; (2) which at the time of disclosure is part of the public domain through no act or failure to act by CUSTOMER; or (3) which is lawfully disclosed to CUSTOMER without restriction on further disclosure by another party who did not acquire same from AssetWorks. B. AssetWorks provides documentation for the Software electronically. The CUSTOMER may copy, in whole or in part, any such documentation relative to the Software for CUSTOMER's internal use consistent with this Agreement. C. Any Software provided by AssetWorks in machine-readable form may be copied by CUSTOMER for use with the designated servers to the extent necessary for archive or emergency restart purposes, to replace a worn copy, or to understand the contents of such machine-readable material. D. CUSTOMER's records with regard to use of the Software shall be made available to AssetWorks at all reasonable times at AssetWorks' request to audit CUSTOMER's compliance with this Agreement, and CUSTOMER shall certify to the truth and accuracy of such records. Page 2 E. AssetWorks understands that CUSTOMER is a Texas governmental entity subject to the Texas Public Information Act (Chapter 552 of the Texas Government Code). Should CUSTOMER receive a valid public information request for AssetWorks' confidential information, CUSTOMER will inform AssetWorks of such request and AssetWorks' ability to argue the confidentiality of the information and send the information to the Texas Attorney General in accordance with the Act. Compliance with the Texas Public Information Act shall not be considered a violation of this Agreement. Article IV. WARRANTIES AND LIMITATION OF LIABILITY A. Hardware purchased under this Agreement has a limited one year warranty. This limited hardware warranty covers defects in materials and workmanship in hardware products. The warranty does not cover external causes such as accident, abuse, misuse, or problems with electrical power, servicing not authorized by AssetWorks, usage that is not in accordance with product instructions, failure to follow the product instructions or failure to perform preventive maintenance and normal wear and tear. ASSETWORKS'S RESPONSIBILITY FOR DEFECTS IN HARDWARE IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AS SET FORTH IN THIS WARRANTY STATEMENT. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY STATED HEREIN FOR HARDWARE, ASSETWORKS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR NON -INFRINGEMENT. ASSETWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THIS LIMITED WARRANTY. B. AssetWorks represents that it has the right to license the Software to CUSTOMER as provided in Article I. AssetWorks further represents that the Software will conform to the description contained in the documentation provided or published by AssetWorks ("Documentation") but, except as provided in this Article IV, AssetWorks makes no other representations, warranty, or guarantees, express or implied, with respect to the accuracy, completeness, or usefulness of the Software, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In the event the Software fails to conform to the description contained in the Documentation, AssetWorks' sole obligation shall be to correct the errors. This limited warranty is lieu of all liabilities or obligations of AssetWorks for damages arising out of or in connection with the delivery, use or performance of the Software. C. AssetWorks will defend, at its own expense, any action brought against CUSTOMER to the extent that it is based on a claim that the Software supplied by AssetWorks infringes a United States patent or copyright, and AssetWorks will pay those costs and damages finally awarded against CUSTOMER in any such action that are attributable to any such claim; provided, such defense and payments are conditioned on the following: (1) that AssetWorks shall be promptly notified in writing by CUSTOMER following its receipt of any such claim; (2) thatCustomer cooperates, as necessary, during the information gathering and defense; (3) should the Software become, or in AssetWorks' opinion is likely to become, the subject of a claim of infringement of a United States patent or copyright, then CUSTOMER shall permit AssetWorks, at its option and expense, either to (A) procure for CUSTOMER a non -infringing license to use the Software; (B) modify the Software so that it becomes non - infringing; (C) procure for CUSTOMER a depreciated credit for the Software and accept its return. Depreciation shall be an equal amount per year over the lifetime of the Software, which the parties agree shall be five (5) years. AssetWorks shall have no liability to CUSTOMER under any provision of this clause with respect to any claim of patent or copyright infringement that is based on CUSTOMER's unauthorized use or combination of the Software with software or data not supplied by AssetWorks as part of the Software. D. CUSTOMER agrees that AssetWorks total liability to Customer for any and all damages whatsoever arising out of or in any way related to this Contract from any cause, including but not limited to negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not, in the aggregate, exceed fees paid to AssetWorks. Page 3 E. In no event shall AssetWorks be liable for special, indirect, incidental, economic, consequential or punitive damages, including but not limited to lost revenue, lost profits, replacement goods, loss of technology rights or services, loss of data, or interruption or loss of use of software or any portion thereof regardless of the legal theory under which such damages are sought even if AssetWorks has been advised of the likelihood of such damages, and notwithstanding any failure of essential purpose of any limited remedy. F. The warranty period for the Software shall extend for a period of 90 days from the date of delivery of the Software but in no event later than one year from the date of execution of this Agreement. During the warranty period, in the event that the CUSTOMER encounters an error and/or malfunction whereby the Software does not conform to the description in the Documentation, AssetWorks will respond as follows: 1. In the event that, in the mutual and reasonable opinion of AssetWorks and the CUSTOMER, there exists an error or nonconformance to the Documentation, AssetWorks will take such steps as are reasonably required to correct the error with due dispatch. 2. In the event that, in the mutual and reasonable opinion of AssetWorks and the CUSTOMER, the error or nonconformance to the Documentation does not constitute a serious impediment to the normal intended use of the Software, AssetWorks will correct the error and distribute the correction to the CUSTOMER in accordance with AssetWorks' normal Software revision schedule. Article V. TERMINATION A. The license conveyed pursuant to Article I B may be terminated by AssetWorks in the event of breach or default by CUSTOMER under this Agreement provided AssetWorks notifies CUSTOMER in writing of the breach or default and CUSTOMER does not correct same within thirty (30) days of AssetWorks' written notice. B. In addition, CUSTOMER shall have the right to terminate this Agreement at any time; provided such termination shall not relieve CUSTOMER of its obligations (1) to pay any remaining unpaid balance for the total software license fee (as per Schedule 1), and (2) to honor the terms of the Professional Services Agreement or the Software Maintenance Agreement, which were independently executed and each of which must be terminated in accordance with its terms. C. All Software and Documentation shall be and will remain the property of AssetWorks. Upon termination of this Agreement, whatever the reason, such Software and Documentation and any copies thereof made by CUSTOMER pursuant to Article III B and C shall be promptly returned to AssetWorks. Article VI. ASSIGNMENT This Agreement shall not be assigned by either party without the prior written consent of the other party, and any attempted assignment without such consent shall be void. No assignment of this Agreement shall be valid until and unless consented to in writing by the consenting part and assumed by the assignee in writing. When duly assigned in accordance with the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the assignee. Article VII. ENTIRE AGREEMENT This Agreement supersedes all prior proposals, oral or written, all previous negotiations and all other communications or understandings between AssetWorks and CUSTOMER with respect to the subject matter hereof. It is expressly agreed that if CUSTOMER issues a purchase order or other document for the services provided under this Agreement, such instrument will be deemed for CUSTOMER'S internal use only, and any provisions contained therein shall have no effect whatsoever upon this Agreement. This Agreement sets forth the sole and entire Page 4 understanding between AssetWorks and CUSTOMER with respect to the subject matter. No amendments to this Agreement, either at the execution or subsequently, shall be binding on AssetWorks or CUSTOMER unless agreed to in writing by both parties. Article VIII. SCHEDULES Schedules 1 (Product Schedule) and any additional schedules specified below are hereby incorporated into this Agreement. Article IX. GENERAL TERMS A. Neither AssetWorks nor CUSTOMER will assign or transfer its interest in this Agreement without the prior written consent of the other party. B. All provisions of this Agreement, which by their nature should survive termination of this Agreement, will so survive. C. No delay or failure by either party to exercise any right hereunder, or to enforce any provision of this Agreement will be considered a waiver thereof. No single waiver will constitute a continuing or subsequent waiver. To be valid, a waiver must be in writing, but need not be supported by consideration. D. If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, such provision will be modified to the minimum extent necessary to make it legal, valid and enforceable, and the remaining provisions of this Agreement will not be affected. E. This Agreement, including its interpretation and enforcement, will be governed by the substantive laws of the State of Texas excluding its conflict of laws rules. F. Any communication or notice hereunder must be in writing, and will be deemed given and effective: (i) when delivered personally with proof of receipt; (ii) when sent by e-mail; (iii) when delivered by overnight express; or (iv) three (3) days after the postmark date when mailed by certified or registered mail, postage prepaid, return receipt requested and addressed to a party at its address for notices. Each party's address for notices is stated below. Such address may be changed by a notice delivered to the other party in accordance with the provisions of this Section. AssetWorks LLC CUSTOMER: 998 Old Eagle School Rd. - Suite 1215 City of Corpus Christi Wayne, PA 19087 PO Box 9277 Corpus Christi, TX 78469-9277 Attn: John Hines Attn.: Tambra Milot, Asset Management Copy to: Copy to: Director of Contracts Jim Davis AssetWorks LLC City of Corpus Christi 998 Old Eagle School Rd. - Suite 1215 PO Box 9277 Wayne, PA 19087 Corpus Christi, TX 78469-9277 Page 5 G. In the event of any dispute arising in the performance of this Agreement, AssetWorks and the CUSTOMER will seek to resolve such dispute through good faith, amicable discussions and negotiations. In any action at law or in equity to enforce or interpret the terms of this Agreement, the parties will each be responsible for their own attorneys' fees, in addition to any other relief ordered by the court. Such fees and costs will include those incurred in connection with the enforcement of any resulting judgment or order, and any post judgment order will provide for the right to receive such attorneys' fees and costs. H. Neither party will be liable for any failure to perform or any delay in performing any of its obligations hereunder when such failure or delay is due to circumstances beyond its reasonable control and without its fault (Force Majeure), including without limitation, any natural catastrophe, fire, war, riot, strike, or any general shortage or unavailability of materials, components or transportation facilities, or any governmental action or inaction. Upon the occurrence of such event of Force Majeure, the affected party will immediately give notice to the other party with relevant details, and will keep the other party informed of related developments. I. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous oral, and all prior written, negotiations, commitments and understandings of the parties relating to the subject matter hereof, This Agreement may not be modified except by a writing executed by both parties. J. The continuation of this Agreement after the close of any fiscal year of the CUSTOMER, 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 CUSTOMERS'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. K. In accordance with Chapter 2270, Texas Government Code, the CUSTOMER 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 AssetWorks verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have entered into this Agreement as of the Effective Date. CUSTOMER AssetWorks LLC By: By: Name: Name: Title: Title: Portfolio Manager Date: Date: 10/29/2018 Page 6 SCHEDULE 1— Licensed Software • FleetFocus M5 licenses for up to 2,000 equipment units o Including Ad-hoc Query, Crystal Reports, Replacement Analysis, KPI/Dashboards, Motor Pool, and Shop Activity modules and Smart Apps • Fuel Focus Software Page 7 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 26, 2019 Second Reading for the City Council Meeting of March 19, 2019 DATE: January 31, 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 2725 Rand Morgan Road CAPTION: Case No. 0119-04 Tim Lange: Request for rezoning property at or near 2725 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 the construction of single-family homes. RECOMMENDATION: Planning Commission and Staff Recommendation (January 11, 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. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan 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 adopted Comprehensive Plan (Plan CC). EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Filt. Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0119-04 Tim Lange: Ordinance rezoning property at or near 2725 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 Tim Lange ("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 23, 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 26, 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 Tim Lange ("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 2.470 acres out of a 2.538 acre tract as recorded in Document No. 2009040169 of the Official Public Records of Nueces County, Texas, same being out of State Survey No. 422, Abstract 850, Nueces County, Texas, located on the west side of Rand Morgan Road, south of Interstate 37, and north of Morrow Drive (the "Property"), from the RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District (Zoning Map No. 059048), 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\0119-04 Tim Lange\Council Documents\Ordinance_0119-04 Tim Lange.docx Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 5 Exhibit A STATE OF TEXAS JOB NO. 18-3723 COUNTY OF NUECES 2.470 ACRES ALL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Teens, same being out of a 2.538 acre tract as recorded in Document No. 2009040169 of the Official Public Records of Nueces County, Texas, same being out of State Survey No. 422, Abstract 850, Nueces County, Texas, same being the property as described nod conveyed in Document No. 2918019844 of the Official Records of Nueces County, Texas. and being more particularly described by motes and bounds as follows, to wit: BEGINNING at a 5/8 inch iron rod found for the Southeast corner of this tract, some lying in the West right -of -wap margin of Rnnd Morgan Road, same lying in the North boundary line of Lot 7, Block 3. Guth Parkside Subdivision as recorded in Volume 15, Page 50 of the Map Records of Nueces County; THENCE, along the North boundary line of said Lot 7 and Lots 6 to 2 of said Block 3, Guth Parkside Subdivision. NORTH 90 degrees 00 minutes 00 seconds WEST 543.11 feet to a 5/8 inch iron rod set fur the Southwest corner of this tract, same being the Southeast corner of Lot 10. Block 3, Guth Parkside Subdivision as recorded in Volume 40, Page 28 of the Mop Records of Nueces County, Texas; THENCE, along the West boundary line of this tract and common line with said Lit 10, Block 3, NORTH 110 degrees (It minutes 48 seconds EAST, at 100.00 feet passing through the Northeast corner of said Lot 10, Black 3, o total distance of 200.00 feet to a one inch iron pipe found fur the Northwest corner of this tract, some being the Southwest corner of Lot 4A, Block 1, Guth Parkside Annex as recorded in Volume 46, Page 48 of the Map Records of Nueces County. Texas; THENCE, along the common boundary line of this tract with sold Lot 4A, Block 1, SOUTH 89 degrees 59 minutes 25 seconds EAST 532.86 feet to a one inch iron pipe found for the Northeast corner of this tract, same being the Southeast corner of said Lot 4A, Block I, same lying in said West right-of-way margin of Rand Morgan Routl; THENCE, along said West right -of -nay margin of Rand Morgan Road, SOUTH 02 degrees 54 minutes 21 seconds EAST 200.17 feet to the point of beginning and containing 2.470 acres of land. 1 hereby certify that this survey as reflected in the above Field Notes and attached plot conforms to the current Texas Sun eyors Association Standards and Specifications for Category IA, Condition II Land Survey. Dated this the _21st_ day of _November , 2018. Ronald A. Voss, Registered Professional Land Surveyor No.2293 Page 4 of 5 Exhibit B traintlr, :- AI3 :.JT+:M#LY. 1C1. Rl1iA C� a for LOT IS AT7 NOTE* GUTN� LO. ,i<'nr t MRCS (N 00" 01' 48' E 200.001 IN 00' CO 00. E 200 001 2.470 AC. (S 02" 54' 2VE200.1T) OU1 _- 88E "ifiainr Olet TIP II 2725 RAND MORGAN ROAD (611R.O.W.) CV. MIM373C IMG TIM pop.q o 7•11V. Tar C, mono., to P111u S4 .Na 41740-7 an, Us TOD Am. FOC PMIo. MN..r.w, 3M ^W. w"woe anchM r.... orm mop ry wenn.. ...num roam ot mamma. our mon. IMmol .rInn .A.... P....T. 5.. on, tottrotommt vs *a. Igo . NOT VM O MTMOU T 0830N& SGWP.SS NO CEMGSaal Sat II,round ST IRCYMowe. VMN+Sb01MOIS 10101.5.0 P3.5534151 Wm* 85. 0'..1. NA 7203 DATE: 01107/2019 REVISION: CREW: RS 8 Dt OFFICE: RV 8 PP OF* 3088: 18-3723 2.470 Acres Out Of State Survey No. 422. Abstract 850. Nueces County, Texas. Same Being The Property As Convoyed In Doc. No 2018039844 (O.R.N.C.T.) Corpus Christi Nueces County, Texas KEY: wooD FENCE [RECORDED] WIRE FENCE (MEASURED) VINYL 'FENCE VOSS ENGINEERING, INC. ENGINEERING 6 LAND SURVEYING 6838 GREENWOOD DRIVE, CORPUS CHRISTI. TEXAS 78415 PHONE: 361.854.6202 FAX: 361_853.4696 37) ru I r, Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0119-04 INFOR No. 18ZN1036 Planning Commission Hearing Date: January 23, 2019 Applicant & Legal Description Owner: Tim Lange Applicant: John Kendall Location Address: 2725 Rand Morgan Road Legal Description: Being 2.470 acres out of a 2.538 acre tract as recorded in Document No. 2009040169 of the Official Public Records of Nueces County, Texas, same being out of State Survey No. 422, Abstract 850, Nueces County, Texas, located on the west side of Rand Morgan Road, south of Interstate 37, and north of Morrow Drive. Zoning Request From: "RS -6" Single -Family 6 District To: "RS -4.5" Single -Family 4.5 District Area: 2.47 acres Purpose of Request: To allow for the construction of single-family homes. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Vacant and Low Density Residential Low and Medium Density Residential North "CN -1" and "CN -2" Neighborhood Commercial Vacant and Commercial Commercial and Medium Density Residential South "RS -6" Single -Family 6 Low Density Residential Medium Density Residential East "FR/SP" Farm Rural with a Special Permit Public/Semi-Public Government West "RS -6" Single -Family 6 Low Density Residential Low 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 adopted Comprehensive Plan (Plan CC). Map No.: 059048 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 35' 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 the construction of single- family homes. Development Plan: The subject property is 2.47 acres in size. The owner is proposing the construction of 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. To the north is a large tract single-family home zoned "CN -1" and "CN -2" Neighborhood Commercial District. To the south is a single-family residential subdivision (Guth Parkside, 1953) to the zoned "RS -6" Single -Family 6 District. To the east is a church (Arlington Heights Church) zoned "FR/SP" Farm Rural District with a Special Permit. The special permit was granted in 1996 for a retirement home, but has since expired since no retirement home exists on the property. Additionally to the east is a single-family residential subdivision (Solar Estates #2, 1976) to the zoned "RS -6" Single -Family 6 District. To the west is a single-family residential subdivision (Guth Parkside, 1953) to the zoned "RS -6" Single -Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12 -inch ACP line located along Rand Morgan Road. Wastewater: 10 -inch VCP line located along Rand Morgan Road. Gas: 6 -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 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). Staff Report Page 3 • 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) • Promote interconnected neighborhoods with appropriate transitions between lower -intensity and higher -intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. Planning Commission and Staff Recommendation (January 23, 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. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Public Notification Number of Notices Mailed — 16 within 200 -foot notification area 6 outside notification area As of January 18, 2019: In Favor — 0 inside notification area — 1 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\0119-04 Tim Lange\PC Documents\Staff Report_0119-04 Tim Lange.docx IFR S Pr96-07 4 oi EVENING STAR LN Staff Report Page 4 HUNTINGTON DR dal MOON LIGHT DR mo C1w �tl: 1171.7.+ Anpari08y: it mparmafl[arDavWOpnw RCSfr, 2 CASE: 0119-04 ZONING & NOTICE AREA P11-1 8 Flfami17 1 .L L c7'! ',LET e P ll-2 y.jlltanlbs N P 11 -E RuRfanlyi flip Pr.:: . on Prolacchnal OM* RS -I• ! Z; : - 1_ r nn_byRVMfanly Ai RSA E r; • 5 CII-1 Ibl.111E•rlrood Cnnn•relal Ri4d ! }; -:-. 45 P11-£ NonniGorno•d Comm.. mini CR -1 Ib c•rI Conn•roY! R0-10 ! ' . . CR -2 R•mid0nnn•121.1 CD_1 D.n•ralConn•rlid RfTlf O 0-Y D•n•ralConn•rolal IP - .1--• • 111bnYr• Conn•0111 ry _-[ .: _. CBD Downlcwn Conn•ro41 POlO M,.. •.....-. -i CR -i no wA Cann•mYl CR Farm Rural H mclnrbOMrlq P1 BulYi•ccPark 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, gue tienen la intencibn de asistir a esta junta y que requieren serviclos especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrolto, al Humero (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 1361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dlrigirse a la commission durante la junta y su ingles es limitado, favor de Hamar al departamento de serviclos de desarrouo al numero (361) 826.3240 al mens 48 horas antes do la junta para solicitor un interprete ser presente durarle a jurtR CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0119-04 Tim Lange 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, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 2725 Rand Morgan Road and being 2.470 acres out of a 2.538 acre tract as recorded in Document No. 2009040169 of the Official Public Records of Nueces County, Texas, same being out of State Survey No. 422, Abstract 850, Nueces County, Texas, located on the west side of Rand Morgan Road. south of Interstate 37. and north of Morrow Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning. if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning, The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, January 23, 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 OWNERISI 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 ByLaws, 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: TLI;, ix n " I0 l j (1 � � �r 15 P 7 Address: `I (( t 4 7�Ycal7[ T / Cdy"State: CC TA 7S LH() ( ) IN FAVOR ( ) IN OPPOSITION Phone (77'4✓`1 9(i`% -tL REASON SEE MAP ON REVERSE SIDE INFOR Case No.: 18ZN1036 Property Owner ID: 0 / • Signature Case No. 0119-04 Project Manager Andrew Dimas Email: andrewd2§cctexas.com Zoning Case #0119-04 Tim Lange Rezoning for a Property at 2725 Rand Morgan Road City Council Presentation February 26, 2019 Aerial Overview Subject Property at 2725 Rand Morgan Road N At ,!65 {p} OpenStreetMapand contiiutcrs;;'e. 4eative Commons Share Al ise ivoense (CC -9Y -SA) 3 Zoning Pattern Planning Commission and Staff Recommendation Approval of the "RS -4.5" Single -Family 4.5 District Public Notification 16 Notices mailed inside 200' buffer 6 Notices mailed outside 200' buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 11 12 CN -2 �CG-2 cH-1 6 SUBJECT / /PROPER TY CN -1 z 3) 4 CCFS 4 c 13 2 14 MORROW DR HUNTINGTON DR .100 15 76 FR 5P/96-27 EVENING STAR LI MOON LIGHT DR IDo Oaar6d mum { Aaqurbr By :nit fA [or➢woioprw sy �J 6 UDC Requirements Buffer Yards: RS -4.5 to CN -1: 10' & 10 pts. Setbacks: Street: 20 feet Side/Rear: 5 feet Parking: 2 per dwelling unit Uses Allowed: Single -Family Homes, Home Occupations, Group Homes. Utilities Water: 12 -inch ACP Wastewater: 10 -inch VCP Gas: 6 -inch Service Line Storm Water: Road side drainage along Rand Morgan Road AGENDA MEMORANDUM One Reading Action Item for the City Council Meeting of February 26, 2019 DATE: TO: Keith Selman, Interim City Manager February 14, 2019 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 Construction Contract Corpus Christi Army Depot (CCAD) Security Enclave Project (Defense Economic Adjustment Assistance Grant) CAPTION: Motion to authorize execution of a construction contract with Summit Building & Design of Laredo, Texas in the amount of $2,945,359 for the Corpus Christi Army Depot (CCAD) Security Enclave Project located on the Naval Air Station Corpus Christi (NASCC) for the Base Bid plus Additive Alternate #4. PURPOSE: This project is funded through the Defense Economic Adjustment Assistance Grant (DEAAG) to increase the security, safety and sustainability of the CCAD facilities. BACKGROUND AND FINDINGS: This is a project funded primarily through a DEAAG grant from the State of Texas. The DEAAG was created in 1997 to provide grant assistance to defense communities for the support of defense installations or to help communities adapt to changes in defense missions. The program is administered by the Office of the Texas Governor. In March 2018, the City received DEAAG grant approval for the following two projects: Project No.: E17088 1 LV/LH Legistar No.: 19-0319 Rev. 2 — 02/20/19 DEAAG 2018 PROJECTS CCAD Security Enclave $3,281,314 NASCC Water Pipeline Extension $2,734,700 The grant requires expenditures for these two projects to be complete by August 31, 2019, and reimbursement requested from the governor's office by October 15, 2019. A separate project addresses the waterline extension. CCAD Security Enclave Project The CCAD mission is to provide for state of the art modifications, repairs, and overhaul of rotary wing components and aircraft to support strategic readiness of the Army. Since 2003, CCAD completed world-class maintenance on more than 1,098 aircraft; 21,555 engines and 411,398 helicopter components for the UH -60 Black Hawk, CH -47 Chinook, AH -64 Apache, OH -58 Kiowa and the Air Force HH -60 Pave Hawk. CCAD provides storage, maintenance and repairs to high value military assets. Although access to the NASCC (and therefore CCAD) is restricted, additional precautions are required to improve the safety and security of this critical military asset. The proposed Security Enclave project provides an additional layer of physical security to CCAD. The project includes the construction and installation of approximately 4,040 LF of 8ft high security fencing, 9 new personnel turnstiles and gates, and 12 new/upgraded vehicular gates with 45 security cameras, card readers, access controls, underground conduits, cabling, and other miscellaneous driveway and sidewalk improvements. BID RESULTS: On February 13th, 2019 the City received proposals from three (3) bidders. A summary of the bids is provided below. BID SUMMARY CONTRACTOR BASE BID + Add Alt #4 BASE BID - Ded Alt #1 + Add Alt #4 BASE BID - Ded Alt #2 + Add Alt #4 BASE BID — Ded Alt #3 + Add Alt #4 Summit Building & Design Laredo, Texas 2,945,359.30 2,877,171.30 2,854,753.30 2,881,834.30 Clearfield Construction, LLC San Antonio, Texas 3137,577.16 3,072,577.16 3,079,577.16 3,120,577.16 Mako Contracting, LLC Corpus Christi, Texas 5,783,117.60 5,715,977.60 5,709,449.60 5,763,117.60 Engineer's Opinion of Probable Cost $3,011,000.00 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: All activities require detailed coordination with CCAD. Additive Alternate #4 is a price increase of $10,000 to reduce the substantial completion from 180 calendar days to 150 calendar days. ProtectNo.: E17088 2 LV/LH Legistar No.: 19-0319 Rev. 2 — 02/20/19 CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contract procurement. EMERGENCY/NON-EMERGENCY: Non -Emergency FINANCIAL IMPACT: ❑ Operating ❑ Revenue El Capital X Grant Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 3,281,314 3,281,314 Encumbered / Expended Amount 252,364 252,364 This item 2,945,359 2,945,359 Future Anticipated Expenditures This Project 83,591 83,591 BALANCE 0 0 Fund(s): Defense Economic Adjustment Assistance Grant RECOMMENDATION: City staff and LNV, Inc. recommend awarding the construction contract to Summit Building & Design of Laredo, Texas. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation Project No.: E17088 3 LV/LH Legistar No.: 19-0319 Rev. 2 — 02/20/19 PROJECT BUDGET ESTIMATE Naval Air Station Corpus Christi (NASCC) Security Enclave (DEAAG Grant) PROJECT FUNDS AVAILABLE: Defense Economic Adjustment Assistance Grant (DEAAG) 3,281,314 TOTAL FUNDS AVAILABLE 3,281,314 FUNDS REQUIRED: Construction Fees- 3,004,266 Construction (Summit Building & Design) THIS ITEM 2,945,359 Contingency (2%) 58,907 Construction Inspection and Testing Fees. *Construction Inspection Construction Phase - Materials Testing Services (Estimate) 24,684 24,684 Design and Geotechnical Fees. 252,364 Preliminary Design (LNV, Inc.) 37,499 Design (LNV, Inc.) 211,270 Geotechnical Testing (TWE) 3,595 *Reimbursements. Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) Engineering Services (Project Mgt) Misc. (Printing, Advertising, etc.) TOTAL 3,281,314 ESTIMATED PROJECT BUDGET BALANCE 0 VUECES BAY CORPUS CHRISTI SHIP C $ LEOPARD I _' 'ROP re\CQ O I . 86 181 N SCALE: N.T.S. CORPUS CHRISTI BAY PROJECT LOCATION TAMUCC LOCATION MAP NOT TO SCALE LAGUNA MADRE 36 PACKS HAN EL Project Number: E17088_F MLX Corpus Christi Army Depot (CCAD) Security Enclave Project CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Construction Contract CCAD Security Enclave Project Defense Economic Adjustment Assistance Grant (DEAAG) Council Presentation February 26, 2019 Project Location CORPUS CHRISTI BAY CCAD Security Enclave Corpus Chr'Sti Engineering SCALE: N.T.S. Project Vicinity 5 y Corpus Chr sti Engineering DEAAG Projects Corpus Chr'Sti Engineering The Defense Economic Adjustment Assistance Grant Program (DEAAG) was created in 1997 to assist Texas defense communities in supporting military installations. The City received DEAAG grants in March 2018 for two projects intended to enhance the security and sustainability of CCAD and NASCC. > CCAD Security Enclave (THIS PROJECT): ✓ New perimeter security fencing, turnstiles and vehicle sliding gates ✓ Surveillance systems with cameras and access controls ✓ Miscellaneous sidewalk, driveway and landscaping improvements ✓ Item provides for the engineering design and permitting. > The NASCC Water Pipeline Extension: ✓ Project is being developed in two segments. One segment is being constructed by City crews and one segment will be constructed by the City's existing Waterline IDIQ contractor CCAD Security Enclave Project Corpus Chr'Sti Engineering This is a joint City/Corpus Christi Army Depot project under the State's Defense Economic Adjustment Assistance Grant that includes: • New 8' perimeter security fencing • 9 turnstile personnel gates • 12 vehicle sliding gates • Surveillance system upgrade with cameras • Card readers and access controls • Miscellaneous sidewalk, driveway and landscaping improvements Design im I Project Schedules Corpus Chr'sti Engineering 2018 2019 Sep Oct Nov Dec Jan Feb Mar Bid Apr May Jun Jul Aug L Construction CCAD Project Construction Calendar Days: 150 5 Months (0) Corpus Chr sti Engineering Questions? LNV Solutions Today with a engineers architects contractors Vision for Tomorrow February 18, 2019 J.H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: CCAD Industrial Security Enclave Project City Project No. E17088 Construction Contract Award Recommendation Dear Mr. Edmonds: On Wednesday, February 13, 2019, three (3) bids were received and opened for the above referenced project. Two of the bids included very minor mathematical errors, which did not affect the order or outcome of the bids. All of the bidders acknowledged receipt of Addenda 1 and 2. A spreadsheet tabulation of these bids was provided to you previously. The apparent low bidder based on the Total Project Base Bid, or Total Project Base Bid plus any combination of Alternates, is Summit Building & Design from Laredo, Texas. Their bid contained no mathematical errors. A breakdown of their bid is shown below: Description Base Bid Summit Building & Design Part A - General $186,721.40 I Part B — Security Fencing & Gates $2,719,915.90 Part C — ADA Pedestrian Improvements $28,722.00 Total Project Base Bid $2,935,359.30 Description Alternate Bids Summit Building & Design ($68,188.00) Part D — Alternate No. 1 (Deductive) Part E — Alternate No. 2 (Deductive) ($90,606.00) Part F — Alternate No. 3 (Deductive) ($63,525.00) Part G — Alternate No. 4 (Additive) $10,000.00 LNV was informed that the revised construction budget for this project is &2,945,359.30 801 NAVIGATION I SUITE 300 I CORPUS CHRISTI, TEXAS 78408 OFFICE 361.883.1984 I FAX 361.883.1986 I WWW LNVINC.COM LNV Solutions Today with a engineers I architects I contractors Vision for Tomorrow The base bid scope of work for this project is described below: Base Bid: The proposed improvements include clearing vegetation as required along fence route and demolition of walks and other designated items; repair/ reconstruction of designated existing fencing; setting new security fence and gate posts in concrete footings along the designated secure perimeter, installing new chain-link fence fabric with barbed wire extension; installing new chain-link vehicle gates with barbed wire extension; install new gate motors tied into card readers at new gate locations; install new aircraft cabling security fence reinforcing along designated fence runs; install new turnstile systems with ADA accessible man gates in designated locations, with new shade canopies and lighting over all turnstiles and ADA man gates; install new security access card readers at all gates and turnstiles; install new security cameras at vehicle gates, personnel gates and other designated locations. Confirm location of primary power connection for all electrically operated equipment and provide tie-in for all power security card readers and cameras to designated location inside adjacent buildings as per plans. Temporary and permanent storm water pollution prevention and sediment control measures will also be included. We reviewed the information required in the contract documents that was submitted by Summit Building & Design and found no anomalies. There is some information that will need to be provided at the time of the Pre -Construction Meeting by the Contractor such as key personnel (Project Superintendent). We also reviewed the previous projects listed as experience and successfully completed and noted that all were projects of much greater complexity than this project. The primary sub handling the majority of the work (fence & gates) is a very good long-time local fencing company. We contacted several architects for the previous listed projects and all gave favorable positive reports on this company with a couple indicating they wished all their projects could be constructed by this contractor. All of them indicated they would recommend this contractor on their future projects and have them on their `invited bidders' list. Based on the information submitted by the bidders and our further review, LNV recommends that the City award the construction contract for this project to Summit Building & Design for the Base Bid plus Alternate No. 4 in the amount of $2,945,359.30 . Please feel free to contact us if you have any questions. Sincerely, LNV, Inc. TBPE iQ F-366 Craig16/ % he, - , AIA Vice President/Director of Architecture cc: Jerry Shoemaker, P.E. Luis Vargas, EIT Eli Pena, P.E. 801 NAVIGATION I SUITE 300 I CORPUS CHRISTI, TEXAS 78408 OFFICE 361.883.1984 I FAX 361.883.1986 I WWW.LNVINC.COM AGENDA MEMORANDUM Action Item for the City Council Meeting of February 26, 2019 DATE: February 26, 2019 TO: Keith Selman, Interim City Manager FROM: Kevin Norton, Director of Utilities KevinN@cctexas.com (361) 826-1874 CAPTION: Bill Mahaffey, Director of Gas Operations BiIIM(a�cctexas.com (361) 826-1801 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2cctexas.com (361) 826-3169 Water and Gas Meter Transmission Units Resolution authorizing a two-year supply agreement for the purchase of water and gas meter transmission units with Aclara Technologies LLC, of Hazelwood, Missouri for a total amount not to exceed $3,359,358.02. PURPOSE: This supply agreement will provide the meter transmission units needed to collect meter readings for the Water and Gas Departments. BACKGROUND AND FINDINGS: The City of Corpus Christi has approximately 161,000 metered water and gas connections, with new service connections added daily. In 2005, the City of Corpus Christi began implementation of the automated metering infrastructure that allows the wireless collection of daily meter readings for both water and gas utilities. New meter transmission units must be installed to replace those that are broken, damaged, or at new service connections lacking the required equipment. It is estimated that Water Utilities will need 12,000 units per year (10,000 for replacement and 2,000 for new service), and the Gas Department will need 6,000 units. The Water and Gas Departments are currently utilizing the Aclara meter transmission units, and Staff recommends entering into a new two-year agreement to continue with the same product as a sole source. This agreement includes a 3% price increase for the second year. ALTERNATIVES: None available OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Water Utilities Gas FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2018-2019 Current Year Future Years TOTALS Budget $1,993,825.81 $2,379,545.26 $4,373,371.07 Encumbered / Expended Amount $436,962.45 $0.00 $436,962.45 This item $979,812.76 $2,379,545.26 $3,359,358.02 BALANCE $577,050.60 $0.00 $577,050.60 Fund(s): Water, Gas Comments: The contract is for a total amount not to exceed $3,359,358.02, with $979,812.76 funded in FY2018-19. RECOMMENDATION: City staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Supply Agreement Price Sheet Resolution authorizing a two-year supply agreement for the purchase of water and gas meter transmission units with Aclara Technologies LLC from Hazelwood, Missouri, for a total amount not to exceed $3,359,358.02. WHEREAS, Aclara Technologies LLC will provide water and gas meter transmission units for the Utilities Department; WHEREAS, these meter transmission units are critical in sustaining the automated metering infrastructure 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 are two statutory exceptions for this procurement in the Local Government Code, Section 252.022(a) (2) and (a) (7) (D), as this purchase is necessary to preserve or protect the public health and safety of the municipality's residents and these captive replacement parts are available from only one source. 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 supply agreement for the purchase of water and gas meter transmission units from Aclara Technologies LLC, of Hazelwood, Missouri, to obtain a supply agreement from Aclara Technologies LLC, as a sole source purchase necessary to protect the public health and safety of the City's residents, for a total amount not -to - exceed $3,359,358.02. 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 Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas Joe McComb Mayor day of , 2019 Page 2 of 2 Bid Tabulation -SA -2111 Water and Gas Meter Transmission Units ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL 1 Series 3000 Water MTU - Single Port - Extended Range Encoder, 12' Wire 8,000 EA 97.00 776,000.00 2 Series 3000 Water MTU - Single Port - Extended Range Encoder, 3' Nicor Connector Cable 4,000 EA 98.00 392,000.00 3 Series 3000 Water MTU - Dual Port - Extended Range Encoder, 12' Wire EA 125.00 125.00 4 Series 3000 Water MTU - Dual Port - Extended Range Encoder, 3' Nicor Connector Cable EA 125.00 125.00 5 Series 3000 Water MTU - Single Port - Extended Range - Pit Lid Antenna Encoder, 12' Wire (antenna sold separately) 1 EA 100.00 100.00 6 Series 3000 Water MTU - Single Port - Extended Range - Pit Lid Antenna Encoder, 3' Nicor Connector Cable (antenna sold separately) EA 100.00 100.00 7 Series 3000 Water MTU - Dual Port - Extended Range - Pit Lid Antenna -Encoder, 12' Wire (antenna sold separately) 1 EA 125.00 125.00 8 Series Water MTU - Dual Port - Extended Range - Pit Lid Antenna Encoder, 3' Nicor Connector Cable (antenna sold separately) 1 EA 125.00 125.00 9 Series 3000 Water MTU - Single Port - Extended Range Encoder, 12' Wire EA 97.00 97.00 10 Series 3000 Water MTU - Single Port - Extended Range_3' Nicor Connector Cable EA 98.00 98.00 11 Series 3000 Water MTU - Single Port - Extended Range - Pit Lid Antenna Encoder, 12' Wire, Pit Lid Antenna Capable (antenna sold separately) EA 100.00 100.00 12 Series 3000 Water MTU - Single Port - Extended Range - Pit Lid Antenna Encoder, 3' Nicor Connector Cable, Pit Lid Antenna Capable (antenna sold separately) EA 100.00 100.00 13 Series 3000 Water MTU - Dual Port - Extended Range Encoder, 12' Wire EA 125.00 125.00 14 Series 3000 Gas MTU - Direct Munt_Sensus/Rockwell (11 Tooth) Style 3,000 EA 70.00 210,000.00 15 Series 3000 Gas MTU - Direct Mount - Extended Range_Sensus/Rockwell (11 Tooth) Style 5 EA 70.00 350.00 16 Series 3000 Gas MTU - Direct Mount_Itron/Sprague Style 100 EA 70.00 7,000.00 17 Series 3000 Gas MTU - Direct Mount - Extended Range American Style 5 EA 70.00 350.00 18 Series 3000 Gas MTU - Commercial American Style 200 EA 70.00 14,000.00 19 Series 3000 Gas MTU - Pulse Input - Extended Range Single Port 100 EA 70.00 7,000.00 20 Series 3000 Gas MTU - Direct Mount American Style 3,000 EA 70.00 210,000.00 21 MTU,2WAY, ENCDR,2P, EXT, NICR,3FT 1 EA 125.00 125.00 22 Series 3000 Gas MTU - Direct Mount_Sensus/Rockwell (18 Tooth) Style 5 EA 70.00 350.00 23 Series 3000 Water MTU - On demand: Single Port, Encoder, 12' wire -extended range EA 95.00 95.00 24 Series 3000 Water MTU - On demand: Single Port, Encoder, 3' Nicor connector - extended range 1 EA 96.00 96.00 25 Series 3000 Water MTU - On demand: Dual Port, Encoder, 3' Nicor connector -extended range 1 EA 125.00 125.00 26 Series 3000 Water MTU - On demand: Single Port, Encoder, Pit Lid antenna, 12' wire- extended range (antenna sold separately) 1 EA 100.00 100.00 27 Series 3000 Water MTU - On demand: Single Port, Encoder, Pit Lid antenna, 3' Nicor connector- extended range (antenna sold separately) EA 100.00 100.00 28 Series 3000 Water MTU - On demand: Dual Port, Encoder, Pit Lid antenna, 12' wire- extended range (antenna sold separately) 1 EA 125.00 125.00 29 Series 3000 Water MTU - On demand: Dual Port, Encoder, Pit Lid antenna, 3' Nicor connector -extended range (antenna sold separately) EA 100.00 100.00 30 DCU - Water/Gas-Only-Solar_DCU-II, 2 -Way, Solar, Verizon LTE, T -Board EA 6,000.00 6,000.00 31 Series 3000 Pit Lid Antenna Pit Lid Antenna Assembly (MTU sold separately) EA 25.00 25.00 32 Water MTU Mounting Kits Bracket, Wall Mount, Water MTU EA 6.00 6.00 33 Water MTU Mounting Kits Long Spacer for Pit Installs, Water MTU EA 0.00 0.00 34 Water MTY Mounting Kits Short Spacer for Pit Installs, Water MTU EA 0.00 0.00 35 Water MTY Mounting Kits Horizontal Flange Hardware Kit, Water MTU EA 20.00 20.00 36 Water MTU Mounting Kits-Angled Flange Hardware Kit, Water MTU EA 20.00 20.00 37 Water MTU Mounting Kits Tab Mounting Hardware Kit, Water MTU EA 7.00 7.00 38 Water MTU Mounting Kits Vertical Flange Hardware Kit, Water MTU EA 18.00 18.00 39 MTU Programmers_Aclara USB Field Programmer Kit 30 EA 300.00 9,000.00 40 MTU Programmers_ToughPad 1 EA 4,443.00 4,443.00 41 MTU Programmers Clip, Hanger, USB FPP 1 EA 20.00 20.00 42 DCU - Accessories Solar Panel, 65W (Replacement) EA 550.00 550.00 43 DCU - Mounting Kits/Antenna Mounting Kit, Round Pole, AC EA 280.00 280.00 44 DCU - Mounting Kits/Antenna Mounting Kit, Round Pole, Solar EA 420.00 420.00 45 DCU - Accessories Battery (Replacement) 1 EA 375.00 375.00 46 Solar Pwr Cable Kit, 20' 1 EA 70.00 70.00 47 100' Low loss antenna cable 1 EA 1,148.00 1,148.00 48 12' Low loss antenna cable 1 EA 66.60 66.60 49 20' Low loss antenna cable 1 EA 90.70 90.70 50 50' Low Loss N-M to N-M 1 EA 180.80 180.80 51 DCU Renewal Packages (Includes Labor, Replacement Battery, Preventative Maintenance, and 1 Year Extended Warranty) _DCU Renewal Advanced - Verizon LTE & T-board 1 EA 4,030.00 4,030.00 52 MTU Programmers_Aclara USB Field Programmer kit 30 EA 288.75 8,662.50 53 Aclara Wireless Network 100MB Annual Plan - Water 1 EA 288.00 288.00 TOTAL $1,654,856.60 SUPPLY AGREEMENT NO. 2111 Water and Gas Meter Transmission Units THIS Water and Gas Meter Transmission Units Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Aclara Technologies LLC ("Supplier'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Water and Gas Meter Transmission Units in response to Request for Bid No. SS 2111 ("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 Water and Gas Meter Transmission Units 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 24 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 $3,359,358.02, 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: Joanna Moreno Department: Utilities Department Phone: (361) 826-1649 Email:joannm©cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. 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: Joanna Moreno Title: Contract Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1649 Fax: (361) 826-1715 IF TO SUPPLIER: Aclara Technologies LLC Attn: Samuel Wright, J.D. Title: Contracts Administrator II Address: 77 West Port Plaza, Suite 500, St. Louis, MO 63146 Phone:(314) 895-8425 Fax: (314) 895-7373 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: 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. 21 1 1 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 General Requirements A. The Supplier shall supply Water and Gas Meter Transmission Units for the Utilities Department per Attachment B - Bid/Pricing Schedule. B. The Supplier is responsible for all shipping charges. C. The Supplier shall ship items ordered to: City of Corpus Christi Utilities -Water Department 2726 Holly Rd. Building 8-A Corpus Christi, TX 78415 Attachment B - Bid /Price Schedule ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL 1 Series 3000 Water MTU - Single Port - Extended Range Encoder, 12' Wire 8,000 EA 97.00 776,000.00 2 Series 3000 Water MTU - Single Port - Extended Range Encoder, 3' Nicor Connector Cable 4,000 EA 98.00 392,000.00 3 Series 3000 Water MTU - Dual Port - Extended Range Encoder, 12' Wire EA 125.00 125.00 4 Series 3000 Water MTU - Dual Port - Extended Range Encoder, 3' Nicor Connector Cable EA 125.00 125.00 5 Series 3000 Water MTU - Single Port - Extended Range - Pit Lid Antenna Encoder, 12' Wire (antenna sold separately) 1 EA 100.00 100.00 6 Series 3000 Water MTU - Single Port - Extended Range - Pit Lid Antenna Encoder, 3' Nicor Connector Cable (antenna sold separately) EA 100.00 100.00 7 Series 3000 Water MTU - Dual Port - Extended Range - Pit Lid Antenna -Encoder, 12' Wire (antenna sold separately) 1 EA 125.00 125.00 8 Series Water MTU - Dual Port - Extended Range - Pit Lid Antenna Encoder, 3' Nicor Connector Cable (antenna sold separately) 1 EA 125.00 125.00 9 Series 3000 Water MTU - Single Port - Extended Range Encoder, 12' Wire EA 97.00 97.00 10 Series 3000 Water MTU - Single Port - Extended Range_3' Nicor Connector Cable EA 98.00 98.00 11 Series 3000 Water MTU - Single Port - Extended Range - Pit Lid Antenna Encoder, 12' Wire, Pit Lid Antenna Capable (antenna sold separately) EA 100.00 100.00 12 Series 3000 Water MTU - Single Port - Extended Range - Pit Lid Antenna Encoder, 3' Nicor Connector Cable, Pit Lid Antenna Capable (antenna sold separately) EA 100.00 100.00 13 Series 3000 Water MTU - Dual Port - Extended Range Encoder, 12' Wire EA 125.00 125.00 14 Series 3000 Gas MTU - Direct Munt_Sensus/Rockwell (11 Tooth) Style 3,000 EA 70.00 210,000.00 15 Series 3000 Gas MTU - Direct Mount - Extended Range_Sensus/Rockwell (11 Tooth) Style 5 EA 70.00 350.00 16 Series 3000 Gas MTU - Direct Mount_Itron/Sprague Style 100 EA 70.00 7,000.00 17 Series 3000 Gas MTU - Direct Mount - Extended Range American Style 5 EA 70.00 350.00 18 Series 3000 Gas MTU - Commercial American Style 200 EA 70.00 14,000.00 19 Series 3000 Gas MTU - Pulse Input - Extended Range Single Port 100 EA 70.00 7,000.00 20 Series 3000 Gas MTU - Direct Mount American Style 3,000 EA 70.00 210,000.00 21 MTU,2WAY, ENCDR,2P, EXT, NICR,3FT 1 EA 125.00 125.00 22 Series 3000 Gas MTU - Direct Mount_Sensus/Rockwell (18 Tooth) Style 5 EA 70.00 350.00 23 Series 3000 Water MTU - On demand: Single Port, Encoder, 12' wire -extended range EA 95.00 95.00 24 Series 3000 Water MTU - On demand: Single Port, Encoder, 3' Nicor connector - extended range 1 EA 96.00 96.00 25 Series 3000 Water MTU - On demand: Dual Port, Encoder, 3' Nicor connector -extended range 1 EA 125.00 125.00 26 Series 3000 Water MTU - On demand: Single Port, Encoder, Pit Lid antenna, 12' wire- extended range (antenna sold separately) 1 EA 100.00 100.00 27 Series 3000 Water MTU - On demand: Single Port, Encoder, Pit Lid antenna, 3' Nicor connector- extended range (antenna sold separately) EA 100.00 100.00 28 Series 3000 Water MTU - On demand: Dual Port, Encoder, Pit Lid antenna, 12' wire- extended range (antenna sold separately) 1 EA 125.00 125.00 29 Series 3000 Water MTU - On demand: Dual Port, Encoder, Pit Lid antenna, 3' Nicor connector -extended range (antenna sold separately) EA 100.00 100.00 30 DCU - Water/Gas-Only-Solar_DCU-II, 2 -Way, Solar, Verizon LTE, T -Board EA 6,000.00 6,000.00 31 Series 3000 Pit Lid Antenna Pit Lid Antenna Assembly (MTU sold separately) EA 25.00 25.00 32 Water MTU Mounting Kits Bracket, Wall Mount, Water MTU EA 6.00 6.00 33 Water MTU Mounting Kits Long Spacer for Pit Installs, Water MTU EA 0.00 0.00 34 Water MTY Mounting Kits Short Spacer for Pit Installs, Water MTU EA 0.00 0.00 35 Water MTY Mounting Kits Horizontal Flange Hardware Kit, Water MTU EA 20.00 20.00 36 Water MTU Mounting Kits-Angled Flange Hardware Kit, Water MTU EA 20.00 20.00 37 Water MTU Mounting Kits Tab Mounting Hardware Kit, Water MTU EA 7.00 7.00 38 Water MTU Mounting Kits Vertical Flange Hardware Kit, Water MTU EA 18.00 18.00 39 MTU Programmers_Aclara USB Field Programmer Kit 30 EA 300.00 9,000.00 40 MTU Programmers_ToughPad 1 EA 4,443.00 4,443.00 41 MTU Programmers Clip, Hanger, USB FPP 1 EA 20.00 20.00 42 DCU - Accessories Solar Panel, 65W (Replacement) EA 550.00 550.00 43 DCU - Mounting Kits/Antenna Mounting Kit, Round Pole, AC EA 280.00 280.00 44 DCU - Mounting Kits/Antenna Mounting Kit, Round Pole, Solar EA 420.00 420.00 45 DCU - Accessories Battery (Replacement) 1 EA 375.00 375.00 46 Solar Pwr Cable Kit, 20' 1 EA 70.00 70.00 47 100' Low loss antenna cable 1 EA 1,148.00 1,148.00 48 12' Low loss antenna cable 1 EA 66.60 66.60 49 20' Low loss antenna cable 1 EA 90.70 90.70 50 50' Low Loss N-M to N-M 1 EA 180.80 180.80 51 DCU Renewal Packages (Includes Labor, Replacement Battery, Preventative Maintenance, and 1 Year Extended Warranty) _DCU Renewal Advanced - Verizon LTE & T-board 1 EA 4,030.00 4,030.00 52 MTU Programmers_Aclara USB Field Programmer kit 30 EA 288.75 8,662.50 53 Aclara Wireless Network 100MB Annual Plan — Water 1 EA 288.00 288.00 TOTAL $1,654,856.60 1st year $1,654,856.60 2nd year $1,654,856.60 (plus 3% increase of $49,645.70) Total $3,359,358.02 "Quoted items are subject to availability and may be substituted for like or equal parts upon approval by the City." Attachment C - Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE 1. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of 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 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. 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. 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 Utilities Supply Service for Water Meter Transmission Units- MTU's 01/15/2019 sw Risk Management Attachment C - Bond Requirements No bond requirements necessary for this supply agreement; Section 5. (B) is null for this supply agreement. Attachment D- Warranty Requirements Aclara Warranties AdaraTac raiog>es LLC Aclara Warranties • STAR® MTU Warranty • STAR® Utility DCU Warranty The information contained herein is proprietary and confidential to Aclara Technologies LLC and shall not be released or disclosed to any third party without prior written approval_ 1 Aclara Adam Warranties PcbaTec ndoges LLC STAR® MTU Warranty Basic Warranty Aclara Technologies LLC warrants to the original PURCHASER of a STAR® Utility Meter Transmission Unit (MTU) that the MTU shall perform in accordance with the specifications in effect at the time of original product shipment and shall be free from defects in material and workmanship for a period often (10) years from the date of original product shipment (the lull warranty period"). Any STAR® Utility MTU manufactured by Aclara Technologies LLC that, within the full warranty period: (I) falls to perform in accordance with the specifications in effect at the time of original product shipment or (ii) fails as a result of a defect in material or workmanship, when returned to Aclara Technologies LLC, freight prepaid, will be repaired or replaced at the option of Aclara Technologies LLC without charge to the PURCHASER. A STAR® Utility MTU which has been repaired or replaced by Aclara Technologies LLC will be returned to the PURCHASER by Aclara Technologies LW, freight prepaid. All costs associated with the removal and/or reinstallation of a defective STAR® Utility MTU shall be the responsibility of the PURCHASER. Aclara Technologies LLC warrants replacement MTUs for the longer of (i) the remaining term of the full warranty period applicable to the STAR® Utility MTU repaired or replaced or (iI) one year from the date the repaired STAR® Utility MTU or its replacement is returned to PURCHASER. Aclara Technologies LLC reserves the right to supply factory refurbished equipment, new equipment, or a newer model that provides equivalent or better performance. Extended Warranty Subject to the limitations set forth below, Aclara Technologies LLC, will replace any STAR® Utility MTh that, after expiration of the full warranty period but before the expiration of the twentieth (20th) full year after the date of original product shipment (the "extended warranty period"): (i) fails to perform in accordance with the specifications in effect at the time of original product shipment or (ii) fails as a result of a defect in material or workmanship. The cost of replacement will be prorated In accordance with the following table based on the number years of service before failure: Years of Service Replacement Cost Percentage 11 55% 12 60% 13 65% 14 70% 15 75% 16 B0% 17 85% 18 90% 19 95% 20 100% The cost of replacement will be calculated by multiplying the app 'cable replacement cost percentage by the STAR® Utility MTU price in effect at the time of replacement. The defective MTU must be returned to Aclara Technologies LLC by the PURCHASER, freight prepaid; Aclara Technologies LLC will pay the freight charges for the return of the replacement to the PURCHASER. All costs associated with the removal and/or reinstallation of a defective STAR® Utility MTU shall The information contained herein is proprietary and confidential to Aclara Technologies LLC and shall not be released or disclosed to any third party without prior written approval. 2 Aclara Mara Wananlies AdaraTedntgies LLC be the responsibility of the PURCHASER. Aclara Technologies LLC warrants MTUs replaced pursuant to the Extended Warranty for ten (10) years (in accordance with the terms of the Basic Warranty) from the date the replacement is returned to the PURCHASER. Aclara Technologies LLC reserves the right to supply factory refurbished equipment, new equipment, or a newer model that provides equivalent or better performance. The STAR® Utility MTU warranties do not cover repairs or replacements required as a result of: misuse, mishandling, improper storage, accident, modification, improper operation, installation errors, meter failures, theft, vandalism, repair by unauthorized personnel, or battery life for MTUs that are configured and operated for more than two (2) to four (4) transmissions per day. Aclara Technologies LLC makes no warranty whatsoever with respect to the minimum communication distance or reliability of the radio propagation path of STAR® Utility MTUs. Each MTU Includes software which is proprietary to Aclara Technologies LLC and which is protected by United Slates Copyright Laws with which the PURCHASER must comply. PURCHASER has the right to utilize the software in the MTU with the MTU, but PURCHASER may not disassemble, decompile, or modify the software. The software Is confidential and the property of Aclara Technologies LLC and shall not be disclosed to others. THE WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIABILITY OF ACLARA TECHNOLOGIES LLC SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCT. IN NO EVENT SHALL ACLARA TECHNOLOGIES LW BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, RESULTING FROM PRODUCT INSTALLATION, USE, REMOVAL OR REINSTALLATION. THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE, AND IN NO EVENT SHALL THE LIABILITY OF ACLARA TECHNOLOGIES LLC EXCEED THE PRICE OF THE PRODUCT ON WHICH SUCH LIABILITY IS BASED. THE LIMITATION OF REMEDIES SET FORTH HEREIN IS IN RECOGNITION OF THE DIFFICULTIES OF PROOF OF LOSS AND THE INCONVENIENCE AND NON -FEASIBILITY OF OTHERWISE MEASURING DAMAGES AND OBTAINING AN ADEQUATE REMEDY. THE WARRANTIES CONTAINED HEREIN MAY NOT BE ALTERED, AMENDED, OR MODIFIED, EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF ACLARA TECHNOLOGIES LLC. The information contained herein is proprietary and confidential to Adam Technologies LLC and shall not be released or disclosed to any third party without prior written approval. .11 ACIOra 3 Adara Warranties AdaaTedndogies LLC STAR® Utility DCUWarranty Aclara Technologies LLC warrants to the original PURCHASER of a STAR® Utility Data Collection Unit (DCU) that the DCU shall perform in accordance with the specifications In effect at the time of original product shipment and shall be free from defects in material and workmanship fora period of one (1) year from the date of original productinstallation. Any STAR® Utility DCU manufactured by Aclara Technologies LLC that, within the warranty period: (i) fails to perform In accordance with the specifications in effect at the time of original product shipment or (ii) falls as a result of a defect in material or workmanship, will be repaired or replaced at the option of Aclara Technologies LLC without charge to the PURCHASER. PURCHASER may either, 1) Request return authorization from Aclara Technologies LLC, and return defective DCU for repair. Aclara Technologies LLC will be responsible for lowest cost inbound and outbound freight when using shipping method of Aclara Technologies LLC's choice. Should PURCHASER request alternative shipping method, PURCHASER will be responsible for all excess freight charges. All costs associated with the removal and/or reinstallation of a defective STAR® Utility OCU shall be the responsibility of the PURCHASER, or 2) Request on site repair by Aclara Technologies LLC, provided PURCHASER pays all reasonable Aclara Technologies LLC travel expenses. PURCHASER must assure reasonable access to the equipment, and shall be responsible for additional costs Incurred should Aclara Technologies LLC be prevented access at the scheduledtime. Aclara Technologies LLC warrants replacement DCU's for the longer of (i) the remaining term of the full warranty period applicable to the STAR® Utility OCU repaired or replaced or (II) six (6) months from the date the repaired STAR® Utility DCU or Its replacement is returned to PURCHASER. Aclara Technologies LLC reserves the right to supply factory refurbished equipment, new equipment, or a newer model that provides equivalent or better performance. The STAR® Utility DCU warranty does not cover repairs or replacements required as a result of: misuse, mishandling, improper storage, accident, modification, improper operation, installation errors, theft, vandalism, acts of god or repair by unauthorized personnel. Aclara Technologies LLC makes no warranty whatsoever with respect to the minimum communication distance or reliability of the radio propagation path or required density of STAR® Utility DCUs. Each DCU Includes software which is proprietary to Aclara Technologies LLC and which is protected by United States Copyright Laws with which the PURCHASER must comply. PURCHASER has the right to utilize the software in the DCU with the DCU, but PURCHASER may not disassemble, decompile, or modify the software. The software is confidential and the property of Aclara Technologies LLC and shall not be disclosed to others. THE WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIABILITY OF ACLARA TECHNOLOGIES LLC SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCT. IN NO EVENT SHALL ACLARA The information contained herein Is proprietary and confidential to Aclara Technologies LLC and shall not be released or disclosed to any third party without prior written approval. 4 Aclara. Adam Wa tansies AdaraTech olocjes LLC TECHNOLOGIES LLC BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, RESULTING FROM PRODUCT INSTALLATION, USE, REMOVAL OR REINSTALLATION. THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE, AND IN NO EVENT SHALL THE LIABILITY OF ACLARA TECHNOLOGIES LLC EXCEED THE PRICE OF THE PRODUCT ON WHICH SUCH LIABILITY IS BASED. THE LIMITATION OF REMEDIES SET FORTH HEREIN IS IN RECOGNITION OF THE DIFFICULTIES OF PROOF OF LOSS AND THE INCONVENIENCE AND NON -FEASIBILITY OF OTHERWISE MEASURING DAMAGES AND OBTAINING AN ADEQUATE REMEDY. THE WARRANTIES CONTAINED HEREIN MAY NOT BE ALTERED, AMENDED, OR MODIFIED, EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF ACLARA TECHNOLOGIES LLC. The information contained herein is proprietary and confidential to Adara Technologies LLC and shall not be released or disclosed to any third party without prior written approval. 5 F' AClara,. AGENDA MEMORANDUM Action Item for the City Council Meeting of February 26, 2019 DATE: February 20, 2019 TO: Keith Selman, Interim City Manager FROM: Daniel McGinn, AICP, Director of Planning & Environmental DanielMc@cctexas.com (361) 826-7011 Petition for Annexation of 161.56 acres in the London Area CAPTION: Resolution granting petition requesting annexation by area landowners of approximately 161.56 acres of land into the territorial limits of the City of Corpus Christi. PURPOSE: The purpose of this item is to complete processes related to annexation and economic development. The proposed annexation in the City's Extraterritorial Jurisdiction will provide for compatible future land use and development south of Oso Creek along the TxDOT Farm to Market 43 and County Road 33. BACKGROUND AND FINDINGS: There are no known dwellings or residents on the 161.56 -acre parcel. The planned development annexation process will span about three months, including two City Council public hearings and two readings of the annexation ordinance. There will be approximately 660 single family homes built on the 161.56 acres. The developer has already submitted a final plat for the first development phase, London Towne Subdivision Unit 1, consisting of a 23.02 -acre tract with 94 single-family housing units and a 1.9 -acre park. A Wastewater Trunk Main Line Extension Construction and Reimbursement Agreement was approved by City Council on May 8, 2018 to extend municipal wastewater service to this area. Construction of the lift station and related service lines is currently underway. ALTERNATIVES: Per Chapter 43 of the Local Government Code, Municipal Annexation, Section 43.028.D, after the 5th day but on or before the 30th day after the date the petition is filed, the governing body shall hear the petition and the arguments for and against the annexation and shall grant or refuse the petition as the governing body considers appropriate. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed annexation is consistent with the adopted Future Land Use Plan (Ordinance 029958). The subject parcel is designated as a Planned Development Area in Plan CC, the City's Comprehensive Plan. Planned Development Areas are areas which may be annexed and for which area plans are developed. EMERGENCY / NON -EMERGENCY: Non -emergency reading. DEPARTMENTAL CLEARANCES: Legal and the City Manager's Office 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 BALANCE Fund(s): Not applicable Comments: A service plan will be developed that identifies municipal services to be delivered as required by the Local Government Code. A fiscal analysis of the cost of services will be provided to City Council. RECOMMENDATION: Staff recommends that City Council accepts the annexation petition and directs staff to prepare a service plan. LIST OF SUPPORTING DOCUMENTS: Resolution Annexation Petition Presentation with Annexation Schedule Resolution granting petition requesting annexation by area landowners of approximately 161.56 acres of land into the territorial limits of the City of Corpus Christi WHEREAS, on February 15, 2019 the City received a petition requesting annexation by area landowners; WHEREAS, Texas Local Government Code §43.028 requires the governing body to hear the petition and the arguments for and against the annexation and shall grant or refuse the petition as the governing body considers appropriate after the 5th day but on or before the 30th day after the date the petition is filed; WHEREAS, Texas Local Government Code §43.065 requires the City to direct its staff to prepare a service plan that provides for the extension of municipal services to the area to be annexed; and WHEREAS, Texas Local Government Code §43.063 provides that the City should conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: Section 1. The City Council grants the petition requesting annexation by Elizabeth Anne Meaney, Bart Braselton, Reagan Brown, Bill Brown and Alyssa Ann Brown of approximately 161.56 acres of land into the territorial limits of the City of Corpus Christi attached in Exhibit "A". Section 2. The City Council directs staff to take the necessary actions to institute annexation proceedings. Section 3. The City Council directs the staff to prepare a service plan that provides for the extension of municipal services to the annexation area. Section 4. The City Council hereby schedules two public hearings on this annexation on April 16, 2019 and April 23, 2019 during a regular City Council meeting beginning at 11:30 a.m. in the City Council Chambers, 1201 Leopard Street, Corpus Christi, Texas. Section 5. The City Secretary is hereby authorized and directed to cause notice of such public hearings to be posted on the City's Internet website and published once in a newspaper having general circulation in the city and in the above-described territory not more than twenty (20) days nor less than ten (10) days prior to the date of such public hearings. Section 6. The provisions of this resolution shall become effective immediately upon final 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 Page 2 of 2 EIVED FFB 15 2019 CI Y SECRETARY'S OFFICE PETITION REQUESTING ANNEXATION BY AREA LANDOWNERS TO THE MAYOR OF THE GOVERNING BODY OF CORPUS CHRISTI, TEXAS: The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, or on which fewer than three qualified voters reside, hereby petition your honorable Body to extend the present city limits so as to include as part of the City of Corpus Christi, Texas, the following described territory, to wit: FIELDNOTES for a 161.56 Acre, Annexation Tract, being a portion of a 173.21 Acre Tract out of Section "D", Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 173.21 Acre Tract described in a Gift Deed from Mary Cecile Meaney, a married woman, as her separate property and estate to Elizabeth Anne Meaney Trustee of the Lucy A. Haynes Trust, as recorded in Document No. 2014032038, Official Public Records of Nueces County, Texas; said 161.56 Acre Tract also being a portion of County Road 33, and a portion of a 118.126 Acre Tract out of Cuadrilla Irrigation Company Survey No. Survey 139, Abstract 577 and I.&G.N.R.R. Survey No. 140, Abstract 612, as shown on the map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 118.126 Acre Tract described as Tract 11 in a Correction Warranty Deed from Sheilah London to Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy, as recorded in Document No. 2015011 169, Official Public Records of Nueces County, Texas; said 161.56 Acre, Annexation Tract being more fully described by metes and bounds as follows: Beginning at a 5/8 Inch Iron Rod Found, being the Southwest corner of a 308.99 Acre Tract described in a Special Warranty Deed from The Joslin Partnership, Ltd., to The City of Corpus Christi, as recorded in Document No. 941343, said Official Public Records, for the Southeast corner of an 8.00 Acre Tract described in Gift Deed from Mary Cecile Meaney to Agape Ranch, as recorded in Document No. 2016053230, said Official Public Records; Thence, North 89°12'59" East, with the South boundary line of the said 308.99 Acre Tract, the North boundary line of the said 173.21 Acre Tract, 1,405.07 Feet, to the common corner of the said 308.99 Acre Tract and 173.21 Acre Tract, for a Northeast corner of this Tract; Thence, South 18°02'59" West, with the common boundary line of the said 308.99 Acre Tract and 173.21 Acre Tract, 871.67 Feet, for a Southeast corner of this Tract; Thence, South 89° 12'59" West, over and across the said 173.21 Acre Tract, 2,083.85 Feet, to the East boundary line of a 2.00 Acre Tract described in a Warranty Deed with Vendor's Lien from Shawn A. Lockett and Marcella R. Lockett to Jeremy Scott and Paige Scott, as recorded in Document No. 2016034176, of the said Official Public Records, for a corner of this Tract; Thence, North 20°10'52" East, with the Southeast boundary line of the said 2.00 Acre Tract, 251.64 Feet, to the Northeast corner of the said 2,00 Acre Tract and for an inner ell corner of this Tract; Thence, North 69'49'13" West, with the North boundary line of the said 2.00 Acre Tract, at 320.48 Feet, pass the apparent Southeast Right -of -Way line of the said County Road 33, in all a distance of 343.96 Feet, to the apparent Northwest Right -of -Way line of the said County Road 33, the Southeast boundary line of the said 118.126 Acre Tract, thr an inner ell corner of this Tract; Thence, South 20° 13'25" West, with the common boundary line of the said Right -of -Way and the said 118.126 Acre Tract, 1,164.13 Feet, to a 5/8 Inch Iron Rod Found, being the Northeast corner of a 20.00 Acre Tract described in a Special Warranty Deed from Sheilah Ruth London to London Independent School District, as recorded in Document No. 2005027456, of the said Official Public Records, the Southeast corner of the said I 18.126 Acre Tract, for a South corner of this Tract, from Whence a 5/8 inch Iron Rod Found, for the Southeast comer of the said 20.00 Acre Tract, bears South 20°13'34" West, 1,146.66 Feet; Thence, South 20°13'25" West, with the common boundary line of the said Right -of -Way and the said 118.126 Acre Tract, 1,164.13 Feet, to a 5/8 Inch Iron Rod Found, being the Northeast corner of a 20.00 Acre Tract described in a Special Warranty Deed from Sheilah Ruth London to l.ondon Independent School District, as recorded in Document No. 2005027456, of the said Official Public Records, the Southeast corner of the said 118.126 Acre Tract, for a South corner of this Tract, from Whence a 5/8 Inch Iron Rod Found, for the Southeast corner of the said 20.00 Acre Tract, bears South 20°l3'34" West, 1,146.66 Feet; Thence, South 88°54'56" West, with the common boundary line of the said 20.00 Acre Tract, and the said 118.126 Acre Tract, 1,023.87 Feet, to a 5/8 Inch Iron Rod Found, being the Northwest corner of the said 20.00 Acre Tract, for the Southwest corner of the said 118.126 Acre Tract and of this Tract, from Whence a 5/8 Inch Iron Rod Found, for the Southwest corner of the said 20.00 Acre Tract, bears South 01°00'07" East, 1,065.51 Feet; Thence, North 01°00'19" West, with the West boundary line of the said 118.126 Acre Tract, 3,143.05 Feet, to the Northwest corner of the said 118.126 Acre Tract; Thence, North 88°54'56" East, with the North boundary line of the said 118.126 Acre Tract, 2,245.46 Feet, to a Nail Found, on the said Right -of -Way, for the Northeast corner of the said 118.126 Acre Tract and of this Tract; Thence, South 20°13'25" West, with the common boundary line of the said Right -of -Way, and the said 118.126 Acre Tract, 1,699.95 Feet, to an inner ell corner of this Tract; Thence, South 69°46'35" East, over and across the said County Road 33, 24.45 Feet, to the said apparent Southeast Right -of -Way line, for a corner of this Tract; Thence, North 89°12'59" East, with the common boundary line of the said 8.00 Acre Tract, and the said 173.21 Acre Tract, 985.82 Feet, to the Point of Beginning, containing 161.56 Acres (7,037,378 Sq. Ft) 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. We certify that the above described tract of land is contiguous and adjacent to the City of Corpus Christi, Texas, and that this petition is signed and duly acknowledged by each and every person having an interest in said land. THE STATE OF TEXAS / /l COUNTY OF iv U.CS Signed: Date: BEFORE ME, the undersigned authority, on this day personally appeared ! YI1C/ Ii , and , known to me to be he persons whose names are subscribed to the foregoing instrument and each acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this SUZANNE HONEA Notary ID # 130560604 My Commission Expires February 29, 2020 day or ACM/2 Notary( blic in and for /' �{ (1../1'(i. County, Texas. We certify that the above described tract of land is contiguous and adjacent to the ,City of CorpusCbr.isti'Texas, and that this petition is signed and duly acknowledged by each and every person having an iri`tereSt in said larid� Signed: Date: THE STATE OF TEXAS COUNTY OF AA,/e6e BEFORE ME, the undersigned authority, on this day personally appeared , and , known to me to be the persons whose names are subscribed to the foregoing instrument and each acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this SUZANNE HONEA Notary ID # 130560604 My Commission Expires February 29, 2020 "`" day or Notary Public in and for //U(r"5 County, Texas. We certify that the above described tract of land is contiguous and adjacent to the Cit of Corpus Christi, Texas, and that this Petition is signed' and duly acknowled ed by each and every person having an inter: .4 said land. li 06) ---- <`R A I THE STATE OF TEXAS COUNTY OF BEFORE ME, the dersiguthority, on this day personally appeared Signed: Date: I <.5 t1 WI IA 7 44'ils1 , and il-f' ! \1(141/457/4) whose naes are subscribed to the foregoing instrument and each acknowledged to purposes and consideration therein expressed. Given under my hand and seal of office, this Li day or 16°- , 20, CI . 1. , known to me to be the persons me that he executed the same for the JUANA JEAN BARTON Notary10 #10868260 My Commission Expires June 3, 2021 a -yea 'Notary Public in and for 4 s County, Texas. 137 0 General Notes: • 5/8 rcn 'cn Rod _ :ur o 1.) Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texos South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. J 1/2 Inch Iror Roo w•th green plas_:b cap stamocc "U•23AN VCR=ASEMEN-" Se' .1 Nal ound r 130 49 /-cres out o` a 145 5 Acre (Owner: 'Nolter Barry Comp and Betty Jo Comp) (Doc. No. 1997034377, O.R.N C.T.) 6JA601L L A 1F1F11.9ATIDN 00N1PANY 61101197 127 A9711:1110T 676 Survey N88'54'56"E 21245.46' Troct 91.1F119Y 146, A96T91A6-r 012 15.01 Acres out 01 11:1 !45.5 Acre Tract Owner: Betty, _INE B_A4lIG 0.5TANCE 25`.64 3L3.95' 22.45' N20' E 0'52" 3 N69'49 13'W S69'( -5'35"E a Jo Cornp (Doc. No.1 � y \ 1201000557 -, io.y r : QO.F.R.N.C.T) ° ,a t' ' cxc;4/ 6';‘,3'1' §0,-=; ° Q Fci SCI°S h O N 104 d: t . . M,,yQ u go ° �2 `')/1'0)W4' v Ac Q c ° o'�oo`y Q l m5 -'F mr- .c ta as �,V / w° o ' U ao J .���<°Q �2' (� a 8 -ti 20 r.; Q c` co Q g, 1u o, o - ,,, o o. Oj M o z rn^ � .- U 0 0 0 3 Q O� Q U C �o o a0, a v ^a C M 7 y o'.j d . • -/. 6.100 Anes out 0 Section 'D' (i of, ° U C tae.eies Parra Tracts 3 Re-. sir N" cesl Canty, Texos / 01 ) p V M �o Owner Agape Ronrn) a, 2y y O A (Doc. No. 2016053250, ) C Q. O I OP.R N.0 T.) / ° Lire CUAJFIILLA IFIA(8ATIDM 0116158N3 08797 199, A90T11ACT 97) 11; I v 1I; Val. 3, Pg{ 15, Map Records of Nueces County. Texas II i,33.N.F1,11. 9UA39Y 1401, iZ A99'faADT 912 Coiled 118.126 Acre Tract oui of a 145.5 Acre Tract out o) the I.&G.N.R.R. Survey 135, 139 and 140, and Section "0" Loureles Farm Tracts Vol. 3, Pg. 15, Map Records of Nueces County, Tdxas (Owner: Bill 3. Brown, Reagan Travila Brown and Alyssa Ann Brown McCoy) (Doc. No. 2015011169, 0.P.R.N.C.T.) 1 Of z 161.56 Acres 7.037.378 So.? t. Survey --� Line ;Iy CJA691LLA 181118ATIDAI I 00141588'],I 811,116`./140, BJA1-0 199, A98TFIAC-r 612 1A6,VBACT 99i �n Compony, o o N Q L S88'4'56"W 10 3.87' m e . 1. S C O V CC #w 0rp...J Itiz 31 i o 00 ° I a -"I 7 / O V ,; l<o,� sic �. 4o Q 1 n a 2- N89' 12'59"E "Point of Beginning" 2390.89' tz 985.82 14(15.07 Portion of 173.21 Acre Tract out of Section "0" Lourdes Farm Tracts Vol. 3, Pg. 15, Map Records of Nueces County, Texas (Owner: Elizabeth Anne Meaney, Trustee of the Lucy A. Haynes Trust) (Doc. No. 2014032038, 0.P.R.N.C.T.) S89'12'59"W 2083.85' �ry 2 00 Acres out of Section "D" Laureles Form Tracts ,^ Vol. 3, Pg. 15, Mop Records of Nueces County, Texas (Owner: Jeremy and Paige Scott) (Doc. No. 2016034176, 0.P.R.N.C.T.) Portion of Section "D", Laureles Farm Tracts_ Vol. 3, Fo. 15, Mop Records of Nueces County, Texos (Cwner: Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy) (Doc. No. 201 501 11 59, 0.P.R.N.0 T.) / 900 600 300 0 600 1200 1"=600' Annexation Tract Sketch to Accompany FIELDNOTES for a 161.56 Acre, Annexation Tract, being a portion of a 173.21 Acre Tract out of Section "0", Loureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 173.21 Acre Tract described in a Gift Deed from Mary Cecile Meaney, a married woman, as her separate property and estate to Elizabeth Anne Meaney Trustee of the Lucy A. Haynes Trust, as recorded in Document No. 2014032038, Official Public Records of Nueces County, Texas; said 161.56 Acre Tract also being a portion of County Road 33, and a portion of a 118.126 Acre Tract out of Cuadrilla Irrigation Company Survey No. Survey 139, Abstract 577 and I.&G.N.R.R. Survey No. 140, Abstract 612, as shown on the map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 118.126 Acre Tract described as Tract II in a Correction Warranty Deed from Sheilah London to Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy, as recorded in Document No. 2015011169, Official Public Records of Nueces County, Texas REV: Jan. 17, 2019 DATE: March 28, 2018 SCALE: 1n=600' JOB NO.: 42900.B7.03 SHEET: 1 of 2 DRAWN BY: RLG urbansurveyl@urbaneng.com 02019 by Urban Engineering 6 URBAN ENGINEERING len TM NO. 145, 10PL5 FIRM NO 10032x0 2725 51451804 OR, 001805 0191511. IH 78404 9)11019 561.654.3101 WAwUROANa1000Y URBAN] ifi 1nPE ROW NO. 115. MRS FlR4 10032100HD. 1021pp 2725 WANNERWANNERDR. CORPUSs avasn. TX 721401.aPRIMEPL 361.851.3101 M4W.UR9AYENAC0,1 REV: Jan, 17, 2019 DATE: March 28, 2018 SCALE: 1"=600' JOB NO.: 42900.B7.03 SHEET: 2 of 2 DRAWN BY: RLG urbansurveyl ®urbaneng.com 02019 by Urban Engineering a So* p ` 3p o9p ;4,' ca Bp4je�pra NV (Sy 3S)J Oso Creek CABANISS I f F.M. 43 r,/t a) C..) a ( j F.M. 43 S.H. 286 COUNT'OF CITY OF NUECES CORPUS CHRISTI LOCATION MAP N.T.S. REV: Jan, 17, 2019 DATE: March 28, 2018 SCALE: 1"=600' JOB NO.: 42900.B7.03 SHEET: 2 of 2 DRAWN BY: RLG urbansurveyl ®urbaneng.com 02019 by Urban Engineering Petition Requesting Annexation by Area Landowners (1 Tract, 161.56 acres) Proposed Resolution to Initiate Annexation Council Presentation February 26, 2019 Background • The Texas Local Government Code section 43.028 provides for a process that allows a property owner to petition for annexation. • This resolution is the first step in the process acknowledging the request and sets a schedule to conduct the required public hearings and possible Ordinance adoption that would annex the property. • No decision about the annexation is being made today. • Setting the schedule for the required public hearings and directing staff to develop a service plan. Background • The applicant previously submitted a petition to be annexed for 13.72 acres that was accepted by Council Resolution on April 24, 2018. • Council approved a reimbursement from the Wastewater Trunk Line fund for lift station and other related improvements on May 8, 2018. Aerial Overview of Annexation Tract 1 inch =1000 feet Legend London Towne Subdivision City Limits 25 0.5 1 Miles 4 Annexation Tract London ` School District 5 Annexation Schedule 2-26-2019 - City Council Annexation Resolution 3-15-2019 - Written Notices Mailed to Public & Private Service Providers 3-28-2019 - Public Notice for 1st Public Hearing 4-04-2019 - Public Notice for 2nd Public Hearing 4-16-2019 - 1st City Council Public Hearing 4-23-2019 - 2nd City Council Public Hearing 5-14-2019 - 1st Reading of an Ordinance 5-21-2019 - 2nd Reading of an Ordinance - Annexation Complete Staff Recommendation Accept the annexation petition and direct staff to prepare a service plan and fiscal impact estimate AGENDA MEMORANDUM City Council Meeting of February 26, 2019 DATE: TO: Mayor and Council February 21, 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, the Council requested an agenda item to discuss the creation of a Charter Review Committee. This presentation will provide background information on previous charter reviews and ask for Council direction on how to proceed with this 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 26, 2019 Background November 4, 2016 -Charter Amendment Election ■ Scope of the review 1) Review of Article II, 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 (Council members made nominations; Mayor appointed; Mayor appointed the chair). ■ Met 8 times — October 2015 to June 2016 (Nine months) ■ Committee recommended 11 propositions — presented final report on June 14, 2016 o Lengthening Council terms was discussed but a recommendation was not made. ■ Council placed 9 propositions on the ballot — all passed. 2 Background 2008-09 Charter Review Ad Hoc Committee ■ February 2008 (Council Retreat) - Scope of Review: Re- evaluate charter and review possible compensation; create internal auditor position. ■ Target election date - April 2009 General Election. ■ March 2008 — Charter Review Ad Hoc Committee was formed by Mayor and appointed by Council ■ April 7, 2008 to February 23, 2009 - Met for approximately 10 months ■ March 24, 2009 - Final report to the City Council * Secretary of State (SOS) — City could not place charter amendments on April 2009 ballot * Next available election date was November 2009. * Committee made presentation to outgoing Council since they were appointed by them. * Council expressed desire to consider current recommendations. A 3 Background 2008-09 Charter Review Ad Hoc Committee • 4/04/09 - City Council Elections (runoff in District 3) • 4/21/09 - Outgoing City Council endorses and amends the White committee's proposed amendments • 5/09/09 - Runoff Election held • 5/19/09 - New Council seated • 11/09 to 12/09 • New state law restricted City from holding general elections in April; required to select a uniform election date (May or November). (Deadline - Dec. 2010) • Plan for charter amendment election next year; ask for presentation from committee • 4/27/10 - Committee presented final report (five propositions; two recommendations) • 5/18/10 - Motion of direction to have charter amendment election in November 2010 • 8/24/10 - Ordinance calling for election • 11/02/10 - Charter Amendment Election • Six propositions placed on ballot — All passed 4 Summary ■ City charters cannot be amended more often than every two years (exactly 730 days). (Tx Constitution) ■ First available election date — November 2019 ■ Based on most recent historical data, a 10- to 12 -month period for committee review would be reasonable (completion within the appointing Council's term of office). ■ Pros and cons of uniform election dates in 2019 or 2020. >November 2019 — Constitutional election ➢May 2019 — Local elections (e.g. school districts) >May 2020 — Local elections (primary elections in March) ➢November 2020 — Presidential election e • • i'lliffi 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 desired) 4) Areas to be considered? — Scope of the review 5) Target election date? 6 Questions? 7 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 26, 2019 Action Item for the City Council Meeting of March 19, 2019 DATE: TO: January 22, 2019 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 Charlie Cardenas, P.E., Interim Director of Street Operations CharlieC2@cctexas.com (361) 826-1870 Construction Contract Traffic Signals and Lighting Improvements Project Bond 2014, Proposition 2 CAPTION: Ordinance appropriating $737,916 of anticipated revenues from the Texas Department of Transportation (TxDOT), amending the capital improvement budget and authorizing the execution of a construction contract with Siemens Mobility, Inc. of Austin, Texas in the amount of $1,885,543 for Traffic Signals and Lighting Improvements for the base bid only. (Bond 2014, Proposition 2) PURPOSE: This construction contract provides traffic signal improvements to nine (9) intersections for enhanced driver and pedestrian safety. BACKGROUND AND FINDINGS: This is a joint Texas Department of Transportation (TxDOT) / City project to implement traffic signal improvements. Only five intersections are eligible for TxDOT funding, the remaining four intersections are fully funded only by the City. The five intersections that are eligible for joint TxDOT funding through the Metropolitan Planning Organization Transportation Improvement Program (TIP) are on Ennis Joslin corridor. Project No: E15165 (Page 1) MA/LH Legistar No.: 19-0178 Rev. 1—/22/2019 On February 9, 2016 the City entered into an Interlocal Agreement with Texas A&M University Corpus Christi (TAMUCC) and an Advance Funding Agreement with TxDOT for traffic signal improvements on Ennis Joslin Corridor. The TxDOT / City cost sharing is (80/20) respectively. TAMUCC is also participating with the City for the signal improvements at Islander Way intersection in support of university expansion. The TAMUCC participation was $100,000 and qualifies as part of the City share. The following is a list of the nine intersections to receive new traffic signals or upgrades: 1. Ennis Joslin © Islander Way (new) 2. Ennis Joslin @ McArdle (new) 3. Ennis Joslin © Nile (upgrades) 4. Ennis Joslin © Alameda (upgrades) 5. Ennis Joslin @ Ocean (upgrades) 6. Ocean @ Island Blvd (upgrades) 7. Ocean © Sand Dollar (upgrades) 8. Ocean © Doddridge (upgrades) 9. McArdle © Nile (new) The new traffic signals and upgrades to the existing traffic signals on Ennis Joslin provide full interconnectivity of all signals to improve sequencing and support potential evacuation of university in the event of an emergency. Construction consists of new foundations, mast arms poles, signal heads, pedestrian poles, pedestrian heads, conduits and conductors, controllers, cabinets, cameras, electrical services, ADA ramps, signage, and pavement markings. The project was developed with a Base Bid for all nine traffic signal improvements with two Deductive Alternates to delete one signal each. The Deductive Alternates were provided to allow the award if bid prices exceeded the available funding limits. The City received proposals from two (2) bidders as follows: Contractor Base Bid Deductive Alternate 1 Deductive Alternate 2 Signal Services Group Inc. 1,642,908.00 {1116,959.00) {168,287.50) Siemens Mobility Inc. of Austin, Texas 1,885,543.00 (185,576.00) (200.047.00) Engineer's Opinion Probable Construction Cost 1,400,000.00 The low bidder was determined as non-responsive for failure to submit a Bid Bond and Power of Attorney. Therefore, the lowest responsive and responsible bidder is Siemens Mobility Inc. ALTERNATIVES: 1. Authorize execution of construction contract. (Recommended) 2. Do not authorize execution of construction contract. (Not Recommended) OTHER CONSIDERATIONS: Prioritized list of construction is as follows: 1. Ennis Joslin Road @ Islander Way traffic signal 2. Ennis Joslin Road @ McArdle Road Project No: E15165 (Page 2) MA/LH Legistar No.: 19-0178 Rev. 1—/22/2019 3. All others at contractors' discretion. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. Conforms to FY 2019 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Operations Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 341,802 2,296,114 2,637,916 Encumbered / Expended Amount 341,802 341,802 This item 1,885,543 1,885,543 Future Anticipated Expenditures This Project 409,807 409,807 BALANCE 0 764 764 Fund(s): Street Bond 2014, TxDOT, TAMU RECOMMENDATION: Staff and the design engineer, Maldonado Burkett, recommend award to Siemens Mobility, Inc. for the base bid only. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation Project No: E15165 (Page 3) MA/LH Legistar No.: 19-0178 Rev. 1—/22/2019 ORDINANCE APPROPRIATING $737,916 OF ANTICIPATED REVENUES FROM THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT), AMENDING THE CAPITAL IMPROVEMENT BUDGET AND AUTHORIZING THE EXECUTION OF A CONSTRUCTION CONTRACT WITH SIEMENS MOBILITY, INC. OF AUSTIN, TEXAS IN THE AMOUNT OF $1,885,543 FOR TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS FOR THE BASE BID ONLY. (BOND 2014, PROPOSITION 2) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. $737,916 of anticipated revenue from the Texas Department of Transportation is appropriated into Fund No. 3530, Project E15165 for the Traffic Signals and Lighting Improvements SECTION 2. The FY 2019 Capital Improvement Budget adopted by Ordinance No. 031550 is amended to add $737,916 of anticipated revenue from the Texas Department of Transportation to the Traffic Signals and Lighting Improvements (Street Bond 2014 Proposition 2) SECTION 3. Revenues and expenditures in the amount of $737,916 are increased in the FY 2019 Capital Improvement Program Budget adopted by Ordinance No 031550. SECTION 4. The low bid of Signal Services Group Inc is rejected as nonresponsive for failure to comply with bid requirements. SECTION 5. The City Manager or designee is authorized to execute a construction contract with Siemens Mobility, Inc. of Austin, Texas as the lowest responsive, responsible bidder in the amount of $1,885,543 for Traffic Signals and Lighting Improvements for the base bid. (Street Bond 2014 Proposition 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 PROJECT BUDGET ESTIMATE Traffic Signal and Lighting Improvements Street Bond 2014 Poposition 2 FUNDS AVAILABLE: Street Bond 2014 $1,856,000 Texas Department of Transportation 737,916 Texas A & M University - Corpus Christi 100,000 TOTAL FUNDS AVAILABLE $2,693,916 FUNDS REQUIRED: Construction and Contingency Fees 2,092,217 Construction (Siemens Mobility, Inc.) 1,885,543 Contingency (10%) 188,554 TxDOT Oversight 18,120 Construction Testing and Inspection Fees. 125,237 Construction Material Testing Agreement Estimate 33,000 Construction Inspection Estimate 92,237 Design Fees. 341,802 Professional Services Contract (Maldonado Burkett, Inc.) 341,802 Reimbursements and Miscellaneous Fees. 133,895 Contract Administration (Eng Admin/Capital Budget/Finance) 52,758 Engineering Services (Project Mgmt/Constr Mgmt) 79,137 Misc 2,000 TOTAL $2,693,152 ESTIMATED PROJECT BUDGET BALANCE $764 SCALE: N.T.S. CITYWIDE PROJECT NUECES BAY c CORPUS CHRISTI BAY rolls �eua UNNER:MY 444 LACUNA IAADRE _ocations: 1. Ennis Joslin Rd @ McArdle Rd 2. Ennis Joslin Rd @ Islander Way 3. Ennis Joslin Rd @ Nile Dr 4. Ennis Joslin Rd @ Alameda St 5. Ennis Joslin Rd @ Ocean Dr 6. Ocean Dr @ Island Blvd 7. Ocean Dr @ Sand Dollar Blvd 8. Ocean Dr @ Doddridge St 9. McArdle Rd @ Nile Dr LOCATION MAP NOT TO SCALE GULF OF MEXICO Project Number: E15165 TRAFFIC SIGNALS AND LIGHTING IMPRROVEMENTS BOND 2014, PROPOSITION 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES MALDONADO-BURKETT `Innovative Engineering Services" January 2, 2019 Marisa Alaniz, P.E. Project Manager Engineering Services City of Corpus Christi Re: Project #E15165 Traffic Signals and Lighting Improvements Bond 2012/2014 — Task 1 — RE -BID Contractor Recommendation for base bid award Ms. Alaniz• We received two base bids from Signal Services Group, Inc. and Siemens Mobility, Inc. for the construction of (9) nine fully functional traffic signals city wide. Siemens Mobility, Inc. and Signal Services Group, Inc. have submitted their statements of qualifications and IMSA certification as required in Item 600.3 Section B General Information. Signal Services Group, Inc. was lowest bidder but was determined non-responsive for failure to submit required bid bond with proposal. Bids came in higher than expected, due to the rising cost of steel traffic signal poles and traffic control. Siemens Mobility, Inc. has submitted all documentation as required. Therefore, based on these credentials, we recommend Siemens Mobility, Inc. be awarded the base bid for the project referenced above and given notice to proceed at the City's discretion. If you have any questions please feel free to contact me. Regards, Ramon H. Maldonado, Jr., P.E. Managing Partner 3833 SOUTH STAPLES ST SUITE N214 CORPUS CHRISTI, TX 78411 Office: 361-236-4611 www.mbitsgroup.com Corpus Chr sti Engineering Traffic Signals and Lighting Improvements BOND 2014, Proposition 2 Council Presentation February 26, 2019 Project Location Corpus Chr'sti Engineering TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014, PROPOSITION 2 TEXAS A&M UNIVERSITY CORPUS CHRISTI N SCALE: N.T.S. Locations: L Ennis Joslin Rd @ McArdle Rd 2. Ennis Joslin Rd @ Islander Way 3. Ennis Joslin Rd @ Nile Dr 4. Ennis Joslin Rd @ Alameda St 5. Ennis Joslin Rd @ Ocean Dr 6. Ocean Dr W Island Blvd 7. Ocean Dr @ Sand Dollar Blvd 8. Ocean Dr iR Doddddge St 9. McArdle Rd @ Nile Dr CORPUS CHRIS NAVAL AIR STA FLOUR BLUFF 2 Project Scope Corpus Chr sti Engineering Provides traffic signal improvements at 9 intersections summarized below: Ennis Joslin @ Islander Way Ennis Joslin @ McArdle Ennis Joslin @ Nile Ennis Joslin © Alameda Ennis Joslin @ Ocean Ocean @ Island Blvd Ocean @ Sand Dollar Ocean @ Dodd ridge McArdle @ Nile (new) (new) (upgrades) (upgrades) (upgrades) (upgrades) (upgrades) (upgrades) (new) Joint TxDOT & City participation with TAMUCC participation for Islander Way only City City City City • New traffic signals include foundations, mast arms poles, signal heads, pedestrian poles, pedestrian push button poles, pedestrian signal heads and other equipment with ADA ramps, signage and pavement markings • Upgrades typically include new cameras, controllers and miscellaneous improvements with current technology • Traffic signals on Ennis Joslin include interconnectivity to improve sequencing and support of potential emergency evacuation Project Schedule Corpus Chr'sti Engineering 2018 I 2019 it a 0 > 0 Z V a) C1—) a) u. BID ct 2 8. a co 2—) C 0) a Q CD N Vi+ 0 O Z CONSTRUCTION Projected Schedule reflects City Council award in March 2019 with anticipated completion in November 2019 (9 months). AGENDA MEMORANDUM First Reading Ordinance for City Council Meeting of February 26, 2019 Second Reading Ordinance for City Council Meeting of March 19, 2019 DATE: February 20, 2019 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Dan Grimsbo, Executive Director of Water Utilities dang@cctexas.com (361) 826-3851 Amendment to Chapter 55 Code of Ordinances, Article XVII, Maintenance and Operation of Grease Interceptors CAPTION: Ordinance amending Chapter 55, Code of Ordinances, Article XVII, Maintenance and Operation of Grease Interceptors and Oil/Sand Interceptors, Sections 55-219 through 55-223. PURPOSE: The purpose of this item is to amend the Code of Ordinances related to the installation, maintenance, operation, and cleaning of interceptors. BACKGROUND AND FINDINGS: Every day, commercial kitchens produce large amounts of Fats, Oils, and Grease (FOG). If directly entering the sanitary sewer system without any pretreatment measures, FOG will adhere to the sides of the sewer lines and begin to buildup, eventually causing a blockage. The accumulation of FOG in the sanitary sewer systems is a leading cause of sewer blockages across the U.S. The City of Corpus Christi has implemented a FOG Control Program to minimize blockages and sanitary sewer overflows (SSOs) in the collection systems. City ordinances impose various requirements for sewer system users including the installation and maintenance of grease interceptors, oil/sand interceptors, and related devices (Grease Removal Device or GRDs) within the sewer system. The following provisions of the City of Corpus Christi Code of Ordinances provide the legal authority for the enforcement of the City's FOG Control Program. • Chapter 14, Section 14-281, Plumbing Code • Chapter 55, Article XI, Commercial and Industrial Waste Disposal and Pretreatment • Chapter 55, Article XIII, Liquid Waste Transport and Disposal • Chapter 55, Article XVII, Maintenance and Operation of Grease interceptors and Oil/Sand interceptors To further keep City's sanitary sewer system functioning properly and reduce operational and maintenance costs, City staff proposes the following amendments to Chapter 55, Article XVII. New Ordinance Section Current Ordinance Section Proposed Ordinance Amendments 55-220(a) Installation of interceptors 14-207: Violation for person, firm, corporation or agent to violate the technical codes Adds: Owner, operator or manager of a premises shall install an interceptor as required by the City Plumbing Code. 55-220(b) Maintenance of interceptors Section 55-220 (a)(1) Maintained in an efficient operating condition Keep current and add: maintained in the original manufacturer's condition and must not be altered. It shall be a violation to fail to clean or maintain interceptor. 55-220(c) Cleaning required 55-220(a) Minimum of once a quarter Add new provisions to prompt cleaning. 55-220(d) Records 55-220(b) Owner, operator, or manager to maintain interceptor reports for previous twelve-month period Owner, operator, or manager to maintain interceptor reports for previous five-year period 55-220(e) Grease, oil, and sand collected 55-220 (c) shall be taken to authorized facility for disposal shall be taken to authorized facility for disposal by a liquid waste hauler that holds a current valid permit issued by the City for this activity. 55-220 (f) Use of bacteria and chemicals prohibited 55-220 (d) prohibited without approval Change to strictly prohibited 55-221 Inspection of interceptor 55-145 Annual compliance monitoring Add new section regarding inspection frequency and compliance requirements. ALTERNATIVES: NA OTHER CONSIDERATIONS: On December 17, 2018, a City Wastewater Pretreatment representative met with the Coastal Bend Restaurant Association Board of Directors to discuss proposed Ordinance changes and to request to speak at the next general member meeting. The Board agreed to allow City staff to speak and added the item to the January agenda. On January 29, 2019, City staff conducted a meeting with the Coastal Bend Restaurant Association to discuss the proposed amendments to the City Ordinance. Approximately 20 Coastal Bend Restaurant Association representatives were in attendance. CONFORMITY TO CITY POLICY: The proposed amendment conforms to City policy. EMERGENCY/NON-EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Water Utilities Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital I] Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not applicable RECOMMENDATION: Staff recommends authorizing the Ordinance amendment as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending Chapter 55, Code of Ordinances, Article XVII, Maintenance and Operation of Grease Interceptors and Oil/Sand Interceptors, Sections 55-219 through 55-223 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 55, City of Corpus Christi Code of Ordinances, Article XVII, is revised to to delete the following struck -through text and insert the following underlined text: ARTICLE XVII. MAINTENANCE AND OPERATION OF GREASE INTERCEPTORS AND OIL/SAND INTERCEPTORS Sec. 55 220. Maintenance and operation of interceptors. Sec. 55 221. Undersized interceptors. Sec. 55 222. Enforcement. Secs. 55 223 55 245. Reserved. Sec. 55-219. Definitions In this article, the following terms are defined as: "Director" means the department director over wastewater operations, or designee. "Interceptor". The term "interceptor" includes grease removal devices, oil/sand interceptors, and related devices. Sec. 55-220. Installation, Maintenance, -and -operation, and cleaning of interceptors. (a) Cleaning rcquircdlnstallation of Interceptors. The owner, operator or manager of a premises shall install an interceptor as required by the City Plumbing Code. (b) Maintenance of interceptors. The owner, operator or manager of a premises with an interceptor shall be required to maintain the interceptor as follows: {1) Interceptors shall be cleaned a minimum of once a quarter. al Interceptors must be maintained in an efficient operating condition by removal of accumulated grease, oil, or sand. Interceptors must be maintained in the original manufacturer's condition and must not be altered. -{2) The wastewater superintendent may require more frequent cleaning of interceptors than once a quarter or upgrading of an interceptor to the current requirements in the Plumbing Code, if the interceptor discharges grease, oil, or sand into the sanitary sewer system. (2) It shall be a violation for the owner, operator or manager of with an interceptor to fail to clean or maintain an interceptor as required by this City Code. (cia) Cleaning required. The owner, operator or manager of a premises with an interceptor shall be required to clean the interceptor as follows: 1 (1) Unless otherwise authorized in writing by the Director, all interceptors must be completely cleaned and pumped out by a City -permitted waste hauler upon the earliest occurrence of any of the following events: a. The accumulation of fats, oil, or grease and other solids in the last downstream compartment of the interceptor is 25% or more of the interceptor's designed depth; or b. The grease layer thickness in the last downstream compartment of the interceptor is six (6) inches or more; or c. Any discharge from the interceptor exceeds levels established by the City by ordinance in Section 55-141 of this Code of Ordinances as amended. or d. Every 90 days since the last cleaning; or e. Inspection from the City's wastewater collection mains indicates grease discharge from the interceptor. (2) In no case will the frequency of cleaning and pumping be less than once every six months unless the interceptor has been removed or taken out of service by disconnecting the interceptor piping and bypassing all flow around the interceptor. Interceptors taken out of service must be cleaned and drained to remove any standing water and must not create an odor nor health or safety nuisance. (b)(de) Records. (1) The owner, operator, or manager of a premises which has a interceptor shall have records that show all of the items listed under section 55-164(b), Manifest Contents. (2) The owner, operator, or manager of the establishment premises that utilizes an interceptor shall maintain a file that includes, at a minimum, maintcnancc manifest reports for the current month and the previous twelve month five year period. The records shall be kept on the premises at all times and shall be made available for review during normal business hours upon request by the wastewater superintendent or his authorized representative Director. (c)d) Grease, oil, and sand collected. The grease collected from a grease interceptor, any waste cooking oils and greases used in food preparation, or any oil or sand from a oil/sand interceptor may not be discharged into any sanitary or storm sewer. The grease, cooking oil, cooking grease, oil, or sand collected shall be taken to an authorized facility for disposal by a liquid waste hauler that holds a current valid permit issued by the City for this activity. (d) (fe) Use of bacteria and chemicals prohibited_ without approval. No bacteria or chemicals may be added to an interceptor without the approval of the wastewater superintendent. The wastewater basis, if the bacteria or chemical will not cause problems in either the sanitary sewer system or publicly owned treatment works The introduction in the interceptor or associated plumbing of additives such as bacteria, enzymes, emulsifiers, or similar agents designed for the purpose of emulsifying or controlling discharge of fats, oils and grease is strictly prohibited. (Ord. No. 23652, § 1, 5-25-1999) Sec. 55-221 Inspection of interceptor. (a) The Director may conduct random inspections of interceptors at any time during regular business hours to ascertain whether the interceptor is being properly cleaned and maintained.. 2 (b) The purpose of the inspection is to determine compliance with the provisions in subsection (d). (c) The initial inspection occurs within six months of issuance of a City permit for installation of the interceptor. Thereafter, the inspection will be an annual inspection, so long as the interceptor is operated in compliance with the requirements in subsection (d). (d) The regular inspection frequency is determined by the Director by a performance based system based on compliance with all of the following requirements: (1) The interceptor must be properly and timely cleaned and pumped in accordance with Section 55-220 and written directives from the Director. (2) The accumulation of grease and solids in the last downstream compartment of the interceptor must be less than 25% of the interceptor's designed depth. (3) The grease layer thickness in the last downstream compartment of the interceptor must be less than six inches. (4) Any discharge from the interceptor must not exceed levels established in Section 55-141 of this Code of Ordinances. (5) The interceptor must not discharge fats, oils, or grease or any other unpermitted matter into the sanitary sewer. (6) The fats, oils and grease must be removed and transported and disposed in accordance with Article XIII of this Code of Ordinances. (e) If the premises is on an annual inspection and remains in compliance with subsection (d ) for two successive annual inspections, then the regular inspection frequency is adjusted to thirty-six month inspection frequency. (a)(f) If at any time the premises is not in compliance with the requirements of subsection (d), then the regular inspection frequency is increased to minimum of every six months, depending upon the severity of the violation as determined by the Director. Thereafter, if the premises complies with all 3 provisions in subsection (d) for two consecutive six-month inspections, the inspection frequency is returned to annual inspection. The owner, operator or manager of a premises shall make the sampling port of an interceptor readily accessible to the City employees or its contractors or agents for inspection and monitoring activities. Sec. 55-22155-222. Undersized interceptorsReplacement of interceptors. (a) An undersized grease interceptor installed prior to November 1, 1993, which does not have additional future fixtures installed, is not be required to be replaced in conformance with the current Plumbing Code, provided that the interceptor does not discharge grease into the sanitary sewer system. (b) The wastewater superintendentDirecto may require any interceptor which discharges grease into the sanitary sewer system to be replaced with a grease interceptor which conforms to the sizing standards set out above City Plumbing Code. (c) The owner, operator, or manager of a premises that has a grease interceptor, which discharges grease into the sanitary sewer system, shall replace the interceptor within six (6) months from the date of an order issued by the wastewater superintendentDirector. (Ord. No. 23652, § 1, 5-25-1999) Sec. 55 222. 55-223 Enforcement. (a) General. Failure to timely clean and keep grease interceptors and sand/oil interceptors clean causes or may cause substantial interference to the publicly owned treatment works, or may cause damage to sanitary sewer facilities or structures, or otherwise may create an emergency condition requiring immediate corrective action. The cleaning of the interceptors and the record keeping required in conjunction therewith is subject to enforcement in the same manner as for violations of the Commercial and Industrial Waste Disposal and Pretreatment Ordinance, section 55-146 Enforcement. Sampling port accessibility. The sampling port of a grease interceptor must be readily accessible to city employees for monitoring activities.(c) L) Compliance with commercial and industrial waste disposal and pretreatment ordinance required. The owner, operator, or manager of a premises which has an interceptor grease interceptor or sand and oil interceptor shall comply with the Commercial and Industrial Waste Disposal and Pretreatment Ordinance, sections 55-140-55-149. (d)Lc.) Penalties. The penalties in section 55-146 Enforcement also apply to a violation of this article. (Ord. No. 23652, § 1, 5-25-1999) 4 Secs. 55-223224-55-245. Reserved. SECTION 2. The term "Texas Natural Resource Conseration Commission (TNRCC)" is replaced with Texas Commission on Environmental Quality (TCEQ) throughout Chapter 55. SECTION 3. The term "wastewater superintendent" or "superintendent" is replaced with "Director over Wastewater Operations" throughout Chapter 55. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by City Charter of the City of Corpus Christi. The ordinance takes effect on publication. Penalties are as provided in Section 55-223. SECTION 5. Severability. It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would not have been enacted by the City without the incorporation into this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6. The change in law made by this Ordinance applies only to an offense committed on or after the effective date of this Ordinance. An offense committed before the effective date of this Ordinance is governed by the Ordinance in effect when the offense was committed, and the former Ordinance is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Ordinance if any element of the offense occurred before that date. 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 6 Ordinance Amendment Maintenance and Operation of Grease Interceptors Council Presentation February 26, 2019 Ordinance Amendment • Amend Chapter 55, Article XVII, Sections 55-219 through 55-223, to comply with updated regulatory requirements • Commercial kitchens improve their Fats, Oils, and Grease (FOG) management • Reduces sanitary sewer overflows caused by FOG • Reduces City's operational and maintenance costs of sanitary sewer system • Improves City's Code Enforcement ability Commercial Grease Interceptor Fats, Oils, and Grease (FOG) • Commercial kitchens produce large amounts of FOG. • Grease Interceptors are required and must be maintained. 4 Fats, Oils, and Grease (FOG) • FOG control measures are required to minimize blockages and sanitary sewer overflows MSI 1754 TO 1/4/2012 € i rL i ne / St Fats, Oils, and Grease (FOG) • Proper installation, maintenance, operation, and cleaning of grease interceptors is required. Proposed Amendments New Ordinance Section Current Ordinance Section Proposed Ordinance Amendments 55-220(a) Installation of Interceptor 55-220(b) Maintenance o Interceptor 55-220(c) Cleanin required 14-207: Violation for person, firm, corporation or agent to violate the technical codes Adds: Owner, operator or manager of the premises shall install an interceptor as required by the City Plumbing Code. Section 55-220 (a)(1) Maintained in an efficient operating condition. Keeps current section and add: maintained in original manufacturer's condition and must not be altered. It will be a violation to fail to clean or maintain interceptor. 55-220(a) Minimum of once a Adds new provisions to prompt quarter cleaning. Proposed Amendments New Ordinance Section Current Ordinance Section Proposed Ordinance Amendments 55-220(d) Records 55-220(e) Grease, oil, and sand collected 55-220 (f) Use of bacteria and chemicals Prohibited 55-221 Inspection of Interceptor 55-220(b) Owner, operator, or manager to maintain interceptor reports for previous 12 -month period 55-220 (c) shall be taken to authorized facility for disposal 55-220 (d) prohibited without approval 55-145 Annual compliance monitoring Changes: Owner, operator, or manager to maintain interceptor reports for previous five-year period Adds: Shall be taken to authorized facility for disposal by a liquid waste hauler that holds a current valid permit issued by the City. Changes to strictly prohibited Adds new section regarding inspection frequency and compliance requirements. Stakeholder Outreach & Education • Development of a comprehensive communication plan regarding commercial fats, oils, and grease. • Identify and engage multiple commercial stakeholders to convey and exchange information. • Develop and implement education materials/ resources for commercial stakeholders and their employees for the proper disposal of fats, oils and grease. AGENDA MEMORANDUM First Reading for the City Council Meeting of February 26, 2019 Second Reading for the City Council Meeting of March 19, 2019 DATE: February 18, 2019 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, P.E., Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director of Public Works valerieg©cctexas.com (361) 826-3729 Jeff H. Edmonds, P.E., Director of Engineering Services j effreye@cctexas. corn (361) 826-3851 Granting a Revocable Pipeline Easement to Epic Y Grade Pipeline, LP CAPTION: Ordinance accepting $151,721 of revenue and authorizing execution of a Revocable Easement with a Temporary Construction Easement to Epic Y Grade Pipeline, LP. PURPOSE: This ordinance conveys a Revocable and Temporary Construction Easement to Epic Y Grade Pipeline, LP to allow removal, construction, operation, and maintenance of two pipelines for the transportation of oil, gas, or other hydrocarbon product on two City properties. The ordinance appropriates the compensation received into the operating account of the City's Water Department. BACKGROUND AND FINDINGS: Epic Y Grade Pipeline, LP (Epic) is currently constructing a 650 -mile long pipeline from the Permian and Eagle Ford Basins to the Gulf Coast. They have requested a fifty foot wide permanent easement located across two tracts of land owned by the City located southeast of the O.N. Stevens Plant. As shown on the attached Council Exhibit, the Epic 1 Legistar No. 19-0320 SG/GH Rev. 2 — 2/20/19 easement will be located west of and adjacent to an existing fifty -foot wide revocable easement conveyed to TexStar Pipeline LP in 2015. The Epic 1,296 -foot long easement is limited to two pipelines, a 16 inch and a 30 inch pipeline, which will carry "Y" grade natural gas liquid or NGL. The easement will also convey a variable width temporary construction easement which will expire upon completion of the pipeline. Epic will use horizontal boring to construct their pipelines under existing City water transmission lines. The Epic pipelines will have a minimum vertical clearance of twelve (12) feet between their pipelines and the City's water transmission lines. The City will closely monitor the boring operations, as well as any other construction adjacent to its water transmission lines. The City has agreed to grant a Revocable Easement instrument for the amount of $151,721. This amount of compensation, based on past pipeline easement conveyances, was calculated based on pipe size, pipe length, and easement areas. The easement language contains terms and conditions which pertain to construction standards and compliance with laws. Epic has recently acquired and recorded a Pipeline License from the City for crossing City right-of-ways. The easement is revocable by the City if Epic violates and fails to comply with any of the laws, rules, or regulations of the Department of Transportation, Railroad Commission, and City ordinances. Epic will also full indemnify the City against any and all liability, damage, loss claims and actions of any nature. Authorization to convey easement and land rights from City land is required by City Council. There is no title company participation required in the conveyance of this easement. ALTERNATIVES: Do not convey the easement to Epic Y Grade Pipeline, LP. This could lead to legal action of eminent domain proceedings by Epic as they are registered as a common carrier pipeline company with eminent domain rights in the State of Texas. OTHER CONSIDERATIONS: Epic needs this Revocable Easement to be able to construct this 1,296 foot section of the subject pipeline. CONFORMITY TO CITY POLICY: The City is authorized under its home -rule authority, as well as under the grant of powers under Section 1, Article X of the Charter, to convey this easement. This ordinance also conforms to Section 1, Article IX of the Charter. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering and Water Departments 2 Legistar No. 19-0320 SG/GH Rev. 2 — 2/20/19 FINANCIAL IMPACT: [ ] Operating [x] Revenue [ ] Capital [ ] Not applicable Fiscal Year: 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 151,721 151,721 BALANCE Fund(s): Comments: No expenditures are requested. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Revocable Easement Vicinity Map 3 Legistar No. 19-0320 SG/GH Rev. 2 — 2/20/19 Ordinance accepting $151,721 of revenue and authorizing execution of a Revocable Easement with a Temporary Construction Easement to Epic Y Grade Pipeline, LP. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: That a 50 -foot wide Revocable Easement with a variable width Temporary Construction Easement be granted to Epic Y Grade Pipeline, LP, for the purpose of constructing, operating, maintaining, repairing and removing a 16 -inch and 30 -inch pipeline across two City owned properties southeast of the O.N. Stevens Water Treatment Plant in Corpus Christi, Nueces County, Texas, for the amount of $151,721 to be paid to the City. SECTION 2: Revenue in the amount of $151,721 is accepted from Epic Y Grade Pipeline, LP. SECTION 3: That the City Manager or designee is authorized to execute the Revocable Easement and other related documents for the conveyance of the revocable easement. That the foregoing ordinance was read for the first time and passed to its second reading on this 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 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, this day of , 2019 ATTEST: Rebecca Huerta City Secretary Mayor EPIC Y -GRADE PIPELINE EASEMENT City Land TEXSTAR PIPELINE EASEMENT City Land VICINITY MAP NOT TO SCALE REVOCABLE PIPELINE EASEMENT TO EPIC Y -GRADE PIPELINE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES ww REVOCABLE EASEMENT (Epic Y Grade Pipeline LP, Tract TX -NU -021.00, 022.00) THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That, the City of Corpus Christi, a Texas home -rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting by its duly authorized City Manager, or designee, ("City Manager") in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by EPIC Y GRADE PIPELINE LP, whose address is 18615 Tuscany Stone, Suite 300, San Antonio, Bexar County, Texas, ("Grantee"), the receipt of which is acknowledged, and the further consideration of "Grantee" complying with the City's Hazardous Substances, Liquids, and Gas Pipelines and Distribution System Ordinance, Article VII Chapter 35 Code of Ordinances, and City's pipeline ordinance, Article VII Chapter 49 Code of Ordinances, as amended, has GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said EPIC Y GRADE PIPELINE LP, the right to relocate, install, operate, repair, replace, and maintain up to two pipelines, one not to exceed sixteen (16) inches in diameter, and the other not to exceed thirty (30) inches in diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers for the transportation of natural gas, gaseous products, crude oil, and other hydrocarbons or minerals, whether in gaseous or liquid form, across, under and upon the land owned by Grantor described on the attached Exhibit A and shown on the attached Exhibit B. TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns, together with the right to enter upon Grantor's tract of land as shown on the attached and incorporated Exhibit "A and B", for the purpose of relocating, installing, operating, repairing, replacing, and maintaining said Improvements under the following conditions. 1. Definitions: a) City means the City of Corpus Christi, a Texas home -rule municipal corporation. b) Grantor means City, and may be used interchangeably with City. c) City Manager means the City's City Manager or his designee. d) Director means City's Director of Engineering Services or his designee. e) Risk Manager means City's Director of Risk Management or his designee. f) City Attorney means City's City Attorney or his designee. g) Grantee means Epic Y Grade Pipeline LP. Revocable Easement Epic Y Grade Pipeline, LP 1 of 17 h) Improvements means two refined products pipeline not to exceed sixteen (16) inches in diameter and one not to exceed thirty (30) inches in diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers all within City property. i) Contractor means Grantee's agent to construct, maintain, replace, repair, or remove the Improvements. j) Exhibit A and B means the Exhibits, whether 1 or more pages, showing the locations where the Improvements enter or cross City property. k) City Utilities means the City's Water, Wastewater, Storm Water and Gas divisions. I) Franchisees' Preexisting Improvements means those improvements owned or operated by a franchise or licensee of the City that were in place prior to the Improvements installed under this Revocable Easement. m) Utilities Representative means the applicable City Utilities representative that needs to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine relocation, installation, operation, repair, replacement, and maintenance work the Utilities Representative will be the appropriate Water, Wastewater, Storm Water or Gas division foreman on duty. The City has Water, Wastewater, and Gas crews on duty or on-call 24 hours a day, 365 days a year. The Water Representative, the Wastewater Representative, the Gas Representative, and the Drainage Representative is the respective name for each division's authorized representative as set out above, and collectively called the Utilities Representative. n) Franchisee's Representative means the representative of a City franchisee or licensee that has preexisting Improvements within 2 -feet of the proposed Improvements that need to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine installation, maintenance, or repair work each franchisee's or licensee's representative (e.g. the SWBT Representative, the AEP Representative) will be contacted. The franchisee and licensee representatives are collectively called Franchisee's Representative. o) City Inspector means that person acting on behalf of a City Utility or the City Street Department inspecting the relocation, installation, operation, Revocable Easement Epic Y Grade Pipeline, LP 2 of 17 City Street Department inspecting the relocation, installation, operation, repair, replacement, and maintenance of the Improvements. p) Revocable Easement Area means that portion of City property upon which the Improvements will be installed, operated, repaired, replaced, and maintained. 2. Construction Standards. All work proposed by Grantee to install, repair, or replace the Improvements will equal or exceed Department of Transportation Pipeline Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 - Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the Improvements. 3. Compliance with Laws. In installing, operating, maintaining, repairing, or replacing the Improvements Grantee must comply with all applicable Federal, State, County, and City laws and ordinances, and all amendments thereto, and secure all necessary permits from the appropriate agencies, including but not limited to, City Code of Ordinances Chapter 35, Article VII, which provides for emergency response coordination for pipelines transporting hazardous substances, liquids, and gases, including information reporting requirements for existing and new pipelines. 4. Depth Limits and Water Transmission Pipeline Clearances . Grantee must install, replace, repair, and maintain the Improvements so that no portion of the pipeline will be any shallower than 36 -inches from existing ground or roadway pavement. Grantee will also maintain a minimum of twelve (12') feet clearance between Grantee's pipelines and any City water transmission pipelines. Grantee must notify the Texas One -Call for utility locations in the Revocable Easement Area at least 48 hours prior to the start of construction. 5. Crossing or Ditch Requirements. Prior to any repair or replacement of the Improvements, Grantee must provide protection at all road crossings or ditches, by either casing, extra pipe wall thickness, concrete jacketed pipe, or other means approved by the Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the method on the construction plans. Grantee will maintain a minimum clearance of ten (10') feet between Grantee's pipelines and Grantor's concrete lined drainage channel located on Grantor's property. 6. Operating Pressure. Grantee's maximum operating pressure for the Improvements must not exceed design limitations as set forth in the Railroad Commission or Federal D.O.T. regulations for the size and type of line to be installed and operated. 7. 60 Day Revocation. Grantee understands and agrees that the right and easement herein granted may be revoked at any time by the City of Corpus Christi acting through its City Manager, and Grantee may be required to remove the Improvements at Revocable Easement Epic Y Grade Pipeline, LP 3 of 17 Grantee's sole expense upon 60 days' notice in writing. If Grantee is in violation of Department of Transportation or Railroad Commission laws, rules, or regulations, or City ordinances, Grantee will be given written notice of the violation and 30 days from receipt of such notice to commence to cure the stated violations, within the overall 60 day period. If after the 30 day cure period has expired and Grantee has not cured the violations, this Revocable Easement may be revoked and Grantee may be required to remove the Improvements upon 30 days' notice in writing: provided however that if Grantee has commenced to cure the stated violation but has not completed same with the 30 day cure period, Grantee may proceed to cure such violation and this Revocable Easement shall not be revoked. 8. Improvements Markers. Grantee will place markers at the points where such Improvements enter or leave a public street or drainage right-of-way or other City property. Such markers must be of permanent construction bearing Grantee's name and emergency telephone number and placed on the edge of the public right-of-way. 9. Assignability. This Revocable Easement, and all its terms and conditions, bind and inure to the benefit of Grantor and Grantee and their respective lessees, licensees, successors, and assigns. Grantee may assign this Revocable Easement to any person, firm, corporation, partnership, or other entity, with the prior written consent of Grantor's City Manager, which consent will not be unreasonably withheld. Any assignment must provide that the assignee unconditionally assumes all the duties and obligations of assignor upon the same terms and conditions as set out in this Revocable Easement, which assumption of duties and obligations is partial consideration for Grantor's consent to the assignment. 10. Construction Drawings & As-Builts. Grantee must provide Director with a set of construction plans for all work proposed for the Improvements located within the Revocable Easement Area. one month prior to the start of construction, for Director's review and approval. The plans will tie the centerline of the proposed Improvements to the centerline of the Revocable Easement Area. Any centerline improvements will also be tied to the existing utility centerlines. The Grantee must provide the Director with a complete depth profile, distance, and location of its Improvements from existing City utilities, other franchised utilities, and other pipelines, that fall within the Revocable Easement Area. The Grantee is advised that centerline of proposed Improvements must have a minimum centerline to centerline horizontal distance as shown in the table below: Water - 60" TimeWarner - 12" KMC - 12" Wastewater - 18" SWB/AT&T - 12" ICG - 12" Gas - 18" AEP (CPL) - 12" Grande(ClearSource) - 12" Storm Water - 18" ESPIRE - 12" Caprock - 12" The Grantee must provide the Director with a 24"x36" size reproducible set of as -built drawings of the Improvements within 60 days after completion of construction; failure to do so may result in Grantee's Revocable Easement being forfeited by the City. 11. Insurance. The Grantee must not commence work under this Agreement Revocable Easement Epic Y Grade Pipeline, LP 4 of 17 until it and its Contractor have obtained through self-insurance or insurance policies required herein and proof of such insurance as evidenced by the Certificate of Insurance has been submitted to and approved by the Risk Manager. The required type and amount of required insurance coverage is specified in the attached and incorporated Exhibit "C". The Grantee and its Contractor, if any, must have and maintain Commercial General Liability Insurance during the entire construction phase of the project. When construction is finished and the Improvements completed the Grantee must have and maintain Commercial General Liability Insurance through self-insurance or insurance policies for the entire duration of this Revocable Easement and for so long as Grantee's Improvements are located in or upon property of the Grantor. This provision shall survive termination or expiration of this Revocable Easement. The contractual liability portion of this insurance must be broad enough to cover the indemnity agreement in this Agreement. Such policies of insurance must include the City as an additional insured with respect to any liability arising out of the Grantee's and its Contractor's use or maintenance of the Improvements in the Revocable Easement Area. The insurance policies specified must include an endorsement stating that the insurance company(ies) must give the Director 30 days written notice by certified mail, before any policy covered thereby is canceled, not renewed, or materially changed. Copies of all insurance policies from Grantee and Contractor must be provided to City Attorney within 30 days after City Manager's reasonable written request therefor. Grantee and Contractor, if applicable, must provide copies of all insurance policies to the City Attorney within 30 days of the City Manager's reasonable request therefor if an incident -relating to the Improvements or Grantee's operations hereunder -occurs that reasonably appears to be covered by such insurance. If such copies are requested and provided, Grantee may mark the information in Grantee's policies that Grantee believes is confidential or proprietary. If City is requested to provide all or part of Grantee's insurance policies to third parties, City will timely forward the records to the Attorney General for a determination whether the records are "Public Information" under the Texas Pubic Information Act. City will contemporaneously notify Grantee of the open records request so that Grantee may participate in any available procedures and take steps it believes necessary to protect the nature of the confidential or proprietary information. 12. Indemnity. Grantee must fully indemnify 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, workers compensation and death claims), or property loss or damage of any kind, or any other kind of damage which arise or are claimed to arise out of or in connection with the Grantee's or Grantee's officers', agents', and/or employees' ("Grantee's Agents") and/or Grantee's contractors' negligent acts or omissions or acts of intentional or willful misconduct in their respective installing or marking of the Improvements or other construction, operation, maintenance, repair, control, or use of the Improvements or the Revocable Easement Area, including but not limited to, those damages arising out Revocable Easement Epic Y Grade Pipeline, LP 5 of 17 of Indemnitees' intentional or negligent acts in cutting or causing to be cut the Improvements during installation, repair, replacement, maintenance, or operation of City utilities located in or adjacent to the Revocable Easement Area; and including but not limited to those damages arising out of the Grantee's or Grantee's Agents' intentional or negligent acts in cutting or causing to be cut City utility lines during Grantee's or Grantee's Agents' or Grantee's contractors' use of the Revocable Easement Area. This provision shall continue so tong as Grantee's Improvements are located on City property. 13. Repairs to City's Improvements or Franchisees' Preexisting Improvements. Grantee will repair, or cause to be repaired, any damage its construction, operation, repair, relocation, replacement or maintenance of the Improvements causes to a City street, sanitary sewer, storm sewer, gas, drainage facility, or to a Franchisees' Preexisting Improvements if the City Improvements or Franchisees' Preexisting Improvements were in place prior to Grantee's initial installation of the Improvements. 14. Abandonment of pipeline. Grantee may leave abandoned pipe in place unless the Director requires the Grantee to remove the abandoned pipe to facilitate city operations or protect the public safety. Upon notice from the Director, Grantee shall promptly remove the specified abandoned Improvement. If a Grantee abandons Improvements, the Grantee remains responsible for the safe condition of the Improvements after the pipe is abandoned. The City will not assume ownership or control over the abandoned Improvements, and the City assumes no responsibility for their maintenance and safety, unless the City in writing accepts a particular facility. Subsection 49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and appurtenances not removed by Grantee after abandonment. If Grantee removes any pipe, facilities or appurtenances, the Grantee shall restore the City property, at the sole cost of the Grantee, under subsection 49-97(c) of the City Code of Ordinances. 15. General Conditions. a) Recordation. Grantee will record the Revocable Easement at the Office of the County Clerk, Nueces County Courthouse and Grantee will provide a recorded copy to Grantor. b) Notification and Verification. Contractor must verify depth and locations of City Utilities, and all Franchisees' Preexisting Improvements in or near the Revocable Easement Area 48 hours prior to commencing any routine construction or repair work, other than bona fide emergency repairs which must be reported to the appropriate Utilities Representative(s), the Street Superintendent, and the appropriate Franchisee's Representative(s) immediately upon Grantee's knowledge of the need for repairs. Revocable Easement Epic Y Grade Pipeline, LP of 17 The Utility Representatives, the Street Superintendent, and the Franchisee's Representatives may have a representative present during Grantee's construction, repair, or emergency repair operations. c) Permit. 48 hours prior to commencing any routine construction or repair work, and by 9 a.m. the next work day for emergency repairs, the Grantee will apply to the Director or his designee for a permit before disturbing part of the Revocable Easement Area. Grantee must perform the work in accordance with the permit and all applicable federal, state, and local laws and regulations. Contractor must not leave trenches or pits in the Revocable Easement Area open overnight unless Contractor provides adequate safety and security devices to prevent possible injuries or accidents. All trenches or pits must be backfilled as soon as possible, the backfill properly compacted, the surface restored, and the work all done in a neat and workmanlike manner. No bore pits may be left open longer than 14 calendar days regardless of location. Barrel type barricades will be placed adjacent to all pits. At a minimum the following items will be included in the permit: i) Bore. Grantee's pipelines crossing the Revocable Easement Area will be dry or slick bored. Wet or slick bore may be approved by the Director if the Grantee will provide the Director or "Designee" sufficient and satisfactory soil analysis information to support the wet bore. ii) Open -Cut. Grantee or its Contractor must saw cut any existing concrete and asphalt down to sub -base, and replace with new concrete or asphalt. The pavement repair must consist of 5 -inches of compacted Hot Mix Asphalt Concrete (HMAC) Type D to be placed in two lifts, i.e., 3 -inches and 2 -inches or two lifts of 2.5 -inches. The HMAC pavement must extend over the existing base for a width of 12 -inches on either side of trench cut. Subgrade will be trenched with some prime coat MC - 70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand containing a minimum of 2 sacks of Standard Type i Portland cement per cubic yard of sand in street right-of-way where asphalt concrete pavement has been cut and surface. Pavement will be restored as described five feet on each side of cut centerline, such that no settlement will occur in roadway area. Grantee will encase the Improvements in sand, with a minimum of 8 -inches around the Improvements. Revocable Easement Epic Y Grade Pipeline, LP 7 of 17 Executed this the day of , 2019 GRANTOR ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary Keith Selman, Interim City Manager APPROVED S TO LEGAL FORM: day of _ fry r „is r , 2019 By: , Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2019, by Keith Selman, Interim City Manager, of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Revocable Easement Epic Y Grade Pipeline, LP 11 of 17 TX.NU-021 Revision 4 SILVERADO PIPELINE Pipeline Easement For EPIC Y GRADE PIPELINE LP Nueces County, Texas Exhibit "A" Page 1 of 1 50 FOOT WIDE PERMANENT EASEMENT BEING A CENTERLINE DESCRIPTION FOR A PROPOSED FIFTY FOOT (50') WIDE PERMANENT EASEMENT, FOR PIPELINES LOCATED IN THE G. FARMS SURVEY, ABSTRACT NO. 592, BEING WITHIN A CALLED 4.92 ACRE TRACT, TO THE CITY OF CORPUS CHRISTI, DESCRIBED IN VOLUME 1370, PAGE 27, DEED RECORDS, NUECES COUNTY, TEXAS; SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING at a calculated point on tie southwest line of said 4.92 acre tract, same being on the northeast line of a called 18.87 acre tract (Tract I), described in Document No. 201649127, Official Public Records, Nueces County, Texas for the POINT OF BEGINNING of the centerline described herein, from which a 1 -inch iron pipe found on the southwest line of said 4.92 acre tract, same being on the northeast line of said 18.87 acre tract, bears North 56'15'07" West, a distance of 189.04 feet; THENCE North 04"34'25" West, over and across said 4.92 acre tract, a distance of 253.78 feet to a calculated point on the northeast line of said 4.92 acre tract, same being the southwest line of a called 13.963 acre tract (Tract 2b), described as Cause No. 71 in Volume i, Page 571, Deed Records, Nueces County, Texas, for the POINT OF TERMINATION of the centerline described herein, from which a 5/8 -inch iron rod found on a northeast line of said 4.92 acre tract, same being at the south corner of said 13.963 acre tract, bears South 56'10'36" East, a distance of 200.88 feet. Described centerline being a total distance of 253.78 feet (15.38 Rods). TEMPORARY WORKSPACE Being additional forty foot (40') wide and ten foot (10') wide strips of land to be used during the construction of the pipelines. The 40 foot wide and 10 foot wide strips of land will be parallel to and coincident with the above described 50 foot wide permanent easement, as shown on Exhibit"B". In addition, adjacent to and across any and all highways, roads, streets, railroads, canals, ditches, streams or other waterways and pipelines and where the bearing of the easement changes, grantee shall have the right to use additional temporary work space as shown on Exhibit "B" for the construction of the pipelines and appurtenant facilities. Notes: 1) Easement centerline not necessarily the same as pipelines' centerline. 2) Bearings shown hereon are Grid Bearings of UTM with NAD83 datum, Zone 14, US Survey foot; Central Meridian 99D W. Distances shown hereon are grid. 3) Vesting information shown hereon is based upon a public records search performed by Todd Davis and Associates. 4) For additional information, see attached easement plat (Exhibit "B") made in conjunction with and considered an integral part of the above described easement. 5) This description and the attached easement plat (Exhibit "B") were prepared for the purposes of creating an easement and are not intended for use as a property boundary survey. 6) Date of Survey: 7/17/2018 Surveying And Mapping, LLC 4801 Southwest Parkway Building Two, Suite 100 Austin, Texas 78735 Texas Fkm'Registration No. /0964300 1-1124/8 Mark A. Mercado Date Registered Professional Land Surveyor No. 6350 — State of Texas FN42537_R4 (ADC)44617 0 EP' 120' NUECES COUNTY, TEXAS EXHIBIT "8" GRAPHIC SCALE 1"=60' k= I TEMPORARY }• CENTERLINE OF PERMANENT EASEMENT LP .0. i� IRON PIPE 50 LINE TABLE LINE BEARING LENGTH LI N04'34'25'W 253.78' L2 N56'15'07'W 189.04' SE L3 556' 10'36"E 200.88' TIE EASEMENT CENTERLINE LENGTH 253.78 FEET (15.38 RODS) PERMANENT EASEMENT AREA 0.29 ACRE TEMPORARY WORKSPACE AREA 0.29 ACRE 2 REV510N$ NO. REVISION DATE ADDED COORDINATES TO WATERUNE CROSSING 08/21/18 TED -I TFW UPDATED FOOTPRINT 09/05/38 TON DETAIL UPDATED 11./09/18 MA RE -80.111 RF:S'ACE D ANS 12/11/18 ADC TX.NU-022 (TRACT 25) CALLED 13.963 ACRES CAUSE 50. 71 VOL. I,PG. 571 D.R.N.C.TX, f i CORPUS CHRISTI WATERUNE LAT=027.855462 LONG® -097.615354 Nw10,111.400.76 -� -1, E=2,087,694.84. 1:_f .. f 1 • NOTES: 1. ALL BEARINGS ARE GRID BEARINGS AND ARE BASED ON.. UTM COORDINATE SYSTEM. WITH NAD83 DATUM, ZONE 14, US SURVEY FOOT, CENTRAL MERIDIAN 990 W. ALL DISTANCES ARE REPRESENTED IN GRID VALUES, MEASURED IN U.S. SURVEY FEET, AND ARE BASED ON SAID HORIZONTAL DATUM. 2. VESTING INFORMATION SHOWN HEREON IS BASED UPON A PUBLIC RECORDS SEARCH PERFORMED BY TODD DAVIS AND ASSOCIATES. 3. FOR ADDITIONAL INFORMATION, SEE ATTACHED LEGAL DESCRIPTION MADE IN CONJUNCTION WITH AND CONSIDERED AN INTEGRAL PART OF THIS PLAT OF EASEMENT. THIS EASEMENT PLAT AND THE ATTACHED DESCRIPTION WERE PREPARED FOR THE' PURPOSES OF CREATING AN EASEMENT AND ARE NOT INTENDED FOR USE AS A PROPERTY BOUNDARY SURVEY. 4. MARK A. MERCADO REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NUMBER 6350 PROJECT: SILVERJIDO RPEUNE 408 I40MRER: 101E044E 17 SURVEY DATE: 7/17/2918 SURVEYOR: N. UERCAUO TECHNICIAN. A. CARLSON TRACT AD: TX.NU-021 SHEET 1 OF 1 f-.1 P.O.B, 1 TX.NU-DII9 TRACT i CALLED 18.97 ACRE DOC. NO. 201549127 C. .R.N.C.TX. EPIC Y u RA.D. n1Pe1-1151s u> PATH :\\SARJNC\AUS\PRO,ECTS\i018044617 TOO \SURVFY\03FXRIBITS\TX.NU-021 PLA T\54 P.O.R. 5/8" IRON ROD \, TX.NU-021 Cr( OF CORPUS CHRISTI CALLED 4.92 ACRES VOL 1370, PO. 27 D.R.N.C.1X. G. FARUS SURVEY ABSTRACT NO. 592 D.R.N.C.TE. 0.P.R.N.C.TX. II, • P.O.B. P.O.T. P.O.R. -_-I 4501 SoufInp1 9.19.9T 050, 312341.0575 9,99R In, 349. 100 5.., 31132&3024 ALR. Taal, 70735 4045: 151e91.wn.W1 T.499 Firm -IaSolon Na 10554300 U-021_8 LEGEND DEED RECORDS. NUECES COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, NUECES COUNTY. TEXAS PARCEL LIMITS. --- ADJCYNER PROPERTY GENTERUNE OF PERMANENT EASEMENT EASING FORDGN PIPELINE OVERHEAD ELECTRIC CALCULATED POINT MONUMENT FOUND (AS NOTED) POINT OF BEGINNING POINT OFTERMINATION POINT OF REFERENCE PERMANENT EASEMENT TEMPORARY WORKSPACE SO' WIDE PERMANENT EASEMENT ACROSS THE CITY OF CORPUS CHRISTI TRACT NUECES. COUNTY. TEXAS TYLER.AAEIHORN '2/19/ 0189F4 FR42537_,R4 TX NU -022 Revision 3 SILVERADO PIPELINE Pipeline Easement. For EPIC Y GRADE PIPELINE LP NUECES County, Texas Exhibit "A" Page 1of1 50 FOOT WIDE PERMANENT EASEMENT BEING A CENTERLINE DESCRIPTION FOR A PROPOSED FIFTY FOOT (50') WIDE PERMANENT EASEMENT, FOR PIPELINES LOCATED IN THE G. FARIAS SURVEY, ABSTRACT NO. 592, BEING WITHIN A CALLED 13.963 ACRE TRACT (TRACT 2b), TO CITY OF CORPUS CHRISTI, DESCRIBED IN CAUSE Na 71, VOLUME I, PAGE 571, DEED RECORDS, NUECES COUNTY, TEXAS; SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING at a calculated point on the southwest line of said 13.963 acre tract, same being on the northeast line of a called 4.92 acre tract, described in Volume 1370. Page 27, Deed Records, Nueces County, Texas, for the POINT OF BEGINNING of the centerline described herein, from which a 5/8 -inch iron rod found at the south corner of said 13.963 acre tract, same being on the northeast line of said 4.92 acre tract, bears South 56°10'36" East, a distance of 200.88 feet, THENCE, North 04°34'25" West, over and across said 13.963 acre tract, a distance of 1,042.30 feet to a calculated point on the northeast line of said 13.963 acre tract for the POINT OF TERMINATION of the centerline described herein, from which a 1/2 -inch iron pipe found on the northeast line of said 13.963 acre tract, same being at the southeast corner of a called 4.728 acre tract, described in Document No. 2017032771, Official Public Records, Nueces County, Texas, bears North 56°41'26" West, a distance of 7.21 feet. Described centerline being a total distance of 1,042.30 feet (63.17 Rods). TEMPORARY WORKSPACE Being additional forty foot (40) wide and ten foot (10') wide strips of land to be used during the construction of the pipelines. The 40 foot wide and 1C foot wide strips of land will be parallel to and coincident with the above described 50 foot wide permanent easement, as shown on Exhibit '8". In addition, adjacent to and across any and all highways, roads, streets, railroads, canals, ditches, streams or other waterways and pipelines and where the bearing of the easement changes, grantee shall have the right to use additional temporary work space as shown on Exhibit"8" for the construction of the pipelines and appurtenant facilities. Notes: 1) Easement centerline not necessarily the same as pipelines' centerline. 2) Bearings shown hereon are Grid Bearings of UTM with NAD83 datum, Zone 14. US Survey foot; Central Meridian 99D W. Distances shown hereon are grid. 3) Vesting information shown hereon is based upon a public records search performed by Todd Davis and Associates. 4) For additional information, see attached easement plat (Exhibit "B") made in conjunction with and considered an integral part of the above described easement. 5) This description and the attached easement plat (Exhibit ''B°) were prepared for the purposes of creating an easement and are not intended for use as a property boundary survey. 6) Date of Survey: 07/21/2018 Surveying And Mapping, LLC 4801 Southwest Parkway Building Two, Suite 100 Austin, Texas 78735 Texas Firm Registration No. 10064300 t,G O•F • Ci 0'. *:fi MARK ANT Ch",01E .**- . ME 5 63'3D Mark At/ Mercado Date Registered Professional Land Surveyor 6350 — State of Texas 142416 FN42538_R3 (ADC) 44617 0 200' Yr:r rr��li 400' GRAPHIC SCALE, 1" = 200' TX.NLI-O24 (TRACT II) CALLED 4728 ACRES DOC. NO. 2CT7032771 P.0 T. SEE DETAIL "6" CORPUS CHRISTI WATERLINE 1, ;.:. LONG --097.615587 N=10,112,497.35 T ..:..- (1 E-2,087,607.12 I....1 TX NU -321 CALLED 4 9 ACRES VOL 1370, PG. 27 D.R. N.C. TX. -A..M NT NT N T 1,042.30 FEET (63.17 ROOS) PERMANENT EASEMENT AREA 1.20 ACRES TEMPORARY WORKSPACE AREA .20 ACRES NUECES COUNTY, TEXAS EXHIBIT "B" {TWtC� I) LOT 4, BLOCK 4 FAR1S GRANT SUBDIVISION \ DE. 42, PG, 51 M.RJEC.TX.. TX.NU-022 CITY OF' CORPUS CHRISTI (TRACT 2b) CALLED 13.963 ACRES CAUSE NO. 71 VOL i, PG. 571 D.R.N.C.TX NOTF 1. ALL BEARINGS ARE GRID BEARINGS AND ARE BASED ON ITEM COORDINATE SYSTEM, WITH NAD83 DATUM, ZONE 14, US SURVEY FOOT; CENTRAL MERIDIAN 99D W. ALL DISTANCES ARE REPRESENTED IN GRID VALUES, MEASURED IN U.S. SURVEY FEET, AND ARE BASED ON SAID HORIZONTAL DATUM. 2. VESTING INFORMATION SHOWN HEREON IS BASED UPON A PUBLIC RECORDS SEARCH PERFORMED BY TODD DAMS AND ASSOCIATES. 3. FOR ADDmONAL INFORMATION, SEE ATTACHED LEGAL DESCRIPTION MADE IN CONJUNCTION WITH AND CONSIDERED AN INTEGRAL PART OF THIS FLAT OF EASEMENT. 4. THIS EASEMENT PLAT AND THE ATTACHED DESCRIPTION WERE PREPARED FOR THE PURPOSES OF CREATING AN EASEMENT AND ARE. NOT INTENDED FOR USE AS A PROPERTY BOUNDARY SURVEY. Fil,AALA4e0e63 1Z/ f'F MARK A. MERCADC DATE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION ,"NUMBER 6350 P.O.R. N ROD REVISIONS NO. REVISION DATE TECH FOOT PRINT UPDATE 09/05/18 TLE Lt DETAIL UPDATED 11/09/1B MA RE-R0J1E/k6AII5P.1tE DIAL t 12/11/18 ADC DETAIL °A" G. FARIAS SURVEY ABSTRACT NO, 592 CENTERLINE OF PERMANENT EASEMENT DETAIL "B" P.O.R. 1/2' IRON PIPE NOT TO SCALE LS LINE TABLE LINE BEARING LENGTH L1 N04'34'25"W 1,042.30' L2 S56' 10'36"E 200.88' TIE L3 N56141'26'W 7.21' TIE D.R.N. C.TX. M.R.N.C. TX. OP.R N.C.TX. -e- • P.O.S. P.O.T- P.O.R. L ITGFND DEED RECORDS, NUECES COUNTY, TEXAS MAP RECORDS, NUECES COUNTY TEXAS OFFlGAL PUBLIC RECORDS. NUECES COUNTY, TEXAS PARCEL LIMITS ADJOINER PROPERTY CENTERLINE EXISTING FOREIGN PIPELINE STRUCTURE OVERHEAD ELECTRIC CALCULATED POINT POWER POLE MONUMENT FOUND (AS NOTED) POINT OF BEGINNING POINT OF TERMINATION PONT OF REFERENCE PERMANENT EASEMENT TEMPORARY WORKSPACE PROJECT: SLYERALO V✓PEL8IF 408 NUMBER: 10/9044617 SURVEY. SATE, 07/12/2018 SURVEYOR IL MERCADO TECMAICIAN: A. CARSON TRACT 188 TN.NU-022 SHEET 1 OF I �SAM1 v C%RaC>I' P,PeLIIVA LF 4801 3IARANA Parkway Oft $12.44701573 ihol141,1 Iwo, Ugh 100 Fa,4 512020,8VAP Akafm Ttim, .7&755 ,md! 414*w .Oh Toon Firm ae Ma. 10014500 PAI*1:\\SAUFH0\AUS \PRo.ECTs\1013044817100 \sUR4EY\0�0vT&TS\'IXNMI-022 PLA 03 YU-C223t7.OW(i MAH$AAUINYARt 12/20 2013 11:29 AM FN<2518J13 PERMANENT EASEMENT ACROSS THE CITY OP CORPUS CHRISTI TRACT NUECES COUNTY, TEXAS EXHIBIT C INSURANCE REQUIREMENTS . GRANTEE'S LIABILITY INSURANCE A. Grantee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved b) the Cit). Grantee must not allow an} subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. R. Grantee must furnish to the Cit) 's Risk Manager and Director of Development Ser. ices. o (2) copies of Certificates of Insurance with applicable polic} endorsements. showing the following minimum coverage b\ insurance company(s) acceptable to the Cit) 's Risk Manager. The Cit\ must be listed as an additional insured for the General Liabilit) and Auto Liabilit) policies and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is Bodily Injury and Property Damage required on all certificates or by policy Per occurrence - aggregate endorsement COMMERCIAL GLNLRAL LIAF.311 ITY $1.000.000 Per Occurrence (including): 1. Commercial Broad Form 2. Premises Operations 3. Underground I lazard (if applicable) 4. Products Completed Operation Hazard 5. Contractual Liabilit} 6. Independent Contractor 7. Personal Injur) Advertising Injur) $2.000.000 Aggregate UMBRELLA I XCESS LIABILITY $10,000,000 Per Occurrence $10,000,000 A ) re ate $1.000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 1. Owned Vehicles 2. Hired and Non -owned Vehicles POLLUTION LEGAL LIABILITY including; Third Part Remediation Revocable Easement Epic Y Grade Pipeline LP 17 of 19 $5.000,000 Per Claim $5,000,000 Aggregate respects operation,. completed operations and activities of. or on behalf of. the named insured performed under contract w ith the Cit\ . \\ ith the e\ception of the \'.orkers' compensation and professional liabilit\ polices: • Pro\ ide for an endorsement that the "other insurance" clause shall not appl\ to the Cit.\ Corpus Christi where the Cit\ is an additional insured shown on the policy: • \Aorkers' compensation and emploers' liability policies will pro\ ide a waiver c� suhrocatio; in la\ Or of the C'it\: and • Pro ide thirty (30) calendar days advance written notice directly to Citv ofanv suspension. cancellation. non -renewal or material chance in co\ erage. and not less than ten (10i calendar day s ad\ ance w ritten notice for nonpa\ ment of premium. Within ii\e (5) calendar da\ s of a suspension. cancellation. or non -renewal of coeraue. Grantee shall pro ide a replacement Certificate of Insurance and applicable endorsements to Cit) . Cit) shall hat e the option to suspend Grantee's performance should there he a lapse in co\eruec at an\ time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement, In addition to am other remedies the Cit may ha\c upon Grantee's failure to provide and maintain an' insurance or Polio endorsements to the extent and within the time herein required, the Cit} shall ha\ e the right to order Grantee to stop work hereunder until Grantee demonstrates compliance with the requirements hereof, Nothing herein contained shall be construed as limiting in an) \\ a) the extent to which Grantee may be held responsible for pa) merits of damages to persons or propert\ resulting from Grantee's or its subcontractors perlbrmance of the v\ork covered under this agreement. It is agreed that Grantee's insurance shall he deemed primar\ and non -contributor) with respect to any insurance or self insurance carried h) the Cit.\ of Corpus Christi for liability arising out of operations under this af?reement. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Revocable Easement ins. req. 6/27.2013 ds Risk Mgmt. Revocable Easement Epic Y Grade Pipeline LP 19 of 19 ACIIIII Corpus Chr sti Engineering Revocable Pipeline Easement to Epic Y Grade Pipeline, LP City Council Presentation February 26, 2019 Project Location cgo Corpus Chr sti Engineering ex N SCALE: N.T.S. PROJECT LOCATION NUECE CORPUS CHR LEOPARD CORPUS CHASM pig IC'.L 2 Project Vicinity City Property 4.92 acres cgo Corpus Chr sti Engineering "ALE, N.T.S. EPIC Y -GRADE PIPELINE EASEMENT f TEXSTAR PIPELINE EASEMENT VICINITY MAP MOTTO SCALE Project Details k* Corpus Chr sti Engineering • Revocable Easement is 50 -foot wide and 1,296 feet long. containing 1.49 acres. • Temporary Construction Easement is of variable width and also contains 1.49 acres. • Epic will construct a 16 -inch and 30 -inch pipeline to transport natural gas liquid (NGL). • Both pipelines will be installed using horizontal boring. • Epic's pipelines will be 12 -feet under the City's two water transmission lines. • City will receive compensation of $151,721 Epic Y Grade Pipeline, LP Revocable Easement Corpus Chr sti Engineering QUESTIONS? 5 AGENDA MEMORANDUM City Council Meeting of February 26, 2019 DATE: February 19, 2019 TO: Keith Selman, Interim City Manager FROM: Daniel McGinn, AICP, Director of Planning & ESI DanielMc@cctexas.com (361) 826-7011 Wastewater Construction and Fee Waivers STAFF PRESENTER(S): Name Title/Position Department 1. Daniel McGinn, AICP Director Planning & ESI 2. Nina Nixon -Mendez, FAICP Director Dev. Services BACKGROUND: The Planning and Development Services Department will be providing a presentation concerning the wastewater construction and fee waiver process and possible options to streamline this request for development projects. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Wastewater Exemptions Wastewater Exemptions: Briefing Council Presentation February 26, 2019 Outline • Wastewater Master Plans • Existing Wastewater System • Wastewater Construction Waivers • Where are they occurring? (Flour Bluff, London Area, Northwest, Airport area) • Wastewater Fee Waivers • Next Steps/Recommendations Wastewater Master Plans And Existing System • Allison • Greenwood • Oso • Laguna • Whitecap • Broadway (no master plan, service area is predominantly built out) Portland Ingleside Wastewater Master Plan Existing WWTP L._.-.1 City Limits _! ETJ gn County Line LA No Service Current Treatment Areas A Allison MI way MIGreenwood LagOso Whitecap Nueces Bay ,>,,, , _, rte, IH,,, I r Ali ' ai,l( 40,0VSN4 ♦ Sp/' %�t Cwpus Christi Bay Bay Laguna Made ,,,,,,;70z///////////// 0 h / i /////////////////////l/// 2.5 5 Allison WTP Service Area (Existing & Master Plan) Service Areas =Existing Broadway WW Service Area Existing Other W'A Service Area Existing WW Features WWTP El Litt Station Force Main Gravity Main Master Plan WW Features J Litt Station =+= Gravity Main Force Main NO Service Planned (Industrial) ir•ort 44 -Agnes Greenwood WTP Service Area (Existing & Master Plan; — .0.c\ o`d WTP SdrdF oe, v` Weber Is 1 Service Areas Existing Broadway WW Service Area Existing Other WW Service Area Existing WW Features WWTP 0 Lift Station Force Main Gravity Main Master Plan WW Features - Lift Station Gravity Main Force Main 5 Broadway WTP Service Area (Existing &aster Plan) I \f Service Areas Existing Broadway WW Service Area —� Existing Other WA. Service Area Existing WW Features WTP NWTP Lift Station Force Main Gravity Main Master Plan WW Features ra Lift Station = Gravity Main �� Force Main Oso WTP Service Area (Existing & Master Plan) 4;;41111. Service Areas Existing Broadway WW Service Area 1 Existing Other WW Service Area Existing WW Features WWTP E Lift Station Force Main Gravity Main Master Plan WW Features MLift Station Gravity Main = Force Main Laguna WTP Service Area (Existing & Master Plan) Service Areas Existing Broadway WW Service Area Existing Other WW Service Area Existing WW Features WWTP El Lift Station Force Main Gravity Main Master Plan WW Features MJ Lift Station Gravity Main Force Main Whitecap WTP Service Area (Existing & Master Plan) Service Areas Existing Broadway WW Service Area Existing Other WW Service Area Existing WW Features WWTP Lift Station Force Main Gravity Main Master Plan WW Features Lift Station = Gravity Main = Force Main 9 Wastewater Construction Waiver • Development Process: • Platting: Required public improvements identified. • Waiver of Wastewater Construction considerations: • Availability of wastewater • Cost of construction • Future users/development • Character of the area/future land use (density) • Does it make economic sense for the developer and city to extend the system or allow a septic system/s. • Approved by Planning Commission Wastewater Fee Waiver • Platting Process: along with infrastructure construction, fees are also assessed during the platting process. • Fees are placed into the Wastewater trust fund system • Per ordinance fees have to be returned if wastewater is not made available to the subject tract within 15 years. • Is it lost revenue to the trust fund? (In most cases, no) • Approved by City Council. Trust Fund Fees Exempted 2018 Fee Waivers Plat/Subdivision (Project) Fee Waived Covered by WW plan WW Plant Basin Steps Terminal, Blk 1, Lot 5 $280,816 No None Water's Edge at Kitty Hawk Unit 2 $24,381 No None Kenley Estates $21,424 Yes Laguna Puerto Los Caballeros Tract Blk $62,447 Yes Alison Park Springs IHS Blk 1 $6,079 Yes Alison Trail Blazer Addition BIk1, Lot 5 $20,658 Yes Laguna Total $415,805 Projects covered by a wastewater master plan are eligible for trust fund reimbursement, in the four project covered by a master plan in 2018, the cost of the improvements would have far exceeded the fee paid into the fund. London Area Wastewater Fee and Construction Waivers 0 N ext Steps • Allow Planning Commission to waive fees (they are currently authorized to waive construction requirements) • Designate certain areas across the city as zones unlikely to receive wastewater service in the next 15 years. These zones would receive automatic fee and construction waivers and not require Planning Commission or City Council action. • Prepare a Unified Development Code Amendment to waive construction and fees for plats used for uninhabitable uses (Ex. AEP substation, Billboards, etc.) • Evaluate areas for possible removal from the wastewater master plan and bring recommendations to Planning Commission and City Council for consideration. • Waiver Process for construction and fee payment Remains for Property that has the following: • Is shown on a WW master plan as an area to receive service • Is located within 1,000 feet of WW infrastructure that has adequate capacity. • Is located outside of an area designated not to receive service in 15 years.