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HomeMy WebLinkAboutAgenda Packet City Council - 04/09/2019City of Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, April 9, 2019 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Deacon Fred Castillo, Our Lady of Perpetual Help Catholic Church. C. Pledge of Allegiance to the Flag of the United States to be led by Norma Duran, Management Assistant, City Secretary's Office. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 19-0480 Proclamation declaring April 7-13, 2019, "National Crime Victims' Rights Week". Proclamation declaring April 8-13, 2019, " Week of the Young Child". Proclamation declaring April 12-13, 2019, "Fiesta de la Flor Days" and CITGO Presentation. Proclamation declaring April 14-20, 2019, "National Public Safety Telecommunicators Week". City of Corpus Christi Page 1 Printed on 4/8/2019 City Council Meeting Agenda - Final April 9, 2019 Proclamation declaring April 2019, "Corpus Christi Safe Digging Month". 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. 19-0471 TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS) PRESENTATION Attachments: Agenda Memo - TMRS Presentation - TMRS 4.9.19 c. OTHER G. MINUTES: 2. 19-0495 Regular Meeting of March 26, 2019, Workshop Meeting of March 28, 2019 and Special Meeting of April 2, 2019. Attachments: Minutes - March 26, 2019 Minutes - March 28, 2019 Workshop Minutes - April 2, 2019 Special H. BOARD & COMMITTEE APPOINTMENTS: 3. 19-0474 Airport Board Board of Adjustment Corpus Christi Downtown Management District Senior Companion Program Advisory Committee Attachments: AIRPORT BOARD BOARD OF ADJUSTMENT CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT SENIOR COMPANION PROGRAM ADVISORY COMMITTEE I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. City of Corpus Christi Page 2 Printed on 4/8/2019 City Council Meeting Agenda - Final April 9, 2019 J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. All items on this agenda are considered public hearings. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 4 - 11) 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. 19-0359 Purchase of two Ford F-150 crew cab trucks for the Police Department Motion authorizing the purchase of two Ford F-150 crew cab trucks from Silsbee Ford Inc. of Silsbee, Texas for a total amount not to exceed $62,736.10. Attachments: Agenda Memo - Purchase of Vehicles for PD Auto Theft City of Corpus Christi Page 3 Printed on 4/8/2019 City Council Meeting Agenda - Final April 9, 2019 Price Sheet - Purchase of Vehicles for PD Auto Theft 5. 19-0263 Resolution authorizing a service agreement for maintenance and inspection of fire extinguishers Resolution rejecting the apparent low bid of Cintas Corporation and the apparent second low bid of Draco Fire and Safety, LLC as non-responsive and authorizing a five-year service agreement for fire extinguishers annual maintenance and inspection with IFS Fire and Safety Inc., of Corpus Christi, Texas, as the lowest responsive bidder, for an amount not to exceed $153,175.50. Attachments: Agenda Memo - Fire extinguishers Maintenance and Inspection Resolution - Nonresponsive bid Fire Extinguishers (2) Bid Tabulation- Fire Extinguishers Annual Maintenance and Inspection Service Agreement - Fire extinguishers Maintenance and Inspection.pdf 6. 19-0433 Motion appointing Council Member Everett Roy to the American Bank Center's Advisory Council. Attachments: Agenda Memo - ABC Advisory Council Proposed List of Stakeholders 7. 19-0377 Second Reading Ordinance - Rezoning for a Property located at or near 3502 County Road 7B. (1st Reading 3/26/19) Case No. 0219-03 Mostaghasi Investment Trust: Request for rezoning property at or near 3502 County Road 7B from the "FR" Farm Rural District and the "CG -2" General Commercial District to the "RS -6" Single -Family 6 District. Planning Commission and Staff Recommendation (February 20, 2019): Approval of the change of zoning from the "FR" Farm Rural District and the "CG -2" General Commercial District to the "RS -6" Single -Family 6 District. Ordinance rezoning property at or near 3502 County Road 7B from the "FR" Farm Rural District and the "CG -2" General Commercial District to the "RS -6" Single -Family 6 District. Attachments: Agenda Memo 0219-03 Mostaghasi Investment Trust Ordinance 0219-03 Mostaghasi Investment Trust CC Report 0219-03 Mostaghasi Investment Trust Presentation - Mostaghasi Investment Trust 8. 19-0378 Second Reading Ordinance - Rezoning for a Property located at or near 213 Kleberg Place. (1st Reading 3/26/19) Case No. 0219-04 SCCBH, LLC: Request for rezoning property at or near City of Corpus Christi Page 4 Printed on 4/8/2019 City Council Meeting Agenda - Final April 9, 2019 213 Kleberg Place from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District. Planning Commission and Staff Recommendation (February 20, 2019): Approval of the change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District. Ordinance rezoning property at or near 213 Kleberg Place from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District. Attachments: Agenda Memo 0219-04 SCCBH LLC Ordinance 0219-04 SCCBH LLC Presentation - SCCBH, LLC CC Report 0219-04 SCCBH, LLC 9. 19-0379 Second Reading Ordinance - Amending the Unified Development Code regarding bars, taverns or pubs (1st Reading 3/26/19) Ordinance amending the Unified Development Code regarding specific standards relating to bars, taverns or pubs. Attachments: Agenda Memo - Bar Distance Text Amend Ordinance - Bar Distance Presentation - Bar Distance UDC Text Amendment 10. 19-0382 Second Reading Ordinance - Urban Transportation Plan map amendment for a segment of Bronx Avenue (1st Reading 3/26/19) Ordinance amending Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by removing a segment of Bronx Avenue. Attachments: Agenda Memo Council Bronx Ordinance - Bronx Ave Presentation - Bronx Ave 11. 19-0390 Second Reading Ordinance - Accepting and appropriating grant funds for Local Emergncy Planning Committee (LEPC) for Fire Department (1st Reading 3/26/19) Ordinance authorizing execution of all documents necessary to accept a grant to the City of Corpus Christi/Nueces County Local Emergency Planning Committee in the amount of $5,000 from Texas Commission on Environmental Quality; and appropriating $5,000 in No. 1062 LEPC Fund. Attachments: Agenda Memo - TCEQ 2019 (5,000.00) Ordinance - TCEQ grant - 2018 City of Corpus Christi Page 5 Printed on 4/8/2019 City Council Meeting Agenda - Final April 9, 2019 L. FUTURE AGENDA ITEMS: (ITEMS 12 - 17) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 12. 19-0269 Emergency Medical and Police Priority Dispatch Call Center System Software Resolution authorizing a six-year service agreement for the purchase of emergency medical and police priority dispatch call center system software from Priority Dispatch Corp., of Salt Lake City, Utah for a total amount not to exceed $396,260. Attachments: Agenda Memo - Emergency Medical & Police Priority Dispatch System Resolution - Emergency Medical & Police Priority Dispatch System Price Sheet - Emergency Medical & Police Priority Dispatch System Interlocal Agreement Between City & Nueces County Service Agreement 68227 - Emergency Medical & Police Priority Dispatch Systf 13. 19-0453 Eventide Recorder Maintenance for MetroCom Resolution authorizing a five-year maintenance agreement for Eventide Recorder Maintenance with DigitalMarkets, Inc., dba Vista Com of Houston, Texas for a total amount not to exceed $49,901. Attachments: Agenda Memo - Eventide Rcorder Maintenance Resolution -Eventide Recorder Maintenance Price Sheet - Eventide Recorder Maintenance Service Agreement 68768 - Eventide Recorder Maintenance 14. 19-0404 Plumbing Services for the Corpus Christi Fire Department Motion authorizing a one-year service agreement for plumbing services with Smart Plumbing Inc., of Corpus Christi, Texas for an amount not to exceed $48,367.50 with two one-year options for a total potential multi-year amount of $145,102.50. Attachments: Agenda Memo - Plumbing Services for CCFD Bid Tabulation - Plumbing Services for CCFD Service Agreement - Plumbing Services for CCFD 15. 19-0437 Light Vehicle Repair & Services for the Corpus Christi Fire Department Motion authorizing a one-year service agreement for light vehicle repair & services for the Corpus Christi Fire Department with Sylvia Ann Barton, dba Leroy and Richards Automotive of Corpus Christi, Texas for an amount not to exceed $70,785.90 with two one-year options for a total potential multi-year amount of $212,357.70. City of Corpus Christi Page 6 Printed on 4/8/2019 City Council Meeting Agenda - Final April 9, 2019 Attachments: Agenda Memo -Light Vehicle Repairs & Services for CCFD Bid Tabulation - Light Vehicle Repairs & Services for CCFD.xlsx Service Agreement -Light Vehicle Repairs & Services for CCFD 16. 19-0342 Professional Services Contract for O.N. Stevens Water Treatment Plant (ONSWTP) Clearwell No.3 (Capital Improvement Program) Motion to authorize execution of a professional services contract with LNV, Inc. of Corpus Christi, Texas in the amount of $1,803,753 for design of O.N. Stevens Water Treatment Plant Clearwell No. 3. Attachments: Agenda Memo - ONSWTP Clearwell No. 3 Project Budget - ONSWTP Clearwell No. 3 Location Map - ONSWTP Clearwell No. 3.pdf Presentation - ONSWTP Clearwell No. 3 rev 3.19.2019 18131A LNV Agreement signed 17. 19-0483 Resolution in recognition of David G. Noyola, honoring his many years of service to Corpus Christi. Attachments: Resolution - David G. Noyola M. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. N. PUBLIC HEARINGS: (ITEMS 18 - 20) 18. 19-0451 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 5813 and 6001 Old Brownsville Road. Case No. 0319-01 Greer Evans and Halaj Trust: Request for rezoning property at or near 5813 and 6001 Old Brownsville Road from the "FR" Farm Rural District and the "RS -6" Single -Family District to the "IL" Light Industrial District. Planning Commission and Staff Recommendation (March 6, 2019): Tract 1: Denial of the change of zoning from the "FR" Farm Rural District and the "RS -6" Single -Family District to the "IL" Light Industrial District, in lieu thereof, approval of the "IC" Industrial Compatible District. Tract 2: Approval of the change of zoning from the "RS -6" Single -Family District to the "IL" Light Industrial District. Ordinance rezoning property at or near 5813 and 6001 Old Brownsville Road from the "FR" Farm Rural District and the "RS -6" Single -Family District to the "IC" Industrial Compatible District ON Tract 1 and from the City of Corpus Christi Page 7 Printed on 4/8/2019 City Council Meeting Agenda - Final April 9, 2019 RS -6" Single -Family District to the "IL" Light Industrial District on Tract 2. Attachments: Agenda Memo 0319-01 Greer Evans and Halaj Trust Ordinance 0319-01 Greer Evans and Halaj Trust. PC Rec Presentation 0319-01 Greer Evans and Halaj Trust CC Report 0319-01 Greer Evans and Halaj Trust 19. 19-0452 Public Hearing and First Reading Ordinance amending amending City Code to revise regulatory standards related to freeboard, limit of moderate -wave action, and non -conversion agreement Ordinance amending the Code of Ordinances, Chapter 14, Article V, Flood Hazard Prevention adopting higher standards, and providing for penalties'. Attachments: Agenda Memo Flood Hazard Prevention Code Higher Standards Ordinance Flood Hazard Prevention Code Higher Standards Presentation - Flood Hazard Prevention Code Higher Standards CC 4.9.2019 20. 19-0406 Public Hearing and First Reading Ordinance - Urban Transportation Plan Amendment for Oso Parkway and Brezina Road Ordinance amending Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by removing a segment of Oso Parkway and Brezina Road. Attachments: Agenda Memo Council OsoPkwyBrezina Ordinance UTP Oso Pkwy-Brezina Presentation Oso Pkwy-Brezina Council EXHIBIT A O. REGULAR AGENDA: (ITEM 21) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 21. 19-0400 Second Reading Ordinance - Interlocal Agreement with the Port of Corpus Christi Authority for a permitting program (1st Reading 3/19/19) Ordinance authorizing execution of an Interlocal Agreement between City of Corpus Christi and Port of Corpus Christi Authority for a permitting program; and waiving building permit requirements for Port of Corpus Christi Authority property. Attachments: Agenda Memo Port Authority Interlocal Agreement Ordinance - Interlocal Port 2019 Revised Interlocal Agreement - 4.1.19 Presentation - Interlocal Presemtation Port Authority City of Corpus Christi Page 8 Printed on 4/8/2019 City Council Meeting Agenda - Final April 9, 2019 P. FIRST READING ORDINANCES: (NONE) Q. BRIEFINGS: (ITEMS 22 - 24) 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. 22. 19-0491 Port of Corpus Christi Update Attachments: Agenda Memo - Port of CC Update 23. 19-0506 North Beach Infrastructure Task Force Attachments: Agenda Memo - North Beach Infrastructure Task Force Update 24. 19-0388 Biennial Trust Fund Attachments: Agenda Memo Trust Fund Brief Presentation - Trust Fund Brief 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. S. EXECUTIVE SESSION: (ITEMS 25 - 26) 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. 25. 19-0489 Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the TxDOT Harbor Bridge Project, Park Mitigation Issues, the Agreement for the Adjustment of City of Corpus Christi Municipal Utilities in Connection with the U.S. 181 Harbor Bridge Replacement Project, and other agreements, commitments, or other obligations related to the Harbor Bridge Project and pursuant to Texas Government Code § 551.072 to deliberate the City of Corpus Christi Page 9 Printed on 4/8/2019 City Council Meeting Agenda - Final April 9, 2019 purchase, exchange, lease, or value of real property (including, but not limited to, property for parks, recreation facilities, or other mitigation for the Harbor Bridge Project in the vicinity of existing or proposed Harbor Bridge) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 26. 19-0508 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. 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 City of Corpus Christi Page 10 Printed on 4/8/2019 AGENDA MEMORANDUM City Council Meeting of April 9, 2019 DATE: TO: Keith Selman, Interim City Manager March 25, 2019 FROM: Constance P. Sanchez, Interim Assistant City Manager constancep@cctexas.com (361) 826-3189 Texas Municipal Retirement System (TMRS) Presentation STAFF PRESENTER(S): Name Title/Position 1. Constance P. Sanchez Interim Assistant City Manager OUTSIDE PRESENTER(S): Department Name Title/Position Organization 1. Anthony Mills Senior Regional Manager -City Services TMRS BACKGROUND: The Texas Municipal Retirement System (TMRS) is a statewide retirement system that provides retirement and death benefits for employees of participating Texas cities including general employees and sworn police officers from the City of Corpus Christi. The presentation will provide information regarding benefits and contributions specific to the City of Corpus Christi.. LIST OF SUPPORTING DOCUMENTS: PowerPoint — TMRS CITY OF CORPUS CHRISTI COUNCIL BRIEFING APRIL 9, 2019 An Update on the Texas Municipal Retirement System Presented by Anthony Mills, Senior Regional Manager - City Services 887 cities participate in TMRS (not Houston, Dallas, Fort Worth, Austin, El Paso, or Galveston). TMRS has approximately 111,000 contributing members and 62,700 retirees and beneficiaries. Governed by 6 -member Board appointed by Governor with Senate approval. Participating cities vary in size from over 6,000 employees (San Antonio non -uniformed employees) to just 1 employee (12 TMRS cities). *As of 12/31 /17, TMRS CAFR Corpus Christi and TMRS o TMRS trust fund value (BAF) as of December 31, 2017 was $28.3B. Corpus Christi BAF was $719.8M (2.54%). TMRS total employer contributions in 2017 were $836.0M. Corpus Christi's 2017 employer contribution was $25.5M (3.04%). TMRS credited 13.05% to city accounts, totaling $3.3B. Corpus Christi received a proportionate share of the total interest credit: $84.3M (2.57%). *As of 12/31/17, TMRS Valuation Report Corpus Christi's TMRS Plan • Joined TMRS in January 1950 • Employee deposit rate 7% (01-2019) • City's matching ratio 200% (01-1973) • Vesting requirement 5 years • Retirement eligibility 5 years age 60; 20 years any age • 100% Updated Service Credit -Auto - readopt • 70% Annuity Increase -Auto -readopt • Military Service Credit • Restricted Prior Service Credit My City Plan as of March 2019 City name and number Corpus Christi (00302) since 01-1950 Employee's deposit rate CIty's matching ratio 200% (01-1973) Vesting requirement 5 years of service Retirement eligibility 5 years of service/Age 60; 20 years of service/AnyAp Additional provisions 100`# Updated Service Credit - Auto -Re OSS Annuity increase - Auto -Readopt Mihtat Restricted Service Credit TMRS Texas Municipal Retirement System 1200 North Interstate 35, Austin, Texas 78701 i PO Box 149153, Austin, Texas 78714.9153 512,476.7577 i 800.924.8677 t Fax 512.476.5576 t phonecenter@tnus.cum Corpus Christi's Plan Changes Tl? .DiTurm I,) r: i i it r ,11'N i S.5', i 1�:.i Plan Provisions Deposit Rate Matching Ratio Updated Service Credi Transfer USC** Annuity Increase 20 Year/Any Age Ret. Ve sting Contribution Rat Nor •. Cost :. e Prior Service Rate Retirement Rate Supplemental Death Rate Total Rate UnfundedActuarial Liability Amortization Period Funded Rati o Phase -In Total Rate Plan Change Study 00302 Corpus Christi Proposed Plans GRID 2019 For informational Purposes Only Effective Date -January 1, 2019 Report Date - April 3, 2019 Current 6.00% 2 to 1 0% No 0% Yes 5 years 2019 4.69% 4.88% 9.57% 0.00% (None) 9.57% $56,969,493 25 years 92.5% N/A 1 6.00% 2 to 1 100% (Repeating) No 70% (Repeating) Yes 5 years 2019 8.30% 12.36% 20.66 % 0.00% (None) 20.66 % $204,846,288 25 years 77.3% NIA 2 7.00% 2 to 1 100% (Repeating) No 70% (Repeating) Yes 5 years 2019 9.68% 14.93% 24.61% 0.00% (None) 24.61% $255,572,644 L 25 years 73.2% N/A 11 Corpus Christi's Recent Rate History 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% 11 11 H istorica I Rates 11 11 11 11 11 11 6 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 ■ Required ■Actual Had Corpus Christi continued to regularly adopt ad hoc benefits, the Net Pension Liability (NPL) reflected in the city's financial statements would have continued to be significantly larger than the Unfunded Actuarial Accrued Liability (UAAL) reflected in the funding valuation. GASB requires frequent ad hoc benefits (COLAs and USC in TMRS) to be valued as "substantively automatic," or repeating, in calculating the TPL/NPL. TMRS' default criteria for determining "substantively automatic" patterns of ad hoc benefit adoptions are: An ad hoc adoption on or after January 1, 2015, is valued as "substantively automatic" in calculating the reported pension liability if: (1) it has been granted in one of the most recent two years, AND (2) it has been granted in two of the most recent five years. *Corpus Christi adopted ad hoc benefits from 2011 to 2018 Ad Hoc Benefit Adoptions 8 Yearly ad hoc adoptions, when compared to advance funding of repeating benefits, lead to substantially higher rates and a lower funded ratio in the long term. Repeating versus Ad hoc Adoptions Ad hoc projections Repeating projections Projection of Valuation Results - Pension Only Summary of Proposed Benefit Provisions Employee Contribution Rate Employer Match Rate Vesting 7.00% 2-1 5 years USC Yearly 1W96 Ad Hocs without Transfer COLA Yearly 70% Ad Hocs Retirement Eligibility Age 60 with 5 years of service or 20 years of service Calendar Year Full Rate Estimated Contribution Funded Ratio Projection Results 2018 2019 2020 2021 2022 2023 2024 2025 11.1096 13.8896 15.0136 16.03% 17.04% 18.0596 19.0496 20.01% 14,410,837 18,434,499 20,393,802 22,280,589 24,229,160 26,255,580 28,332,636 30,460,902 87.396 86.196 85.4% 84.8% 84.396 84.0% 83.8% 83.756 26.00% 24.00% - 22.00% - 20.00% - 18.00% - 16.00% - 14.00% - 12.00% - 10.00% Projected Full Rates 2017 2019 2021 2023 Valuation as of December 31, 2025 110% 100% 90% 80% 70% 60% Projected Funded Ratios 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Valuation as of December 31, Projection of Valuation Results - Pension Only Summary of Proposed Benefit Provisions Employee Contribution Rate Employer Match Rate Vesting 7.0035 USC 100% Recurring without Transfer 2-1 COLA 70% Recurring 5 years Retirement Eligibility Age 60 with 5 years of service or 20 years of service Calendar Year Full Rate Estimated Contribution Funded Ratio Projection Results 2018 2019 2020 2021 2022 2023 2024 2025 11.10% 24.6196 25.4296 25.31% 25.22% 25.13% 25.04% 24.95% 14,410,837 32,685,376 34,537,671 35,179,145 35,860,295 36,554,167 37,260,988 37,980,985 73.2% 72.6% 73.796 75.0% 76.2% 77.496 78.696 79.896 30.00% 28.00% 26.0056 24.00% 22.00% 20.0036 18.00% Projected Full Rates 2017 2019 2021 2023 Valuation as of December 31, 2025 100% 90% 8056 - 70% - 60% - 50% Projected Funded Ratios 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Valuation as of December 31, UAAL Amortization Schedule TMRS' Funding Policy ensures that all TMRS cities will fully fund their plans over a fixed amortization schedule. ti 300.0 250.0 200.0 150.0 100 0 50.0 10 UAAL Amortization for the City of Corpus Christi -UAAL -Current {24.61% rate) Assumes all actuarial assumptions are exactly met each year UAAL Amortization Schedule, cont. Corpus Christi - UAAL Amortization as of 12/31/2017 2009 Ad Ha 2610 Ad M ec 2011 Ad Nae 101.284 Mee Combine/ 10 201.644 Mee 3014 Al Mee 2023 Actuarial 2015 Ad Met 201E Ad Nee 2017 Tote. Description 6e..flt Cne net b.w.11t Clone. 6..,.6t Ch.n4. 6rwrllt CMtne. Year 641ea' Mn.Rlt Chen.* 846trlt Cheney C2e nets 5.n.14 Cb...4s, 6rl11 CM net Abr. Wdirnc. UAAL 94413141 7 6 9 10 10 11 12 25 13 14 23 UAAL salarsee 3.735.251 2.604,123 5.064,152 3,493,053 !.130.024 4,234.083 3.799,002 16.237,158 6,003.770 8.452.833 198,603.151 255.572,614 Ad Hoc, Y 9 9 Y N Y Y 12 Y Y 14 Pavm.nt `d1C,5,2M UAAL Bal arc. 1515121303331211_ (BOY/ 1 664.852 450,033 744,190 475,720 385,711 539.520 455.982 1.005,191 665,561 921,342 13.055.003 19.346,217 255,572,644 2 664,662 450,033 744,190 475,720 397,651 539,620 455,962 1.026 310 685,561 921,342 13.355.266 19.713,522 252,790,416 3 664,662 450.035 744,190 475.720 406,797 539,620 435,962 1,031.962 685,561 921,342 13,662439 20.038,510 249,476,973 4 664,662 450,035 744,190 475.720 416,174 539,620 435,982 1,076 157 653,561 921,342 13,976,675 20.406,298 24 3.5118,553 5 664,662 450.035 744,190 475,720 4 25.7 25 539.620 455.952 1.100.908 665.561 921.342 14298.159 20.762,044 241.076.265 6 664.862 450.035 744,1.90 475,720 435,517 539.620 455.952 1.126.229 685.561 921.342 14.626.996 21.126.054 235.695,874 7 664.862 4500035 744,1.90 475.720 445,534 539,620 455.982 1.152.132 645.561 921.342 14.963.417 21.498,395 229.947,549 6 450.035 744.190 473.720 453,762 539,620 435,962 1.178 631 683.561 921.342 15,307.376 21.214,438 223.295,641 9 - 744,190 475.720 466,264 539,620 433,962 1.203,740 665.561 921.342 15,659.650 21.134,069 226445.465 10 473.720 476,966 539,620 453,962 1.233,472 683.561 921.342 16.019.622 20.303,507 209,195.288 11 - - 539,620 455.982 1261.842 665,561 921.342 16.388.278 20.252,625 201.812,620 12 - 455.982 1.290.564 645.561 921.342 16.765208 20.118.957 194.506.476 13 - - - 1320.554 665.561 921.342 17,150.808 20.078.265 186.845.053 14 1330,927 921,342 17,545.276 29.617,345 178,708596 15 1381,998 - 17,948.616 19,330,636 170,292,320 16 1413,784 18,361.641 19,775,425 162_810,923 17 - 1.446,301 18,783.955 20.230,259 15z.2.97. 550 18 - - 1.479,566 19,215.989 20.695,555 141672.064 19 - - 1.533,596 19,657.957 21.171,553 129.548,506 20 1.545.409 20,110.090 22.658.399 126.734,965 21 1.5841022 20,572.622 22.136,644 102.233.060 22 1,620,439 21,045.792 22.666,247 56.237,500 23 - - - - 1.657,725 - 21.529.546 23.137,571 68435.326 24 - - - - - 1.695.453 - 22.025.032 23.720,855 49.306,595 35 - 1.734437 22,531.606 24.296,463 28,122.364 24 1,774.759 - 1.774.759 4.944.050 27 - 1.815.579 1.813.579 3443.501 28 - 1.637.337 1.637,337 1.500.070 29 _ _ _ - _ _ _ - _ _ - - 30 - - - - - - Toat a1 Pawn -twit 4,654,034 3.600.380 6,697.710 4.7 37,100 4.315122 5,935,620 5.4 71,724 38.907.161 11,912,295 22.995.765 434.557.908 530706,101 a Cnmbinad 10 year bases arc 7013 Val Lannon fFrSr6rrl 7014 F.cnarU nne. 71115 FrnerIan r9. 7018 Frnwrlanrw-and 7017 Fmwrl.M6cw Peer Cities and their TMRS Plans Plan Provisions and Rates for Cities with over 1,000 Contributing Members Updated Service Increased Benefits to Credit Retirees City 12 Municipal 2019 Rate if Employee Current Service Number 2019 Full USC & COLA Participating Deposit Rate Match. Rate Year Rate Year Retirement Contrib. Number Ratio Retirement Repeating Municipality Ratio (%) Effect. (%) Effect. Vesting Eligibilities Members Pop. Annuitants Actives/Ret Rate 21136 San Antonio 6% 2-1 100 T 2000R 70 2019 5yrs 5 yrs/age 60, 20 yrs/any age 6,939 1,511,946 4671 1.5 11.66% 17.71% 00052 Arlington 7% 2-1 100 T 1998R 50 2011R 5yrs 5 yrs/age 60, 20 yrs/any age 2,495 396,394 1725 1.4 15.81% 00302 Corpus Christi 7% 2-1 100 2019R 70 2019R 5yrs 5 yrs/age 60, 20 yrs/any age 2,321 325,733 2174 1.1 24.61% 01010 Plano 7% 2-1 100 T 1994R 70 1994R 5yrs 5 yrs/age 60, 20 yrs/any age 2,346 286,143 1191 2.0 16.67% 00730 Laredo 7% 2-1 100 2007R 70 2007R 5yrs 5 yrs/age 60, 20 yrs/any age 2,089 260,654 920 2.3 20.78% 00778 Lubbock 7% 2-1 100 T 1998R 70 2001R 5yrs 5 yrs/age 60, 20 yrs/any age 1,751 253,888 1336 1.3 17.71% 00648 Irving 7% 2-1 100 T 1992R 30 2015R 5yrs 5 yrs/age 60, 20 yrs/any age 1,450 240,373 983 1.5 14.34% 00500 Garland 7% 2-1 100 T 1999R 70 2008 5 yrs 5 yrs/age 60, 20 yrs/any age 2,005 238,002 1366 1.5 10.79% 21.32% 00030 Amarillo 7% 2-1 100 2013R 70 2010 5yrs 5 yrs/age 60, 20 yrs/any age 1,823 199,826 1112 1.6 12.18% 21.07% 10188 Brownsville 7% 2-1 100 T 1996R 70 1996R 5yrs 5 yrs/age 60, 20 yrs/any age 1,148 199,062 545 2.1 17.07% 00540 Grand Prairie 7% 2-1 100 T 1993R 70 1993R 5yrs 5 yrs/age 60, 20 yrs/any age 1,313 193,837 735 1.8 16.87% 00830 McKinney 7% 2-1 100 T 1996R 70 2003R 5yrs 5 yrs/age 60, 20 yrs/any age 1,030 181,330 292 3.5 15.07% 00486 Frisco 7% 2-1 100 T 2000R 70 2000R 5yrs 5 yrs/age 60, 20 yrs/any age 1,129 177,286 163 6.9 14.21% 00978 Pasadena 7% 2-1 100 T 1993R 40 1993R 5yrs 5 yrs/age 60, 20 yrs/any age 1,007 153,887 744 1.4 13.45% 00854 Mesquite 7% 2-1 100 T 2019R 50 2018 5yrs 5 yrs/age 60, 20 yrs/any age 1,103 144,788 777 1.4 16.51% 23.09% 00824 McAllen 7% 2-1 100 T 2016 10 yrs 10 yrs/age 60, 20 yrs/any age 1,584 142,696 515 3.1 7.76% 01330 Waco 7% 2-1 100 T 2005R 50 2014 5yrs 5 yrs/age 60, 20 yrs/any age 1,438 136,436 1003 1.4 14.02% 20.21% 00358 Denton 7% 2-1 100 T 2000R 70 2000R 5yrs 5 yrs/age 60, 20 yrs/any age 1,246 136,268 576 2.2 17.00% 00006 Abilene 7% 2-1 100 T 2004R 50 2012 5yrs 5 yrs/age 60, 20 yrs/any age 1,031 122,225 802 1.3 10.93% 17.38% 01070 Richardson 7% 2-1 50 2011 R 50 2011 R 5 yrs 5 yrs/age 60, 25 yrs/any age 1,001 116,783 688 1.5 14.44% TMRS Plan Design Current and future City Councils will retain the option to change the plan prospectively. Local affairs, including collective bargaining agreements, can impact decisions. Closing plan to new employees, though highly unusual, is permitted. More stringent funding requirements are subject to annual review by the System's consulting actuary. Level dollar contributions over shorter amortization schedule. ► If plan were to be closed, higher plan rate effective immediately = 28.64% for 2019. Rates would continuously increase as covered payroll decreases. Contributions would be required until the death of the last retiree/beneficiary. QUESTIONS City of Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, March 26, 2019 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:32 a.m. B. Invocation to be given by Pastor Rob Bailey, Southside Community Church. Pastor Rob Bailey gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Lisa Aguilar, Senior Assistant City Attorney. Senior Assistant City Attorney Lisa Aguilar led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Interim City Manager Keith Selman, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 Present: 9 - Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith E. Proclamations / Commendations 1. Presentation from CITGO. Proclamation declaring March 2019, "American Red Cross Month". Proclamation declaring March 24-31, 2019, "Cesar Chavez Week". Proclamation declaring April 1-5, 2019, "Graduate and Professional Student Appreciation Week". Proclamation declaring April 6, 2019, "Earth Day -Bay Day" and April 2019 "Earth Month". Proclamation declaring April 6, 2019, "Special Olympics Texas - Spring Games Day". Proclamation declaring April 1-7, 2019, "National Public Health Week". Mayor McComb presented the proclamations. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. All items on this agenda are considered public hearings. Mayor McComb deviated from the agenda and referred to comments from the public. Mayor McComb read a statement regarding Agenda Item 55, initiating annexation of up to 5,700 acres along the north side of Corpus Christi Bay. City Attorney Miles K. Risley read the Rules of Decorum for the Council Chambers. City Secretary Rebecca L. Huerta conducted the public comment period. John Panek, 2008 Oak Ridge, Portland, Texas; Nathan East, San Patricio County; Sam Goucher, Portland, Texas; Nina G. Trevino, San Patricio County Commissioner, 113 Moonlite, Portland, Texas; Shawn Cass, 102 Hawthorne, Portland, Texas; Dalia Sanchez, San Patricio Tax Assessor/Collector, 2009 Pecan, Portland, Texas; Pamela Hill, San Patricio Elections Administrator, 14492 CR 1478, Odem, Texas; Ronnie Parks, Mayor of Ingleside; Gary Moore, San Patricio County Commissioner, 604 E. Broadway, Portland; Debra Barrett, President of the San Patricio Drainage District; Errol Summerlin, Portland Texas, member of the Coastal Alliance to Protect Our Environment (CAPE); and Ken Baker, 7471 Idle Hour, spoke in opposition to Agenda Item 55, initiating City of Corpus Christi Page 2 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 annexation of up to 5,700 acres along the north side of Corpus Christi Bay. Brian Watson, 5813 Hugo, spoke regarding the Port of Corpus Christi Authority's affiliation with The Carlyle Group related to the Harbor Island Project. James T.C. Chadden, 1718 Arlington, thanked Council Members Hunter, Barrera, Molina, Roy, and Hernandez for attending an event at Sherrill Park honoring Vietnam veterans and proposed a fundraising opportunity to Council Member Molina for veterans. Susie Luna Saldana, 4710 Hake!, spoke regarding the firm hired to search for a new city manager and annexation. Sylvia Campos, 4410 Fir, spoke in opposition to Agenda Item 38, creating Industrial District No. 4 and Agenda Item 55, initiating annexation of up to 5,700 acres along the north side of Corpus Christi Bay. Rolando Garza, P.O. Box 252, spoke in support of the regional youth sports complex and Agenda Item 55, initiating annexation of up to 5,700 acres along the north side of Corpus Christi Bay. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. Interim City Manager Keith Selman reported on the following topics: b. OTHER 1) The Health Fair will be held Saturday, April 5, 2019 from 9:00 a.m. to 1:00 p.m. at 1702 Horne Road. 2) The Stormwater Division, in conjunction with Texas A&M AgriLife, will be hosting a Soil Sampling Demonstration on Friday, March 29, 2019 at 11:00 a.m. at the Museum of Science and History, 1900 N. Chaparral. Soil sampling kits will be available at the following locations: Bay Area Landscape Nursery, City Hall, City of Corpus Christi Water Utilities Building, Ethel Eyerly Senior Center, Gill's Landscape Nursery, Owen R. Hopkins Public Library, South Texas Botanical Gardens, Texas A&M AgriLife Extension, and Turner's Gardenland. 3) A series of community input events will be held regarding the Southside & London Area Development Plan on Monday, April 1, 2019, Tuesday, April 2, 2019, and Thursday, April 4, 2019 at Most Precious Blood Catholic Church - St. Juliana Family Center located at 3502 Saratoga Boulevard. a. UTILITY BILLING Interim City Manager Selman introduced Interim IT Director Peter Collins who provided the following information regarding the City's lnfor Software and utility billing system: progress regarding the Development Services portal; the progress on missed utility bills; and the external audit. In response to Mayor McComb, Mr. Collins stated that the grace period for missed utility bills will end on June 1, 2019. G. MINUTES: 2. Regular Meeting of March 19, 2019. Mayor McComb referred to approval of the minutes. Council Member Guajardo made a motion to approve the minutes, seconded by Council Member Molina and passed unanimously (Council Member Barrera — absent). City of Corpus Christi Page 3 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 H. BOARD & COMMITTEE APPOINTMENTS: 3. Building Standards Board Island Strategic Action Committee Library Board Museum of Science and History Advisory Board Sister City Committee Tree Advisory Committee Mayor McComb referred to board and committee appointments. The following appointments were made: Building Standards Board Council Member Molina made a motion to reappoint Dante C. Miller (Home Builder), seconded by Council Member Smith and passed unanimously (Council Member Barrera — absent). Council Member Smith nominated Sheridan A. Benning (At -Large). Council Member Molina nominated Pete G. Cavazos (At -Large). Pete G. Cavazos (At -Large) was appointed with Mayor McComb and Council Members Hunter, Barrera, Garza, Molina, Roy, and Hernandez voting for Pete G. Cavazos and Council Members Guajardo and Smith voting for Sheridan A. Benning. Island Strategic Action Committee Council Member Barrera made a motion to reappoint Aaron B. Huffman (Developer) and Cheri Sperling (Padre Island Business Association), seconded by Council Member Molina and passed unanimously. Council Member Smith made a motion to realign Aaron B. Huffman from Developer to At -Large, seconded by Council Member Guajardo and passed unanimously. Council Member Smith made a motion to appoint Polly L. Balzer (Padre Isles Property Owners Association), seconded by Council Member Molina and passed unanimously. Council Member Smith made a motion to appoint Charles F. Duffley (Developer), seconded by Council Member Barrera and passed unanimously. Council Member Guajardo nominated Kateryna M. Wowk (At -Large). Council Member Hernandez nominated Alan A. Guggenheim (At -Large). Council Member Barrera nominated Kaylynn J. Paxon (At -Large). Kaylynn J. Paxon (At -Large) was appointed with Mayor McComb and Council Members Roy, Molina, Smith, Garza, Barrera, and Hunter voting for Kaylynn Paxon; Council Member Hernandez voting for Alan A. Guggenheim; and Council Member Guajardo voting for Kateryna M. Wowk. Library Board City of Corpus Christi Page 4 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 Council Member Barrera made a motion to appoint Roberta H. Sewell (Friends of the Libraries Board), seconded by Council Member Hunter and passed unanimously. Museum of Science and History Mayor McComb made a motion to reappoint Christina C. Buttler (Community Advocate), Anita Eisenhauer (Community Advocate), Cary Perales (K-12 Education) and Sonia Castillo Plemons (Business Community); reappoint and realign Karen J. Howden to K-12 Education and Claudia C. Huerta to Business Community; and appoint Jack Southard (Higher Education), Kathy Wemer (Higher Education), and Sylvia A. Tryon Oliver (Community Advocate), seconded by Council Member Garza and passed unanimously. Sister City Committee Council Member Garza made a motion to appoint Susane "Westi" Horn (Advertising/Public Relations), seconded by Council Member Hernandez and passed unanimously. Tree Advisory Committee Council Member Garza made a motion to reappoint Kevin Gibbs (At -Large) and Donald C. Fields (AEP Texas Representative), seconded by Council Member Molina and passed unanimously. Council Member Molina made a motion to appoint Alex H. Husby (Certified Arborist or Urban Forester), seconded by Council Member Roy and passed unanimously. Council Member Barrera nominated M. Joseph Cerasaro (At -Large). Council Member Roy nominated Carlos Maldonado (At -Large). Carlos Maldonado (At -Large) was appointed with Mayor McComb and Council Members Hunter, Guajardo, Roy, and Hernandez voting for Carlos Maldonado and Council Members Barrera, Garza, Smith, and Molina voting for M. Joseph Cerasaro. I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 41) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. City Secretary Rebecca L. Huerta announced that Mayor McComb and Council Member Molina were abstaining on Item 17. A citizen requested that Items 37 and 38 be pulled for individual consideration. Council members requested that Items 8, 17, 21, 24 — 28, and 31 be pulled for individual consideration. Council Member Guajardo made a motion to approve the consent agenda, City of Corpus Christi Page 5 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 4. seconded by Council Member Hunter. The consent agenda items were passed and approved by one vote as follows: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Resolution authorizing an amendment to the Interlocal Agreement for Radio Communications Systems to include the Port of Corpus Christi Authority as a participant Resolution authorizing execution of an amendment to Radio Communications System Interlocal Agreement between City of Corpus Christi, Regional Transportation Authority and Nueces County to include Port of Corpus Christi Authority as a participant. This Resolution was passed on the consent agenda. Enactment No: 031705 5. Resolution for the purchase of Bomb Suits for the Police Department Resolution authorizing the purchase of two EOD 10 bomb suits from MED -ENG, LLC of Ogdensburg, New York for a total amount not to exceed $70,062. This Resolution was passed on the consent agenda. Enactment No: 031706 6. Lease Purchase of two ambulances for the Fire Department Motion authorizing the lease purchase of two ambulances from Siddons-Martin Emergency Group, of Houston, Texas for an amount not to exceed $533,199.64. This Motion was passed on the consent agenda. Enactment No: M2019-037 7. Resolution for a Service Agreement for Inspection, Cleaning, and Repair of Bunker Gear for the Fire Department Resolution authorizing a three-year service agreement for inspection, cleaning, and repair of bunker gear with Gear Cleaning Solutions, LLC of Dallas, Texas for an amount not to exceed $390,000. This Resolution was passed on the consent agenda. City of Corpus Christi Page 6 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 Enactment No: 031707 9. Resolution Approving a Chapter 212 Agreement with Epic Y -Grade Logistics, L.P. Resolution authorizing an agreement with Epic Y -Grade Logistics, L.P., under Chapter 212 of the Texas Local Government Code, relating to the development of property in the City's extraterritorial jurisdiction This Resolution was passed on the consent agenda. Enactment No: 031709 10. Software Maintenance Agreement Amendment for the STAR Fixed Network Advanced Metering System for Information Technology Motion authorizing an amendment to Aclara Technologies LLC software maintenance agreement to allow four renewal years of annual maintenance with Aclara Technologies LLC of Hazelwood, Missouri for an amount not to exceed $116,435.75. This Motion was passed on the consent agenda. Enactment No: M2019-038 11. Purchase of Phone System Support and Upgrades for Information Technology Motion authorizing the purchase of a three-year phone support flex plan and a statement of work for phone system support and upgrades under the current master services agreement with Great South Texas Corporation dba Computer Solutions of San Antonio, Texas for a total amount not to exceed $504,062.50 and ratifying the purchase back to the effective date of January 30, 2019. This Motion was passed on the consent agenda. Enactment No: M2019-039 12. Resolution for a Service Agreement for Phone System Updates with TPx Communications for Information Technology Resolution authorizing a three-year service agreement for phone system updates and support for the core phone system with TPx Communications Co. of Austin, Texas, for an amount not to exceed $390,000 and ratifying the agreement back to the effective date of January 30, 2019. This Resolution was passed on the consent agenda. Enactment No: 031710 City of Corpus Christi Page 7 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 13. Service Agreement for Commvault and Nimble Support for Information Technology Motion authorizing two one-year service agreements with Freeit Data Solutions of Austin, Texas for Commvault software support for $53,657.55 and for Nimble software support for $40,154.82, for a total amount not to exceed $93,812.37. This Motion was passed on the consent agenda. Enactment No: M2019-040 14. Resolution authorizing participation in cooperative purchasing program for pharmaceuticals 15. Resolution authorizing participation in cooperative purchasing program with the Minnesota Multistate Contracting Alliance for Pharmacy, for the purchase of pharmaceuticals for the City and the Corpus Christi-Nueces County Public Health District. This Resolution was passed on the consent agenda. Enactment No: 031711 Renewal of Professional Services Agreement for the Medical Provider for Tuberculosis Clinic Services at the Corpus Christi Nueces County Public Health District Motion authorizing a two-year amendment for renewal of the professional services agreement with Dr. William W. Burgin, Jr. M.D., as the medical provider for the Corpus Christi Nueces County Health District for an amount not to exceed $36,000, and a total revised agreement amount of $72,000. This Motion was passed on the consent agenda. Enactment No: M2019-041 16. Professional Services Contracts for Construction Staff Support (Capital Improvement Program and Bond Projects) Motion authorizing multiple amendments to existing contracts with optional renewals to be administratively approved totaling $1,297,920 for providing Construction Inspection Staff Support for Engineering Services. 1. Award contract amendments to Freese and Nichols - 2 Inspectors at $413,920 2. Award contract amendments to Heneco - 4 Inspectors at $696,800 City of Corpus Christi Page 8 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 3. Award contract amendment to Maverick Engineering - 1 Inspector at $187,200 This Motion was passed on the consent agenda. Enactment No: M2019-042 18. Professional Services Contract Amendment No. 1 for Packery Channel Monitoring Motion to authorize execution of Amendment No. 1 with Texas A & M University - Corpus Christi (TAMU-CC) in the amount of $188,123.00 for a total restated fee of $238,114 for Packery Channel Monitoring. This Motion was passed on the consent agenda. Enactment No: M2019-044 19. Professional Services Contract for Six Points Intersection Improvements (Capital Improvement Program) Motion to authorize a professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $421,340 for Six Points Intersection Improvements project. This Motion was passed on the consent agenda. Enactment No: M2019-045 20. Supply Agreement for Econolite Traffic Controllers for Street Operations Motion authorizing a three-year supply agreement for Econolite Cobalt Controllers with Paradigm Traffic Systems, Inc of Arlington, Texas for an amount not to exceed $147,000. This Motion was passed on the consent agenda. Enactment No: M2019-046 22. Master Services Agreement (MSA) for Professional Services for the Citywide Large -Size Water Line Assessment and Repairs Project (Capital Improvement Program) Motion to authorize execution of a Master Services Agreement (MSA) for professional services with Lockwood, Andrews & Newnam, Inc. (LAN) of Corpus Christi, Texas for a period of one (1) year in the amount of $300,000 with two (2) optional 1 -year renewals for a total contract cost of $900,000 for the Citywide Large -Size Water Line Assessment and Repairs project. City of Corpus Christi Page 9 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 This Motion was passed on the consent agenda. Enactment No: M2019-048 23. Service Agreement for the Purchase of Motors and Preventative Maintenance for Rotork Actuators for Utilities Department Resolution authorizing a two-year service agreement with Rotork Controls, Inc. of Houston, Texas for the purchase of two motors and preventative maintenance of Rotork actuators at Wesley Seale Dam for a total amount not to exceed $68,218. This Resolution was passed on the consent agenda. Enactment No: 031712 29. Supply Agreement for the Purchase of Pipe Repair Clamps for Utilities Motion authorizing a three-year supply agreement with Core & Main, LP of Corpus Christi, Texas, for the purchase of pipe repair clamps for a total amount not to exceed $1,067,790. This Motion was passed on the consent agenda. Enactment No: M2019-053 30. Resolution for Service Agreements for recap tire repairs for Asset Management Department Resolution authorizing two, one-year service agreements for recap tire repairs with Beasley Tire Service -Houston Inc of Houston, Texas and The Goodyear Tire and Rubber Company of Akron, Ohio for the total combined amount not to exceed $127,637.40 with two, one-year options for a total potential multi-year amount of $382,912.20. This Resolution was passed on the consent agenda. Enactment No: 031714 32. Second Reading Ordinance - Rezoning for a Property located at or near 3202 Interstate 69 (1st Reading 3/19/19) Case No. 0219-01 Walker Holdings and Development, LLC: Request for rezoning property at or near 3202 Interstate 69 from the "FR" Farm Rural District to the "RS -6" Single -Family 6 District. Planning Commission and Staff Recommendation (February 6, 2019): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -6" Single -Family 6 District. City of Corpus Christi Page 10 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 Ordinance rezoning property at or near 3202 Interstate 69 from the "FR" Farm Rural District to the "RS -6" Single -Family 6 District. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031716 33. Second Reading Ordinance - Rezoning for a Property located at or near 542 Airline Road (1st Reading 3/19/19) Case No. 0119-05 Bar Property Management, LLC: Request for rezoning a property at or near 542 Airline Road from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District (Requires 3/4 Vote) Planning Commission and Staff Recommendation (February 6, 2019): Denial of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions. Ordinance rezoning property at or near 542 Airline Road from "CN -1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit This Ordinance was passed on second reading on the consent agenda. Enactment No: 031717 34. Second Reading Ordinance - Amending City Code to establish vicious dog regulations (1st Reading 3/19/19) Ordinance amending Chapter 6 of the Corpus Christi Code to establish vicious dog regulations; and providing for penalty. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031718 35. Second Reading Ordinance - Easement Closure for properties located at 118 La Aves Court and 123 Rum Cay Court (1st Reading 3/19/19) Ordinance abandoning and vacating portions of an existing utility easement, a 46.9 square foot portion out of Lot 35 (118 Las Aves Court) and a 48.1 square foot portion out of Lot 37 (123 Rum Cay Court), Block 1, The Preserve at Mustang Island, Unit 1. City of Corpus Christi Page 11 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 This Ordinance was passed on second reading on the consent agenda. Enactment No: 031719 36. Second Reading Ordinance - Amendment to City Code of Ordinances for Outside City Limits Water Contracts (1st Reading 3/19/19) Ordinance amending Chapter 55 of the Corpus Christi Code to allow one contract for entire subdivision for outside city limit water contracts and allow transfer of water services outside the City limits without a new contract for the same use. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031720 39. Second Reading Ordinance - Amending City Code Regarding Commercial Vehicle and Loading Zones (1st Reading 3/19/19) Ordinance amending the Corpus Christi Code regarding loading zones, commercial vehicles, passenger loading and unloading, and adjusting a portion of the Corpus Christi International Airport short-term parking rate. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031722 40. Second Reading Ordinance - Lease Agreement for the Fiesta de la Flor Event in Corpus Christi (1st Reading 3/19/19) Ordinance authorizing agreement with the Corpus Christi Convention and Visitors Bureau (CCCVB) for 2019 Fiesta de la Flor event and related activities to be held on April 12, 2019 and April 13, 2019, and allow use of streets bounded by Power Street, N. Water Street, Resaca Street and Shoreline Blvd. and including the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street and providing for payment of 50% of costs for City services provided for the event. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031723 41. Second Reading Ordinance - Appropriating funds for the Purchase of Heavy Equipment for Utilities (1st Reading 3/19/19) Ordinance appropriating $222,475 from the Fleet Fund Future Replacement Reserve; amending the FY2018-2019 operating budget adopted by Ordinance 031548 to increase expenditures; and approving the purchase of John Deere heavy equipment from Doggett Heavy City of Corpus Christi Page 12 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 Machinery of Corpus Christi, Texas, via BuyBoard for a total amount not to exceed $1,459,287. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031724 8. Resolution Approving a Chapter 212 Agreement with Gulf Coast Growth Ventures Resolution authorizing an agreement with Gulf Coast Growth Ventures LLC under Chapter 212 of the Texas Local Government Code, relating to the development of property in the City's extraterritorial jurisdiction. Mayor McComb referred to Item 8, approving a Chapter 212 Agreement with Gulf Coast Growth Ventures. Mike Culbertson and lain Vasey, Corpus Christi Regional Economic Development Corporation, and council members discussed the following topics: a council member expressed concern regarding Section 2.2.B. related to the most favored nation clause; that Section 2.2.B. language is in the current industrial district agreements; the reason for including Section 2.2.B. in the agreement with Gulf Coast Growth Ventures; that the current industrial contracts expire in 2024; aligning the terms of all industrial district agreements; and that the payment in lieu of taxes amount of 62.5% should be changed to equal to the industrial district rate for future contracts. There were no comments from the public. Council Member Smith made a motion to approve the resolution, seconded by Council Member Hernandez. This Resolution was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 031708 17. 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 City of Corpus Christi Page 13 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 Abba Construction, LLC of Laredo, Texas (Alternate Contractor) Mayor McComb referred to Item 17. Mayor McComb announced that he and Council Member Molina were abstaining from this item. There were no comments from the public. Council Member Hernandez made a motion to table this item until a new City Manager is hired, seconded by Council Member Garza. Council members and Director of Engineering Services Jeff Edmonds discussed the following topics: the terms of the agreement; to wait for a recommendation from the new City Manager regarding management and administration of these types of projects; the reason for increasing the maximum aggregate from $2,000,000 to $2,500,000 per agreement; that Bond 2018 has approximately $20 million worth of facility -type work; that the FMAC agreements that do not exceed $500,000 can be authorized by the City Manager; that the FMAC allow the City to expedite projects; that, with the exception of the alternate contractor, all the contractors are local; how tabling the item would impact the Bond 2018 projects; a council member suggested reducing the maximum aggregate per contract to $2,000,000 and removing the renewal terms; if the bonds for Bond 2018 have been sold; council members recommended a one-year agreement; that the current FMAC agreements expire in July; Interim City Manager Selman's recommendation; and providing the City Council with quarterly reports regarding the FMAC. The motion to table failed with the following vote: Council Member Hernandez voting "Aye"; Council Members Hunter, Roy, Smith, Barrera, Garza, and Guajardo voting "No"; Mayor McComb and Council Member Molina abstained. Council Member Hernandez made a motion to amend the motion to a one-year agreement, with one option to renew, with City Council approval, with a maximum aggregate of $2,500,000 per agreement in any one year, seconded by Council Member Garza and passed unanimously (Mayor McComb and Council Member Molina - abstained). Council Member Garza 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: 7 - Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Roy and Council Member Smith Abstained: 2 - Mayor McComb and Council Member Molina Enactment No: M2019-043 21. Construction Change Order and Professional Services Amendment for City -Wide Water Distribution System Repair and Replacement Indefinite Delivery/Indefinite Quantity Program (IDIQ) (Capital Improvement Program) Motion to authorize execution of Change Order No. 1 with CPC Interests, LLC dba Clark Pipeline Services, LLP of Corpus Christi, Texas in the City of Corpus Christi Page 14 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 amount of $1,275,000 for a total restated fee of $6,375,000 and Amendment No. 1 to the Professional Services Contract with Urban Engineering of Corpus Christi, Texas in the amount of $451,746 for a total restated fee not to exceed $802,256, for the City -Wide Water Distribution Repair and Replacement IDIQ Program (Capital Improvement Program). Mayor McComb referred to Item 21, City -Wide Water Distribution Repair and Replacement Indefinite Delivery/Indefinite Quantity (ID/IQ) Program. Executive Director of Water Utilities Dan Grimsbo, Interim Assistant City Manager Constance Sanchez, Director of Engineering Services Jeff Edmonds and Assistant City Manager Mark Van Vleck and a council member discussed how the project is being funded. There were no comments from the public. Council Member Garza made a motion to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: M2019-047 24. Service Agreement for Mechanical Bar Screen for Laguna Madre Wastewater Treatment Plant Motion authorizing a one-year service agreement for the purchase, installation oversight and warranty of one mechanical bar screen for Laguna Madre Wastewater Treatment Plant from Headworks International, Inc. of Houston, Texas for a total amount not to exceed $67,438. Mayor McComb referred to Item 24. Director of Water Utilities Kevin Norton stated that the purpose of this item is to authorize the purchase of a mechanical bar screen for Laguna Madre Wastewater Treatment Plant. A council member stated that Items 24 - 28 are related to wastewater treatment plants and questioned the funding for the purchases. Interim Assistant City Manager Constance Sanchez stated that funding is included in the reserve appropriation. There were no comments from the public. Council Member Garza made a motion to approve the motion, seconded by Council Member Smith. This Motion was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: M2019-049 City of Corpus Christi Page 15 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 25. Service Agreement for Mechanical Bar Screens for the Allison Wastewater Treatment Plant Motion authorizing a one-year service agreement for the purchase, installation oversight and warranty of two mechanical bar screens from Headworks International, Inc., of Houston, Texas for a total amount not to exceed $115,961. This item was discussed during Item 24. Council Member Garza made a motion to approve the motion, seconded by Council Member Smith. This Motion was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: M2019-050 26. Service Agreement for Submersible Pump for the Everhart -Staples Lift Station Motion authorizing a one-year service agreement for the purchase, installation oversight and warranty of one submersible pump from Pump Solutions Inc. of New Caney, Texas for a total amount not to exceed $73,480. This item was discussed during Item 24. Council Member Garza made a motion to approve the motion, seconded by Council Member Smith. This Motion was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: M2019-051 27. Service Agreement for the purchase and installation of two variable drive cabinets at the Sand Dollar Pump Station Motion authorizing a one-year service agreement with Tornado Automation, LLC of Jourdanton, Texas for the purchase and installation of two variable frequency drive cabinets at Sand Dollar Pump Station for a total amount not to exceed $103,977. City of Corpus Christi Page 16 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 This item was discussed during Item 24. Council Member Garza made a motion to approve the motion, seconded by Council Member Smith. This Motion was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: M2019-052 28. Resolution authorizing a Service Agreement for Preventative Maintenance and Parts for the Plant Disinfection System at the O.N. Stevens Plant Resolution authorizing a five-year service agreement for preventative maintenance and purchase of parts and materials for the plant disinfection system with Environmental Improvement, Inc. of Houston, Texas for a total amount not to exceed $312,551. This item was discussed during Item 24. Council Member Garza made a motion to approve the resolution, seconded by Council Member Smith. This Resolution was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 031713 S. EXECUTIVE SESSION: (ITEMS 58 - 59) Mayor McComb deviated from the agenda and referred to Executive Session Items 58 and 59. The Council went into executive session at 2:19 p.m. The Council returned from executive session at 3:08 p.m. 58. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to annexation, disannexation, cession agreements for extraterritorial jurisdiction, apportionment of extra -territorial jurisdiction between municipalities, interlocal agreements with water districts and neighboring municipalities, contracts for potential economic development agreement(s) with entities that are considering the construction, expansion, and/or ownership of industrial facilities (including, but not limited to proposed Gulf Coast Growth Ventures' chemical manufacturing facility in San Patricio County, City of Corpus Christi Page 17 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 Texas, proposed fractionator and related facilities in Nueces County, economic development agreements relating to property currently or formerly owned by Voestelpine, Corpus Christi Liquefaction, LLC, and other entities and existing and proposed industrial facilities in San Patricio County and Nueces County) that are and/or will be consumers of water and/or wastewater services and connections to the Mary Rhodes Pipeline for facilities to supply water thereto, potential legislation currently being considered in the Texas Legislature related to annexation and other issues, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). This E -Session Item was discussed in executive session. 59. Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to an arbitration proceeding relating to discipline of an employee of the City's Fire Department and pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate matters related to discipline and/or dismissal of a City firefighter (including, but not limited to, Ron Martinez), and further including possible action in open meeting related to professional services agreement with Knight Law Firm LLP for legal matters related to the aforesaid arbitration proceeding. Mayor McComb referred Item 59 and the following motion was considered: Motion to authorize the City Manager or his designees to execute a contract for professional services with Knight Law Firm, LLP in the maximum amount of $22,500 for additional services related to the arbitration of the Ron Martinez termination. Council Member Smith made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: M2019-055 M. RECESS FOR LUNCH The recess for lunch was held during Executive Session Items 58 and 59. City of Corpus Christi Page 18 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 Q. BRIEFINGS: (ITEM 57) 57. Summary of Coastal Bend Birth Defects Inquiries Mayor McComb deviated from the agenda and referred to Item 57. Dr. James Mobley, San Patricio Health Authority and Chair of the Regional Health Awareness Board (RHAB), stated that the purpose of this item is to provided a summary of the Coastal Bend Birth Defects inquiries. Dr. Mobley recognized the RHAB members in the audience and presented the following information: that in 2006, birth defects in Corpus Christi were 84% higher than other Texas cities; birth defects from 1999 - 2006; the types of birth defects identified; 2008 Texas birth defects registry possible clusters and results; a study map of the sites; that the U.S. Environmental Protection Agency studied water and determined that water source was not associated with birth defects; that the Agency for Toxic Substance Disease registry studied air quality and determined that air quality rarely reached harmful levels; and the 2018 Texas Birth Defects Registry study area and conclusions. Dr. Mobley reported that there are no clear causes for the birth defects. Dr. Mobley stated that birth defects have been associated with the lack of prenatal care, diabetes, obesity and smoking. In response to Mayor McComb, Dr. Mobley stated that mothers are interviewed to determine associated factors of birth defects. K. CONSENT AGENDA: (ITEMS 31, 37 - 38) 31. Resolution authorizing outside city limits water contracts for River Edge Village - Phase 1 Subdivision. Mayor McComb referred to Item 31, authorizing outside city limits water contracts for River Edge Village - Phase 1 Subdivision. In response to a council member, Director of Development Services Nina Nixon -Mendez stated that the subdivision will utilize septic tanks and the wastewater construction fee exemption was approved at a previous Council meeting. There were no comments from the public. Council Member Guajardo made a motion to approve the resolution, seconded by Council Member Garza. This Resolution was passed and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Nay: 1 - Council Member Hernandez Abstained: 0 Enactment No: 031715 37. Second Reading Ordinance - Interlocal Agreement with the Port of Corpus Christi Authority for a permitting program (1st Reading City of Corpus Christi Page 19 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 3/19/19) Ordinance authorizing execution of an Interlocal Agreement between City of Corpus Christi and Port of Corpus Christi Authority for a permitting program; and waiving building permit requirements for Port of Corpus Christi Authority property. Mayor McComb referred to Item 37, an interlocal agreement with the Port of Corpus Christi Authority (Port) for a permitting program. Errol Summerlin, Citizens Alliance for Fairness and Progress, requested that this item be tabled to allow the Hillcrest neighborhood to determine whether the agreement affects Port -owned properties located in the Hillcrest neighborhood. Council members and Director of Development Services Nina Nixon -Mendez discussed the following topics: that the agreement applies to all Port properties within the City limits; that the agreement does not exempt the Port from zoning, health permits, demolition permits, and fire permits; that the Port shall require all new construction or renovation of buildings, structures, facilities and infrastructure to meet or exceed applicable City Code standards; the termination clause; the reason the Port is required to follow zoning requirements; that the agreement is patterned after other cities; a presentation from the Port to include an update on the buy-out program regarding the new Harbor Bridge; and the livability plan for the neighborhood. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Smith. Mayor McComb called for comments from the public. Daniel Pena, 2813 Hilbert, spoke in opposition to the Hillcrest Port -owned properties being included in the agreement and spoke regarding property maintenance and rodent control issues in the Hillcrest neighborhood. Council Member Garza withdrew his motion to approve the ordinance and Council Member Smith withdrew his second. Council Member Roy made a motion to table this item until April 9, 2019, seconded by Council Member Hernandez. This Item was tabled with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 38. Second Reading Ordinance - Creating Industrial District No. 4 (1st Reading 3/19/19) Ordinance authorizing the establishment of Industrial District No. 4 within the extraterritorial jurisdiction of the City of Corpus Christi, Texas; and authorizing Industrial District Agreement No. 102 with Epic Y -Grade City of Corpus Christi Page 20 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 Logistics, L.P. Mayor McComb referred to Item 38, creating Industrial District No. 4. Errol Summerlin, Coastal Alliance to Protect Our Environment (CAPE) expressed concern regarding industrial development and its affects on the environment. In response to a council member, Director of Planning and ESI Daniel McGinn stated that this industrial district is northwest of the Lynodell facility on Violet Road located in Nueces County outside the city limits and adjacent to Industrial District No. 2. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on second reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: 031721 L. FUTURE AGENDA ITEMS: (ITEMS 42 - 44) Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman stated that staff had a planned presentation on Item 44. 42. Purchase of two Ford F-150 crew cab trucks for the Police Department Motion authorizing the purchase of two Ford F-150 crew cab trucks from Silsbee Ford Inc. of Silsbee, Texas for a total amount not to exceed $62,736.10. This Motion was recommended to the consent agenda. 43. Resolution authorizing a service agreement for maintenance and inspection of fire extinguishers Resolution rejecting the apparent low bid of Cintas Corporation and the apparent second low bid of Draco Fire and Safety, LLC as non-responsive and authorizing a five-year service agreement for fire extinguishers annual maintenance and inspection with IFS Fire and Safety Inc., of Corpus Christi, Texas, as the lowest responsive bidder, for an amount not to exceed $153,175.50. This Motion was recommended to the consent agenda. 44. Motion appointing Council Member Everett Roy to the American Bank Center's Advisory Council. City of Corpus Christi Page 21 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 This Motion was recommended to the consent agenda. N. PUBLIC HEARINGS: (ITEMS 45 - 49) 45. Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 1401 North Alameda Street. Case No. 0219-02 HCS 311, LLC: Request for rezoning a property at or near 1401 North Alameda Street from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District. Planning Commission and Staff Recommendation (February 20, 2019): Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District Applicants Request (3/4 Vote Required) Ordinance rezoning property at or near 1401 North Alameda Street from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District. Mayor McComb referred to Item 45. Director of Development Services Nina Nixon -Mendez stated that the purpose of this item is to rezone the subject property to allow for the construction of a laydown yard. Ms. Nixon -Mendez presented the following information: an aerial overview of the subject property; the zoning pattern; a rendering of the potential laydown yard; the vacant and improved lots in the area; the neighborhood amenities; transportation access; and "RM -1" and "IL" land use comparisons. Ms. Nixon -Mendez stated that Planning Commission and staff recommend denial of the zoning change. Council members and staff discussed the following topics: the number of residents in the area; the vacant property in the area; the noise impact; the scheduled completion of the new Harbor Bridge; when the expected redevelopment is proposed to take place; the Downtown Area Development Plan, including redevelopment of the neighborhood; decommissioning of the old wastewater treatment plant; that the laydown yard is a short-term use of the property; the homes occupied adjacent to the property; that the property is located in an opportunity zone; that the property is located across from the Broadway Wastewater Treatment Plant; the zoning pattern for the area; when the Downtown Area Development Plan was approved; a council member recommended zoning "RM-1/SP" with a five-year expiration; that the property was previously the Northside Manor Apartments. Mayor McComb opened the public hearing. George Clower, 415 Starr, representative for the applicant, spoke regarding: a background of the subject property; the challenges with finding a buyer for the property; the property's proximity to the treatment plant; noise in the area; the realignment of the Harbor Bridge; challenges associated with multi -family and affordable housing in the area; that the area is predominately industrial; and stated that the applicant is open to a special permit. Daniel Pena, 2813 Hulbirt; Adam Carrington, 2949 Riverbend Court; Maury Wolfson, 3535 Santa Fe, Lamont Taylor, 522 Hancock; Eddie Jackson Mathis, 4721 Angela; Gwendolyn Y. City of Corpus Christi Page 22 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 Coleman, 1207 Sam Rankin; and Errol Summerlin, Citizens Alliance for Fairness and Progress, spoke regarding the redevelopment of the area, the proposed livability plan and in opposition to the zoning change. Tim Clower, 415 Starr Street, spoke regarding the safety issues in the area and in support of the zoning change. Mayor McComb closed the public hearing. Council members discussed the following topics: the reduction of residential in the area; concern with redevelopment of the area; protection of historical areas; when the Downtown Area Development Plan was approved; and industrial uses in the area. Council Member Roy made a motion to table this item to April 16, 2019 to allow staff work with the applicant regarding a special permit, seconded by Council Member Smith. This Item was tabled with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 46. Second Reading Ordinance - Rezoning for a Property located at or near 3502 County Road 7B. (1st Reading 3/26/19) Case No. 0219-03 Mostaghasi Investment Trust: Request for rezoning property at or near 3502 County Road 7B from the "FR" Farm Rural District and the "CG -2" General Commercial District to the "RS -6" Single -Family 6 District. Planning Commission and Staff Recommendation (February 20, 2019): Approval of the change of zoning from the "FR" Farm Rural District and the "CG -2" General Commercial District to the "RS -6" Single -Family 6 District. Ordinance rezoning property at or near 3502 County Road 7B from the "FR" Farm Rural District and the "CG -2" General Commercial District to the "RS -6" Single -Family 6 District. Mayor McComb referred to Item 46. Director of Development Services Nina Nixon -Mendez stated that the purpose of this item is to rezone the subject property to allow for construction of single-family homes. Ms. Nixon -Mendez stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. There were no comments from the Council or the public. Mayor McComb closed the public hearing. Council Member Hernandez made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 23 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 47. Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 213 Kleberg Place. Case No. 0219-04 SCCBH, LLC: Request for rezoning property at or near 213 Kleberg Place from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District. Planning Commission and Staff Recommendation (February 20, 2019): Approval of the change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District. Ordinance rezoning property at or near 213 Kleberg Place from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District. Mayor McComb referred to Item 47. Director of Development Services Nina Nixon -Mendez stated that the purpose of this item is to rezone the subject property to allow for construction of a hotel. Ms. Nixon -Mendez stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. There were no comments from the Council or the public. Mayor McComb closed the public hearing. Council Member Molina made a motion to approve the ordinance seconded by Council Member Guajardo. This Ordinance was passed on first reading and approve with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 48. Public Hearing and First Reading Ordinance - Amending the Unified Development Code regarding bars, taverns or pubs Ordinance amending the Unified Development Code regarding specific standards relating to bars, taverns or pubs. Mayor McComb referred to Item 48. Director of Development Services Nina Nixon -Mendez stated that the purpose of this item is to amend the Unified Development Code (UDC) regarding the specific standards related to bars, taverns or pubs to align the UDC with the City's Municipal Codes. This item was tabled at the September 11, 2018 City Council meeting to allow time to conduct public outreach. Ms. Nixon -Mendez presented the following information: the distance requirements for bars, taverns and pubs; the proposed text City of Corpus Christi Page 24 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 amendment; distance requirements in other Texas cities; and public notice. Mayor McComb opened the public hearing. There were no comments from the Council or the public. Mayor McComb closed the public hearing. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 49. Public Hearing and First Reading Ordinance - Urban Transportation Plan map amendment for a segment of Bronx Avenue Ordinance amending Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by removing a segment of Bronx Avenue. Mayor McComb referred to Item 49. Director of Development Services Daniel McGinn stated that the purpose of this item is to amend the Urban Transportation Plan by removing a segment of Bronx Avenue, a collector street between Master Drainage Channel 31 and Lipes Boulevard. Mr. McGinn presented the following information: a map of the subject area; the proposed amendment; the 2016 Transportation Plan; bicycle mobility; and the proposed Airline Crossing Unit 3 plans. Council members discussed the following topics: Del Mar College's previous request to remove the proposed segment of Bronx Avenue to Yorktown Boulevard; that Del Mar College is paying for the pedestrian bridge and bicycle path; the location of Fire Station 17; and the impact the removal of Bronx Avenue will have on emergency response times. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Nay: 1 - Council Member Hernandez Abstained: 0 O. REGULAR AGENDA: (ITEMS 50 - 55) City of Corpus Christi Page 25 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 50. Resolution for a Supply Agreement to Purchase Water Lab Clinical Supplies Resolution authorizing a three-year supply agreement for the purchase of water lab clinical supplies with IDEXX Distribution, Inc., of Westbrook, Maine for an amount not to exceed $105,000. Mayor McComb referred to Item 50. Director of Public Health Annette Rodriguez stated that the purpose of this item is to authorize a three-year supply agreement for the purchase of water lab clinical supplies to test water for bacteria in the amount of $105,000. There were no comments from the Council or the public. Council Member Barrera made a motion to approve the resolution, seconded by Council Member Smith. This Resolution was passed and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Roy and Council Member Smith Absent: 1 - Council Member Molina Abstained: 0 Enactment No: 031725 51. Resolution authorizing four service agreements for grounds maintenance for Parks Groups 11 - 14 Resolution authorizing four 42 -month service agreements for grounds maintenance services for Parks Groups 11 - 14 with MLC Landscaping, LLC of Corpus Christi, Texas for a total amount not to exceed $235,193.20. Mayor McComb referred to Item 51. Interim Director of Parks and Recreation Becky Perrin stated that the purpose of this item is to approve four 42 -month service agreements for grounds maintenance services for Parks Groups 11 - 14 with MLC Landscaping, LLC for the Parks and Recreation Department for a total amount not to exceed $235,193.20. Ms. Perrin provided a list of the parks in each park group. There were no comments from the public. Council members discussed the following topics: appreciation to Parks and Recreation staff for finding alternative options to save on costs; if contracts require that contract employees be U.S. citizens and prohibit undocumented labor; the contract language related to "Verification Regarding Israel"; and that Parks and Recreation group leaders inspect and accept services as well as report broken or damaged areas of the parks. Council Member Smith made a motion to approve the resolution, seconded by Council Member Molina. This Resolution was passed and approved with the following vote: City of Corpus Christi Page 26 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 031726 52. Purchase of Cisco Smartnet network equipment, support and maintenance Motion authorizing the purchase of Cisco Smartnet network equipment support and maintenance for one year with Computer Solutions of San Antonio, Texas for a total amount not to exceed $103,413.99. Mayor McComb referred to Item 52. Interim Director of IT Peter Collins stated that the purpose of this item is to purchase Cisco Smartnet network equipment support and maintenance for one year with Computer solutions for a total amount not to exceed $103,413.99. There were no comments from the Council or the public. Council Member Molina made a motion to approve the motion, seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye: 7 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina and Council Member Roy Absent: 2 - Council Member Hunter and Council Member Smith Abstained: 0 Enactment No: M2019-054 53. Resolution authorizing an agreement for renewal of software support, maintenance and hosting with Bentley Systems for Utilities and Development Services Resolution authorizing a three-year agreement for renewal of software support, maintenance, and hosting with Bentley Systems, Inc. of Exton, Pennsylvania for a total amount not to exceed $457,993.66. Mayor McComb referred to Item 53. Interim Director of IT Peter Collins stated that the purpose of this item is to approve a three-year agreement for renewal of software support, maintenance, and hosting with Bentley Systems, Inc. for a total amount not to exceed $457,993.66 for Utilities and Development Services. There were no comments from the public. A council member asked questions regarding the efficiency of the program and work flow process and requested an update regarding the implementation. Council Member Hernandez made a motion to approve the resolution, seconded by Council Member Roy. This Resolution was passed and approved City of Corpus Christi Page 27 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 031727 54. Second Reading Ordinance - Rezoning for a Property located at or near 4130 South Alameda Street (Public Hearing held 1/22/19) (1st Reading Tabled 1/22/19)(1st Reading 2/12/19)(Tabled 3/19/19) Case No. 1218-01 Carmelite Sisters: Request for rezoning a property at or near 4130 South Alameda Street from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. Planning Commission and Staff Recommendation (December 12, 2018): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. Ordinance rezoning property at or near 4130 South Alameda Street from the "RS -6" Single -Family 6 District to the "RM-1/SP" Multifamily 1 District with a Special Permit (Tract 1), the "RM -1" Multifamily 1 District (Tract 2), and the "CN -1" Neighborhood Commercial District (Tract 3) Mayor McComb referred to Item 54, rezoning of property located at 4130 South Alameda. Director of Development Services Nina Nixon -Mendez stated that the second reading of this item was tabled at the March 19, 2019 Council meeting to allow staff to meet with the neighborhood stakeholders and the applicant to discuss a compromise. At the March 19, 2019 meeting, an alternative zoning was discussed for Tracts 1 and 2 to an "RS-6/SP" to allow all uses in the "RM -1" zoning, with the exemption of boarding homes and dormitory living, allowing for commercial uses in Tract 1. The discussion included use of shrubs for screening. Ms. Nixon -Mendez reported that the applicant has rejected the proposal. Staff is recommending a motion to amend the ordinance as presented to include the metes and bounds description of tracts as presented by staff, and to revise the first condition of the "RM-1/SP" to remove the phrase "or without" to prohibit drive-through or drive-in facilities. In response to a council member, Ms. Nixon -Mendez clarified the amendment. Council Member Smith made a motion to amend the the ordinance to include the metes and bounds description of tracts as presented by staff, and to revise the first condition of the "RM-1/SP" to remove the phrase "or without" to prohibit drive-through or drive-in facilities, seconded by Council Member Garza and passed unanimously. Mayor McComb called for comments from the public. Mark Adame, 819 N. Upper Broadway, representative for the applicant, spoke in support of the rezoning and stated that the applicant has agreed to landscape for screening. City of Corpus Christi Page 28 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 Council Member Roy made a motion to approve the ordinance as amended, seconded by Council Member Garza. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 031728 55. Initiating annexation of up to 5,700 acres along the north side of Corpus Christi Bay Resolution declaring City's intent to begin annexation of up to 5,700 acres of land into the territorial limits of the City of Corpus Christi, directing the City Manager to prepare a service plan for the extension of municipal services to the proposed annexation area, and setting two public hearings on annexation. Mayor McComb referred to Item 55. Director of Planning and ESI Daniel McGinn stated that the purpose of this item is to initiate annexation procedures of up to 5,700 acres along the north side of Corpus Christi Bay. Mr. McGinn presented the following information: the process cities follow to initiate annexation; background on the subject property; an aerial overview of the annexation area; that the area is entirely within the City of Corpus Christi's extraterritoral jurisdiction (ETJ); the annexation tract; the proposed annexation schedule; and staffs recommendation to move forward with the proposed annexation schedule and direct the Interim City Manager to prepare the required service plan and set two public hearings. Council members discussed the following topics: a financial analysis regarding the City's obligations, including drainage and related issues with the San Patricio Drainage District; how long the area has been in the City's ETJ; that the City of Corpus Christi is the only municipality that can annex this property; that the San Patricio Municipal Water District purchases all of their water from the City of Corpus Christi; that the City of Corpus Christi has negotiated and actively had discussions with industries in the subject area; H.B. 347 regarding annexation; and Mary Rhodes Pipeline. Mayor McComb called for comments from the public. Bobby Nedbalek, San Patricio County, and Rob Jorgenson, 131 Sabine, Portland, Texas, spoke in opposition to annexation. Mayor McComb stated that the City of Corpus Christi has a right to annex this area and is doing what is in the best interest of the community. Council Member Smith made a motion to approve the resolution, seconded by Council Member Barrera. This Resolution was passed and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith City of Corpus Christi Page 29 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 Nay: 1 - Council Member Hunter Abstained: 0 Enactment No: 031729 Mayor McComb called for a recess at 5:53 p.m. Mayor McComb reconvened the Council meeting at 6:00 p.m. P. FIRST READING ORDINANCES: (ITEM - 56) 56. First Reading Ordinance - Accepting and appropriating grant funds for Local Emergncy Planning Committee (LEPC) for Fire Department Ordinance authorizing execution of all documents necessary to accept a grant to the City of Corpus Christi/Nueces County Local Emergency Planning Committee in the amount of $5,000 from Texas Commission on Environmental Quality; and appropriating $5,000 in No. 1062 LEPC Fund. Mayor McComb referred to Item 56. Joanne Salge, Fire Department, stated that the purpose of this item is to accept a grant from the Texas Commission on Environmental Quality (TCEQ) to support the City of Corpus Christi - Nueces County Local Emergency Planning Committee (LEPC) in the amount of $5,000. There were no comments from the Council or the public. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Hunter, Council Member Molina and Council Member Smith Absent: 3 - Council Member Guajardo, Council Member Hernandez and Council Member Roy Abstained: 0 R. LEGISLATIVE UPDATE: None. S. EXECUTIVE SESSION: (ITEMS 58 - 60) Mayor McComb referred to Executive Session Item 60. The Council went into executive session at 6:02 p.m. The Council returned from executive session at 7:33 p.m. 60. Executive session pursuant to Texas Government Code § 551.074 City of Corpus Christi Page 30 Printed on 4/4/2019 City Council Meeting Minutes March 26, 2019 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Mayor McComb referred to Item 60. Mayor McComb announced that a Special City Council Meeting will be held on Tuesday, April 2, 2019 at 9:00 a.m. regarding the new City Manager search. Mayor McComb stated that the item will be discussed in executive session and anticipates that the list will be narrowed down to finalists. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS U. ADJOURNMENT Mayor McComb referred to Identify Future Agenda Items. The following item was identified: an update from the North Beach Task Force on April 9, 2019. The meeting was adjourned at 7:38 p.m. City of Corpus Christi Page 31 Printed on 4/4/2019 City of Corpus Christi Meeting Minutes City Council Workshop Session 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Thursday, March 28, 2019 9:00 AM City Council Chambers FY 2019 Budget Workshop Public Notice - - ITEMS ON THIS AGENDA ARE FOR COUNCIL'S INFORMATIONAL PURPOSES ONLY. COUNCIL MAY GIVE DIRECTION TO THE CITY MANAGER, BUT NO OTHER ACTION WILL BE TAKEN AND NO PUBLIC COMMENT WILL BE SOLICITED. THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 9:01 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Interim City Manager Keith Selman, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Present 9 - Mayor Joe McComb, Council Member 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 C. BRIEFINGS TO CITY COUNCIL: 1. Review and discussion on Financial Budgetary Policies Mayor McComb referred to Item 1. Director of Management and Budget Eddie Houlihan reviewed each section of Resolution 031547, Amending Financial Budgetary Policies Adopted by Resolution 0331240 and Providing Financial Policy Direction on Prepartion of the Annual Budgets. Council members and staff discussed the following topics related to the City of Corpus Christi Page 1 Printed on 4/3/2019 City Council Workshop Session Meeting Minutes March 28, 2019 Financial Policy: effects on City's bond rating; fund balances; Fund Balance Policy; General Liability Funds; Workers' Compensation Fund; Enterprise Funds; and the Debt Service Reserve Fund. Director Houlihan presented staffs recommended changes to the City's Financial Policy and council members and staff discussed the following related topics: monies dedicated to streets; the impact of the 2 -cent increase approved by voters; the Fire Retirement Fund; the benefits and drawbacks of using zero -based budgeting; and which funds are required to use zero -based budgeting. A council member presented his recommended changes to the City's Financial Policy and council members and staff discussed the following related topics: charging expenditures to the correct line item; budget transfers; the importance of reserves/contingency funds, as illustrated by the recent Hurricane Harvey. 2. Review and discussion on Capital Improvement Plan Financial Policies and Budget D. ADJOURNMENT Mayor McComb referred to Item 2. Director of Management and Budget Eddie Houlihan presented information on the following topics: funding; debt policy and budget administration and development. Council members and staff discussed the following topics: the Capital Improvement Project (CIP) submission procedure; evaluation and ranking of CIPs by a committee; scoring and prioritization of CIPs; whether General and Enterprise Funds are included; CIP versus non-CIP items; adding Return -On -Investment (ROI) to the scoring criteria; what constitutes a CIP; the useful life of CIPs in relation to the life of associated debt; requirements to qualify for CIP status; capital asset versus capital project; capitalization of operating assets; facility asset analysis; maintaining a "wish list"/database of projects to pursue as debt falls off; and the Future Water Supply Fund. The meeting was adjourned at 10:45 a.m. City of Corpus Christi Page 2 Printed on 4/3/2019 City of Corpus Christi Meeting Minutes Special City Council Meeting 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, April 2, 2019 6:30 PM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Joe McComb to call the meeting to order. Mayor Pro Tem Michael Hunter called the meeting to order at 6:31 p.m. B. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Assistant City Manager Mark Van Vleck, Senior Assistant City Attorney Lisa Aguilar, and City Secretary Rebecca L. Huerta. Present 6 - Council Member Rudy Garza, Council Member Gil Hernandez, Council Member Michael Hunter, Council Member Ben Molina, Council Member Everett Roy, and Council Member Greg Smith Absent 3 - Mayor Joe McComb, Council Member Roland Barrera, and Council Member Paulette Guajardo Mayor Pro Tem Hunter stated that a full Council is not present at today's meeting due to a scheduling conflict with a legislative hearing held today in Austin, Texas. Consequently, Mayor McComb has asked that this meeting be recessed until tomorrow, April 3, 2019 at 12:00 p.m. Council Member Garza made a motion to recess the meeting, seconded by Council member Molina and passed unanimously (Mayor McComb, Council Members Barrera and Guajardo - absent). The meeting was recessed at 6:32 p.m. A. Mayor Joe McComb to call the meeting to order. Mayor McComb reconvened the Council meeting and called the meeting to order on Wednesday, April 3, 2019 at 12:01 p.m. City of Corpus Christi Page 1 Printed on 4/4/2019 Special City Council Meeting Meeting Minutes April 2, 2019 B. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Interim City Manager Keith Selman, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Present 9 - Mayor Joe McComb, Council Member 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 C. EXECUTIVE SESSION: 1. 2. Mayor McComb referred to the day's executive sessions. The Council went into executive session at 12:06 p.m. The Council returned from executive session at 1:46 p.m. 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 1 and the following motion was considered: MOTION OF DIRECTION Motion directing the Director of Human Resources Steven Viera to work with the consultant, Slavin Management Consultants, to contact and coordinate interviews with the following four City Manager finalists: Harry E. Black, Lee R. Felman, Samuel "Keith" Selman, and Peter Zanoni. The Mayor also directed City Secretary Huerta and Mr. Viera to develop options on how to design the interview process, including community outreach and a schedule of events, for discussion at the April 9, 2019 meeting. Mayor McComb stated that the interview process would include an opportunity for the finalists to meet the public and tour the community. Council Member Garza made the motion of the direction, seconded by Council Member Guajardo and passed unanimously. Executive Session pursuant to Texas Gov't Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to annexation, disannexation, cession agreements for extraterritorial jurisdiction, apportionment of extra -territorial jurisdiction between municipalities, interlocal agreements with water districts and neighboring municipalities, contracts for potential economic development agreement(s) with entities City of Corpus Christi Page 2 Printed on 4/4/2019 Special City Council Meeting Meeting Minutes April 2, 2019 D. ADJOURNMENT that are considering the construction, expansion, and/or ownership of industrial facilities (including, but not limited to proposed Gulf Coast Growth Ventures' chemical manufacturing facility in San Patricio County, Texas, proposed fractionator and related facilities in Nueces County, economic development agreements relating to property currently or formerly owned by Voestelpine, Corpus Christi Liquefaction, LLC, and other entities and existing and proposed industrial facilities in San Patricio County and Nueces County) that are and/or will be consumers of water and/or wastewater services and connections to the Mary Rhodes Pipeline for facilities to supply water thereto, potential legislation currently being considered in the Texas Legislature related to annexation and other issues, and pursuant to Texas Gov't Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s) This E -Session Item was discussed in executive session. The meeting was adjourned at 1:52 p.m. City of Corpus Christi Page 3 Printed on 4/4/2019 AIRPORT BOARD *Four (4) vacancies with terms to 4-4-20 and 4-4-22. (Donald Feferman is seeking reappointment to a one-year term as an advisory, non-voting member). Composition Ten (10) members appointed by the City Council for three-year staggered terms. Name Term Appt. date End date Appointing Authority Position Status Category Attendance *Mary Helen Dunnam 2 9/10/2013 4/4/2019 City Council Met the six-year service limitation *Alex Garcia Jr. 2 5/14/2013 4/4/2019 City Council Met the six-year service limitation *Karl Tomlinson 1 4/14/2015 4/4/2019 City Council Seeking reappointment 5/7 meetings 71% (2 excused absences) *Donald M. Feferman 1 6/13/2017 4/4/2019 City Council Seeking reappointment Advisory, non- voting 5/7 meetings 71% (2 excused absences) Luis F Buentello 1 1/12/2016 4/4/2020 City Council Active Harold Kaffie Jr. 2 4/14/2014 4/4/2020 City Council Active Jon Reily 1 4/11/2017 4/4/2020 City Council Active Robert Williams 2 1/21/2014 4/4/2020 City Council 1st Vice -Chair Active Paul A Cameron Jr 1 1/17/2017 4/4/2021 City Council Active Curtis T Clark 2 2/10/2015 4/4/2021 City Council 2nd Vice -Chair Active Joseph Wise 2 4/14/2015 4/4/2021 City Council Chair Active AIRPORT BOARD Applications Name District Category Wallace W Echols jr District 4 Regular Member Margareta Fratila District 3 Regular Member Brent R Hess District 4 Regular Member Diane Larue District 4 Regular Member Andrew Lehrman District 3 Regular Member Ted J Mandel District 4 Regular Member Michael McCauley District 4 Regular Member John Montalvo District 4 Regular Member Paulo Salazar District 4 Regular Member Samuel Saldivar Jr District 5 Regular Member Kusumakar Sooda District 5 Regular Member Barry R Thornton District 5 Regular Member 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? * 7 District 4 Current resident of the city? ty 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 Sales and Marketing Job Title TX State jr Suffix 78418 Postal Code Wallace W Echols jr Page 1 of 5 Preferred Mailing Address Fl 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? Are you an ex -Officio member of a City Board, commission or committee? r Yes r No 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 6' No Wallace W Echols jr Page 2 of 5 Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r: No Does your employer or your spouse's employer have a City contract? ✓ Yes a No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes a No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes 6" 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? J Marketing Wallace W Echols jr Page 3 of 5 Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? t•' Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. R I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I7 I Agree Wallace W Echols jr Page 4 of 5 Consent for Release of Information understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. p I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. p 1 Agree Wallace W Echols jr Page 5 of 5 CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Jan 11, 2019 Profile Margareta First Name Email Address 3606 TRIPOLI DR. Street Address CORPUS CHRISTI City What district do you live in? * FJ District 3 Current resident of the city? Yes r No 36 If yes, how many years? Fratila Last Name Home: (361) 851-9418 Home: (361) 739-3029 Primary Phone 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 Margareta Fratila Page 1 of 6 Preferred Mailing Address Fl 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 Are you an ex -Officio member of a City Board, commission or committee? r Yes r No Demographics Gender 1-1 Female Code of Ethics - Rules of Conduct/Conflicts of Interest Margareta Fratila Page 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 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 r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes rz 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? * W None of the above Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) o• Yes r No Margareta Fratila Page 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 a No Question applies to ISLAND STRATEGIC ACTION COMMITTEE ISAC must include representatives from certain categories. Do you qualify for any of the following categories? * p 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? * Fl K - 12 Education W Higher Education W Business Community W 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? c 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? * W None of the above Margareta Fratila Page 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? Yes r No Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? * None Selected Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. F7 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 I Agree Margareta Fratila Page 5 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application 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. pr I Agree Margareta Fratila Page 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: Mar 22, 2019 Profile Mr Prefix Brent First Name R_ Middle Initial Hess Last Name Email Address 15846 Punta Espada Loop Street Address Corpus Christi City What district do you live in? * TX State 78418 Postal Code Fl District 4 Current resident of the city? Yes r No 7 If yes, how many years? Home: (361) 774-0089 Mobile: (720) 291-239.8 Primary Phone Alternate Phone Talisys, Inc. Product Manager Employer Job Title 25178 Genesee Trail Road Work Address - Street Address and Suite Number Golden Work Address - City CO Work Address - State 80401 Work Address - Zip Code (361) 774-0089 Work Phone brent. hess@tal isystech.com Work E-mail address Mr Brent R Hess Page 1 of 5 Preferred Mailing Address Fl Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted ISLAND STRATEGIC ACTION COMMITTEE: Submitted Interests & Experiences Are you a registered voter? aYes rNo Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not currently Education, Professional and/or Community Activity (Present) BBA -Finance, Texas Tech University (1986) MBA - University of Phoenix (1997) US Army Reserve, 1982 - 1997 (Staff Sergeant) Island United PAC Member 2012-2013 PIPOA Architectural Control Committee - 2013 to 2018 Why are you interested in serving on a City board, commission or committee? I believe it is important for citizens to be involved in City governance. I believe in volunteerism and am passionate about advancing Corpus Christi by working with City departments, and City Council. Past member and Chair of the Padre Isle POA Architectural Control Committee. I have served as the District 4 representative on the 2015/16 City Charter Ad Hoc Review Committee. The committee is temporary, serving from September to June, and is commissioned by Council every 5 years. The charge of the committee is to review amendments to the City Charter, such as term limits, council pay structure, residential street repair funding, and various changes to the Charter based on feedback from the City Attorney's office. Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? r Yes ; No Demographics Gender Ir Male Mr Brent R Hess Page 2 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes 6. No Do you, your spouse, your business or your spouse's business have a City contract? rYes (7 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? rYes 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 r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes 6' No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board -specific questions (if applicable) Question applies to ISLAND STRATEGIC ACTION COMMITTEE ISAC must include representatives from certain categories. Do you qualify for any of the following categories? * F7 Residential Property Owner (Who owns property and resides on Mustang or Padre Island) R Padre Isles Property Owners Association Member (Nominated by the Association) Mr Brent R Hess Page 3 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 1 Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. pr I Agree Mr Brent R Hess Page 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. F7 I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 1 Agree Mr Brent R Hess Page 5 of 5 Brent R. Hess 15846 Punta Espada Loop Corpus Christi, TX 78418 361-774-0089 SUMMARY Product Manager/Business Analyst experienced in product development, requirements elicitation, client service/account management, and team leadership. I am a self-starter and motivated team player who thrives under deadlines and successfully multi -tasks time critical projects. Excellent skills in MS Office products (Word, Excel, Outlook, PowerPoint), MS SharePoint, SQL database query, WS FTP, and Visio. EDUCATION University of Phoenix, MBA Texas Tech University, BBA Finance PROFESSIONAL EXPERIENCE Product Manager, Customer -Side and Government Reporting Talisys, Inc. October, 1997 July, 1986 Remote Employee October, 2013 — Present • I work remotely from my home office in Corpus Christi, with regular trips to the Little Rock, AR and Golden, CO offices. • Co -Team Lead for the Customer -Side team. Responsible for regulatory changes and enhancements to a securities brokerage software platform. Customer -Side team is responsible for most back-office applications such as Corporate Actions, Income Processing, Cost Basis, and Tax Reporting. • Work extensively with clients for input into requirements for current and future projects. • Create and implement best practices in back office processing as a service bureau. • Execute the full software development life cycle for assigned projects. Director, Product Management Wheat Ridge, Colorado Broadridge Financial Solutions, Inc. May, 2000—October, 2013 • Full-time consultant for Broadridge through Apex Services, Inc. April 1, 2012 — October 13, 2013 due to a move from Denver to Corpus Christi. • Product director for a brokerage portfolio accounting and performance reporting (Cost Basis) system used by a number of large and medium sized brokerage firms. The company acts as a service bureau for many broker dealers. Service bureau clients included correspondent clearing firms, full-service brokerage firms, discount brokerages, day trading firms, and small boutique brokerage firms. • Product manager responsible for new client conversions. • Wrote software requirement specifications to modify or upgrade assigned subsystems. • Managed development project teams during the life -cycle of several competing and time -sensitive projects. • Multi -tasked to ensure each project moves along as planned. • Composed requirement matrix documents used to map technical and functional requirements. Worked closely with Quality Assurance throughout the testing and release phases of my projects. • Worked closely with clients for both requirements research prior to finalizing a software requirements specification, and the beta testing/general software release process. • Prior to 2010, served as the product manager and operational production manager for tax reporting for 18 service bureau firms. Produced over 80 million 1099 forms each year. Filed information returns with the IRS. Maintained close relationships with clients, IRS agents, and outside vendors of tax reporting information and statement services. Brent R. Hess pg. 1 Director, Managed Care Denver, Colorado Private Healthcare Systems, Inc. May, 1991 —January, 2000 • Director of PPO operations in several states, to include contracting responsibilities for 8,500 physicians, 80 hospitals, and over 350,000 members. • Primary contract negotiator for assigned markets. Analyzed and reported financial impact of negotiated deals. • Team leader for Competitive Reimbursement Project, a tool used to develop hospital and market reimbursement targets based upon competitive information and market equilibrium prices. • Developed and analyzed financial impact of market physician fee schedules. • Analyzed impact of ancillary health care facility deals. • Liaison between providers and PHCS' partner insurance carriers. Worked with hospitals, ancillary managers, and physician group managers to help resolve claims and service issues. • Responsible for departmental budget, expense control, and the supervision of department staff. Managed Care Coordinator Denver, Colorado Presbyterian/St. Luke's Health Care System April, 1989 — May, 1991 • Negotiated and managed 86 HMO and PPO hospital contracts for a three -hospital system. Analyzed financial impact to hospital revenues that each contract produced, and presented monthly/quarterly financial reports to senior management. • Assisted in the development of a cost accounting and case-mix system. • Acted as a liaison between hospital business office, admissions, and utilization review personnel and the payers. • Developed admitting and claims processing policies related to managed care contract fulfillment. • Responsible for maintaining managed care payer information on the hospital's admissions system. Assistant Executive Director — Finance Aurora, Colorado Humana Hospital — Aurora August, 1986 — April, 1989 • Directed business office, admissions, accounting, data processing, materials management, and medical records functions. Reviewed month-end close, and prepared variance reports for corporate accounting. • Produced weekly financial projections for Division CFO. • Produced Capital Asset ROI models. • Produced annual hospital budget and handled annual physical inventory. Audited cash and controlled drugs each quarter. • Served as Financial Specialist from August, 1986 —January, 1988 at Humana Hospital San Antonio. PROFESSIONAL. AFFILIATIONS • Certified Information Return Filer (CIRF), National Association of Form 1099 Filers (defunct organization) • Former board member - National Association of Form 1099 Filers • Former Staff Sergeant, U.S. Army Reserve (1982 — 1997) • Former Architectural Control Committee member— Padre Isles POA • Former Committee Member: 2015/16 Corpus Christi City Charter Review Committee — Mayoral appointment Brent R. Hess pg. 2 CITY OF CORPUS CHRISTI Submit Date: Mar 30, 2018 Application for a City Board, Commission, Committee or Corporation Profile Diane First Name Email Address 426 Cape Lookout Street Address Corpus Christi City What district do you live in? * F7 District 4 Current resident of the city? 6- Yes r No 24 If yes, how many years? Mobile: (361) 813-6683 Primary Phone 426 Cape Lookout Work Address - Street Address and Suite Number Work E-mail address Larue Last Name Mobile: (361) 813-6683 Alternate Phone Preferred Mailing Address Gi Home/Primary Address Which Boards would you like to apply for? TX State AIRPORT BOARD: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted 78413 Postal Code Interests & Experiences Diane Larue Page 1 of 4 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) United Corpus Christi Chamber of Commerce Trustee PanAmerican Round Table of Corpus Christi Why are you interested in serving on a City board, commission or committee? I heard the Mayor's State of the City address and I want to lend my talents to help Corpus Christi in any way I can. Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? ✓ Yes r No Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes 6' 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 6'No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r• No Diane Larue Page 2 of 4 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? rYes o•No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. NA Board -specific questions (if applicable) Verification Diane Larue Page 3 of 4 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 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. • I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. rJ I Agree Diane Larue Page 4 of 4 2017 -present Trustee, United Corpus Christi Chamber of Commerce Foundation 2000-2001 Leadership Corpus Christi, Class 29 Graduate 2004-2005 Class 33 Steering Committee Member 2016-2017 Class 45 Steering Committee Member 2015 -present Volunteer, Gloria Hicks Elementary School 2003 -present Member, Pan American Round Table of Corpus Christi First Associate Director 2011-2013 Fourth Associate Director 2005-2007 2017 Guest Artist, District 32 Texas House Christmas Tree 2009-2017 Member, South Texas Botanical Gardens Executive Board 2007-2012 Co. 2007 -present Member, Beach Management Adv. Committee, Nueces Member, Port Aransas Garden Club President 2009-2011 Second Vice President 2008-2009 2007-2011 Member Parish Council, St. Joseph's Church, Port Aransas 2000 -present Member, Blessed Sacrament Auxiliary, Corpus Christi President 2003-2015 2003 Corpus Christi All America City delegate 2003-2006 Chairman & Board Member, Mission 911, Corpus Christi 1994-2007 Incarnate Word Academy, Corpus Christi Substitute Teacher, Gala Co -Chair, PTO Secretary, etc. 1994-2002 New Neighbors League, Corpus Christi Area Manager, President, Ways & Means Chair, Art Director 1994-2002 St. Philip the Apostle Church, Corpus Christi Parish Council Chair, Liturgy Comm., Ministry Coordinator 1994-1996 American Heart Association Board Member 2014 -present Heart Ball Co -Chair 2016 CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Jul 12, 2018 Profile Andrew Lehrman First Name Last Name alehrman@albmlaw.com Email Address 3360 Mavis Dr Street Address corpus chrisi City What district do you live in? * R District 3 Current resident of the city? 6" Yes r No 40 yrs If yes, how many years? Business: (361) 884-4981 Primary Phone Mobile: (361) 779-4981 Alternate Phone Self employed attorney with law firm Partner Employer Job Title 1001 3rd St Work Address - Street Address and Suite Number corpus christi Work Address - City Tx Work Address - State 78404 Work Address - Zip Code 3618844981 Work Phone alehrman@albmlaw.com Work E-mail address TX 78411 State Postal Code Andrew Lehrman Page 1 of 4 Preferred Mailing Address Fl Work Address Which Boards would you like to apply for? AIRPORT BOARD: 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) B.S. from Univ of Florida;law degree J.D. from Marshall School of Law/involved previously as Board Member for several boards; past President Corpus Christi Bar Assoc/Congregation Beth Israe/ Why are you interested in serving on a City board, commission or committee? Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? ✓ Yes r No Demographics Gender F7 Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes c No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r No Andrew Lehrman Page 2 of 4 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) Andrew Lehrman Page 3 of 4 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. F7 I Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. 1 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 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Andrew Lehrman Page 4 of 4 RESUME OF ANDREW J. LEHRMAN Business Address: Anderson, Lehrman, Barre & Maraist, LLP 1001 Third Street, Suite 1 Corpus Christi, Texas 78404 Telephone: (361) 884-4981 Facsimile: (361) 888-7697 www.lehrman-mediation.com alehrman@albmlaw.com New Mexico Office: 8 Calle Vista Santa Fe, New Mexico 87507 Telephone: (505) 424-4981 Facsimile: (505) 424-4981 EDUCATION: B.S., University of Florida, With Honors, 1973 J.D. Law Degree, Marshall School of Law, With High Honors, 1976 Admitted by the State Bar of Texas, May, 1976; Admitted by the State Bar of New Mexico, April 2010, Admitted to practice in all State Courts of Texas, U.S. District Courts for the Southern and Western Districts of Texas, U.S. District Court of New Mexico, U.S. Courts of Appeals for the Fifth Circuit, and U.S. Supreme Court Certified Mediator • Texas Mediator Credentialing Association (Certified Mediator); mediating and arbitrating since 1996; • Have mediated/arbitrated in excess of 4,000 cases; • Arbitrator in a fourteen (14) week arbitration in Austin, Texas, involving contractual and insurance issues; EMPLOYMENT Briefing Attorney, Thirteenth Court of Appeals, 1976 Assistant County Attorney -Prosecutor, Nueces County Attorney's Office, 1976-1978 Managing Partner and Partner, Anderson, Lehrman, Barre & Maraist, LLP, 1978 -Present ACTIVITIES Texas Board of Legal Specialization, Board Certified, Civil Trial Law since 1982; re -certified 1987, 1992, 1997, 2002, 2007, and 2012 Certified Mediator, Texas Mediator Credentialing Association, 2004 Corpus Christi Bar Association, Past President, 1990-1991 "AV" rated, Martindale -Hubbell Attorneys -Mediators Institute -Basic Mediation Training, 1996 Areas of experience and subject matters include, but not limited to: personal injury consumer law oil and gas insurance disputes business/contractual disputes medical and legal malpractice maritime claims • • • • • • discrimination claims bankruptcy construction defects real estate disputes catastrophic death cases products liability ABOTA (American Board of Trial Advocates), Member National Academy of Distinguished Neutrals, Member State Bar of Texas, Member, Alternative Dispute Resolution Section State Bar of New Mexico, Appointed to ADR Committee U.S. District Court, Southern District of Texas and U.S. Bankruptucy Court, Southern Division of Texas, Appointed to the Approved Provider (ADR) List, 1997 -Present Equal Employment Opportunity Commission Mediation Panel, Appointed to Panel, 1998 Better Business Bureau of Corpus Christi, General Counsel, 1980-2009 Civil Service Board, City of Corpus Christi, Chairman and Member, 1997-2004 Civil Service Commission, City of Corpus Christi, Vice Chairman and Member, 1997-2004 Special Master, Appointed by the 214th District Court, Nueces County, Texas, to oversee all the discovery in Castillo v. General Motors and Suzuki Corporation Advanced Civil Trial Seminar, Lecturer, Corpus Christi Bar Association: Update on Daubert v. Robinson, 1996 Texas Monthly, Named to "Super Lawyer" List for Alternative Dispute Resolution, 2005-2014 Leadership Corpus Christi XV, Graduate Member and/or Former Member: Board of Directors for National Kidney Foundation, Boys Club of Corpus Christi, Better Business Bureau, United Way, Coastal Bend Consumer Foundation Practicing Trial Lawyer in area of civil litigation, including: business litigation, insurance law, medical malpractice law, personal injury law, consumer law, banking law, consumer credit; extensive litigation experience in all areas of civil litigation. PERSONAL Married to Iris Lehrman; two children, Leslie and Jeffrey CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Mar 20, 2019 Profile Mr. Ted Prefix First Name Email Address 15306 Key Largo Court Street Address Corpus Christi City What district do you live in? * 17 District 4 Current resident of the city? Yes r No 1 year, 8 months If yes, how many years? Mobile: (713) 515-6712 Primary Phone 15306 Key Largo Court Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78418 Work Address - Zip Code 713-515-6712 Work Phone Work E-mail address Preferred Mailing Address fJ Home/Primary Address Mr. Ted J Mandel J Middle Initial Mobile: (713) 515-6712 Alternate Phone Mandel Last Name TX State 78418 Postal Code Page 1of4 Which Boards would you like to apply for? AIRPORT BOARD: Submitted Interests & Experiences Are you a registered voter? r• Yes C No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) Los Angeles Valley College and UCLA (1960-1964) Coastal Bend Food Bank Why are you interested in serving on a City board, commission or committee? Have always contributed to the community I have lived in. In retirement I want to continue doing that. The Airport Board would be a perfect spot to continue doing that and where my life's work might be useful. Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? CYes r• No 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 t' No Do you, your spouse, your business or your spouse's business have a City contract? r Yes c' No Mr. Ted J Mandel Page 2 of 4 Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? rYes r'No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? c Yes P No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? c Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. None Board -specific questions (if applicable) Mr. Ted J Mandel Page 3 of 4 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 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. Fir I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume 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. ✓ I Agree Mr. Ted J Mandel Page 4 of 4 Ted Mandel 15306 Key Largo Court Corpus Christi, TX 78418 713.515.6712 QUALIFICATIONS OF TED MANDEL Over fifty years of experience in service to customers and employees in the areas of management, marketing, sales, customer service and revenue management. Have started new operations and supervised the turn -around of troubled organizations. EMPLOYMENT HISTORY Mandel Associates, Inc. 2003-2016 President, Houston, TX Assisted hotel ownership groups with marketing, pricing and revenue management programs for their properties. Provided "devil's advocate" advice to a group considering an airline start up in Europe. Developed a revenue management system for an airport parking company. Created a pricing model for a movie theatre chain that mirrors travel industry pricing. Assisted a medical office practice in applying revenue management techniques to the scheduling of appointments. Developed a business retention program for a chamber of commerce economic development effort. MileSpree, Inc. 2000-2003 Vice President -Sales and Customer Service, Houston, TX MileSpree Rewards was an Internet version of an airline frequent flyer program. I created a database of 5 -million members and secured 300 name brand merchants where members could earn "miles" for purchases. Generated traffic that placed MileSpree in the top 2% of web sites. PROS Revenue Management, Inc. 1998-2000 Managing Director -New Markets, Houston, TX Brought in to develop a new business unit for the company that would market revenue management solutions to industries other than the company's core airline market. Those industries under development included healthcare, media, equipment rental, and venue ticket sales. Sold a $574,000 study and a $1.7M system to major Healthcare provider. Pan American World Airways, Inc. 1996-1998 Managing Director -Marketing Services, Miami, FL Responsible for the start-up of reservations, loyalty program, promotion, pricing, revenue management, marketing automation systems, and specialty sales. Selected the vendors and negotiated the contracts for the reservations tele -center and three key automation systems. Launched frequent flyer program and negotiated partner participation contracts. All functions were brought on- line on time and under budget. Beat budget forecast by $1,650,000 (15%). Mandel Associates, Inc. 1992-1996 President, Ft. Lauderdale, FL Assisted in the start-up of a national cruise -only agency that had $500,000 in revenue in its second month. Deliverables included selection and negotiation of telephone equipment, staffing level recommendations, automation selection and negotiation, and the training plan. For Western Pacific Airlines, designed their call center, provided facility and furniture recommendations, and determined telephone call forecast and staff level projections. Projections were within 5% of actual. Provided trunking and staffing expertise to ARINC. Acted in the capacity of Director - Marketing & Sales for AirTran Airlines and secured their first government contracts and corporate accounts. Implemented BWIA Frequent Flyer program securing 50,000 members in the first month, and moved US calls to Trinidad saving $1,200,000 a year. I turned around the telephone center operation of a major travel wholesaler after their purchase of a competitor caused major integration problems. Installed methods and systems that reduced the telephone center cost per sale 13.5% in just eight months. During the period calls were up 20% while call -answering time decreased 18%. Planned and opened a 220 -position telephone center in Ft. Lauderdale. Created a four-week new hire training program where no previous program existed. Worldwide Transportation Group 1990-1992 Vice President/Management Consultant, Houston, TX Provided marketing direction to a wide variety of clients. Directed the turn -around of the phone center management of Mexicana Airlines to allow them to compete in the U.S. market. Successfully brokered charter flights for numerous organizations, including professional and college sports teams and the 1992 Super Bowl. Designed and conducted the sales training program for reservations staff at Australia's Compass Airlines. Continental Airlines (Texas International Airlines) 1966-1990 Vice President - Marketing Services, Houston, TX (1987-1990) Managed the company's reservation sales group of 5,500 people with $150 million budget. Reduced unit cost 20% by installing better management systems, negotiating lower telephone charges, and reducing number of locations from ten to seven. Enhanced work systems in customer relations group allowing for 40% staff reduction, while handling the same amount of correspondence. Changed format of customer satisfaction report that allowed senior management to focus and correct concerns. Complaints to Department of Transportation dropped over 50% the following year. Instituted special holiday celebrations on -board aircraft that increased employee and customer satisfaction. Changed reporting relations of airport clubrooms that empowered employees and made them an elite service group. Complimentary letters from members increased over 200%. Senior Director, One Pass Services, Houston, TX (1987) Combined the former Eastern and Continental Airlines frequent flyer program services into one center. Grew from 100 to 300 employees, while installing new phone system and Membership Data Base System. Worked off backlog of 270,000 pieces of customer correspondence in 4 months. Systems and procedures installed helped One Pass become the top ranked program in the industry. Senior Director, National Marketing, Houston, TX (1986-1987) Resurrected National Marketing programs the company had abandoned in bankruptcy and in less than one year brought in over $10 million in cruise line revenue, $5 million from sports teams, and negotiated a $50 million 3 year agreement with Pepsi. Vice President - Marketing (Continental West Division), Los Angeles, CA (1985-1986) Founded a start-up west coast commuter. Implemented unique food service programs such as ice cream sundaes and baked chocolate chip cookies in-flight. First to use a wrap of USA Today to promote a product. Became a test bed for products and services for system -wide use. Director - Sales Western Region, Los Angeles, CA (1984-1985) Responsible for sales to travel agents and corporations immediately following company's reorganization. Overcame strong objections to travel on an airline in bankruptcy as evidenced by Continental's monthly increases in load factors. Director Revenue Management, Houston, TX (1983) Took control of the passenger revenue maximization unit that was in turmoil due to corruption of the passenger inventory system and achieved maximization of bookings. Took exceptional risk by overbooking as much as 75%. Achieved 95% load factors on flights booked full with less than .001 % denied boarding. Regional Director, Reservation Sales, Denver, CO (1982-1983) Took an office of 600 that was demoralized and under productive and turned it around to be best in the company. Productivity increased and job satisfaction doubled as evidenced by a before and after employee survey. Various, Los Angeles, CA, Longview and Houston, TX (1966-1982) Positions included Reservations Sales Manager, Manager Central Reservations Control, Director Passenger Revenue Management, Director Reservation Services, and Regional Director Passenger Service Training. During this period brought new people management techniques to Texas International that improved productivity, established a Yield Management System that generated $20 million a year in incremental revenue, helped establish the airlines operation in Hawaii, and took training out of the central office and brought it to the line offices. Education Los Angeles Valley College and UCLA (1960-1964) CITY OF CORPUS CHRISTI Submit Date: Jul 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile Michael McCauley First Name Last Name INA 16/101-010 Email Address 453 Williamson PI Street Address Corpus Christi City What district do you live in? * FT District 4 Current resident of the city? 6- Yes r No 50 11 yes, how many years? Home: (361) 814-5150 Mobile: (361) 215-8477 Primary Phone Alternate Phone Ostarch Hilmy & Hall Attorney Employer Job Title 615 N. Upper Broadway #800 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78411 Work Address - Zip Code 3618841961 Work Phone mmccauley@ohhlaw.net Work E-mail address TX State 78411 Postal Code Michael McCauley Page 1 of 4 Preferred Mailing Address p Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) BA- History; JD- Law; Past Travel Agency owner of 10+ years; full time attorney; active and involved in community; City of Corpus Christi's #1 fan!! and avid traveler who frequently uses the CC Int Airport Why are you interested in serving on a City board, commission or committee? Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? ✓ Yes r No Demographics Gender p Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r No Michael McCauley Page 2 of 4 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) Michael McCauley Page 3 of 4 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Michael McCauley Page 4 of 4 MICHAEL A. McCAULEY 453 Williamson Corpus Christi, TX 78411 (361) 814-5150 a, EDUCATION BARRY UNIVERSITY SCHOOL OF LAW, Orlando, Florida Juris Doctor Degree, December 2005 Class Rank: Top 20% Activities: Student Bar Association, 2L Class Senator SOUTH TEXAS COLLEGE OF LAW, Houston, Texas Visiting Student, Summer & Fall, 2005 SOUTHERN METHODIST UNIVERSITY, Dallas, Texas Bachelor of Arts in History, August, 1988 Minor: Business PROFESSIONAL EXPERIENCE OSTARCH, HILMY, HALL & McCAULEY, PLLC, Corpus Christi, Texas Attorney, Partner July 2007 - present NUECES COUNTY DISTRICT ATTORNEY, Corpus Christi, Texas Assistant District Attorney June 2006 to July 2007 Responsible for daily County Court docket, preparing cases for trial, prosecuting cases and arguing motions before the court. Extensive plea bargaining experience with opposing counsel. McCAULEY TRAVEL SERVICE, Corpus Christi, Texas General Manager & Travel Agent 1991 - 2002 Owner & manager of multi-million dollar travel agency. Founded McCauley Travel in 1991 and subsequently grew the business into one of the top producing travel agencies in Corpus Christi. Responsible for motivating and supervising 5 employees as well as marketing, business development & day to day operations of the business. Sold the business in 2002 to go to law school. Extensive business and community experience as owner/operator of local small business. HOBBIES & INTERESTS • History • Travel • Hunting • Investments • Politics CITY OF CORPUS CHRISTI Submit Date: Jul 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile John Montalvo First Name Last Name jmontalvo@Ian-inc.com Email Address 6637 Sahara Dr. Street Address Corpus Christi City What district do you live in? * p District 4 Current resident of the city? f Yes r No 20+ (counting prior residency) If yes, how many years? Business: (361) 792-7230 Primary Phone Mobile: (713) 823-9226 Alternate Phone Lockwood, Andrews & Newnam, Inc. Sr. Construction Manager Employer Job Title 500 N. Shoreline Blvd., Suite 905 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78401 Work Address - Zip Code 361-792-7230 Work Phone JMontalvo@lan-inc.com Work E-mail address TX State 78412 Postal Code John Montalvo Page 1 of 4 Preferred Mailing Address p Work Address Which Boards would you like to apply for? AIRPORT BOARD: 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) Master of Science - Architectural Engineering University of Texas at Austin 1 1991 Bachelor of Environmental Design - Architecture Texas A&M University 1 1986 Active in the Corpus branches of the following professional organizations. * American Society of Civil Engineers — ASCE * American Planning Association — APA * American Water Works Association — AWWA * Water Environment Association of Texas — WEAT Why are you interested in serving on a City board, commission or committee? Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? r Yes r No Demographics Gender p Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No John Montalvo Page 2 of 4 Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r No Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board -specific questions (if applicable) John Montalvo Page 3 of 4 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. G7 I Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. 17 I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. g I Agree John Montalvo Page 4 of 4 JOHN MONTALVO Education Master of Science 1 Architectural Engineering Focus: Construction Engineering and Project Management College of Civil Engineering University of Texas at Austin 1 1991 Bachelor of Environmental Design ( Architecture College of Architecture Texas A&M University 1 1986 University of Houston 1 1999 — 2000 Successfully completed half of the graduate coursework toward a Master of Science degree in Civil Engineering No degree University of Texas at Austin 1 1988 - 1989 Successfully completed two years of undergraduate civil engineering course work as pre -requisite for master's degree No degree Del Mar College 1 1981-1983 Corpus Christi, Texas Successfully completed core undergraduate coursework No degree Richard King High School 1 1981 Corpus Christi, Texas Professional Affiliations American Society of Civil Engineers — ASCE American Institute of Architects — AIA* American Planning Association — APA Construction Management Association of America — CMAA American Water Works Association — AWWA Water Environment Association of Texas — WEAT Houston Hispanic Architects & Engineers — HHAE** *membership renewal pending ** past board member — non-active moved to Corpus Christi Civic Work Super Neighborhood No. 88 (Houston, TX)*** Houston Country Club Place Civic Club (Houston, TX)*** ***past officer— non-active moved to Corpus Christi Background John has over 25 years of experience in all phases of design and construction. John previously worked for Hensel Phelps Construction Company in their general contracting, program management and international divisions, and is currently working for Lockwood, Andrews & Newnam, Inc. in their infrastructure water conveyance group and previously with their architectural aviation group. John's experience includes architectural and civil engineering, construction phase services, resident engineer/architect, program management, resident construction manager, inspection, consultant City project manager in construction branch of public works department, and cost estimating on a wide variety of projects, and contract types, ranging from lump sum and unit price, competitive sealed proposals, conceptual estimating, to a CMAR cost plus fixed fee with a guaranteed maximum price. Projects have ranged up to a $300M design - build fast-track 24/7 complex high-tech project. John has a proven proactive management approach to completing projects on time, within budget and in accordance with the contract documents, from NTP to testing, startup, commissioning and project closeout, with the proven ability to promptly respond and prepare or assist with solutions to unforeseen and differing conditions, including the timely, fair and judicious use of work change directives that avoid or minimize time and cost impacts. John maintains constant and timely communication with clients and their operation and maintenance staff, and effectively coordinates with the design team, contractor, inspectors, testing labs, permitting agencies, general public, public officials, tenants, management districts, private utility owners, manufacturers, suppliers, and other stakeholders. John has developed and implemented management information systems for various programs and projects, and has assisted clients with updating or creating management process manuals, document control systems, general conditions and general requirements. John has extensive constructability review experience, and value engineering, cost estimating experience, including the development of a cost model for a 108 -inch diameter waterline transmission program for estimating project costs when key variables are changed such as pipe diameters, pipe thickness, trench width, trench depth, types of backfill material, forecasted price of steel, assumed production rates for urban and rural locations, forecasted bid dates, etc. John has successfully managed and assisted Clients with breach of contract terminations (ex., contractor non-performance, bankruptcies), including effectively working with the Client and Surety to retain an acceptable take-over contractor to complete the remaining work. Aviation Projects William P. Hobby Airport Central Concourse, Ticketing and Central Plant Upgrades — Houston Airport System, Houston, TX, $77M (2000 — 2003): John was the resident design representative for this program. The primary project in the program was the construction of a new 374,000 SF central concourse with 20 gates for Southwest Airlines, including a new ticketing facility, pedestrian connector Updated: 3/24/17 John Montalvo Page 1 of 6 bridge and baggage handling and central plant facilities. The new facility was built primarily with cast -in-place concrete, structural steel, glass curtain walls, skylights, and standing seam metal roofs. The work included a utility tunnel, underground hydrant fueling system, fire suppression and fire alarm systems, MEP, telecommunication systems, security systems, elevators, moving walkways, baggage handling systems, central plant renovations that included 4 new chillers with variable speed drives, piping, pumps, electrical and SCADA upgrades, including installation of temporary chillers before existing could be demolished to make room for the new chillers. John was responsible for coordinating with the owner, program manager, contractors, the Houston Airport System's managers and operators, various airlines and tenants, various inspectors, code enforcement, permitting, various design consultants, testing labs, contractors, etc. He provided on-site design support to clarify design issues, identify and resolve contractor deficiencies, facilitate solutions to unforeseen and differing conditions, including contractor deviations and deficiencies, and assist with various Client and Airline requested modifications to minimize cost and schedule impacts. John's responsibilities required multi -discipline coordination from civil, architectural, structural, environmental, electrical, mechanical, security, communications, elevators, and baggage handling in order to coordinate with design consultants, clients, airlines, end users, inspectors, testing labs, contractors, subcontractors, and code enforcement. Mail Sort Facility and Police Dog Kennels at Bush Intercontinental Airport—Continental Airlines and City of Houston, Texas (1998-1999): John was a project manager in the program management division of Hensel Phelps Construction Co. providing program management services for the former Continental Airlines. He was responsible for managing the design team and the contractor and testing lab, which included conducting various meetings, pay estimates, RFIs, submittals, change orders, and managing the project schedule and costs. John successfully helped with a major design change that required shifting the entire facility and worked closely with design team, Continental Airlines, the Houston Airport System and City permitting department to expedite a solution that minimized the cost and schedule impacts. Projects — Lockwood, Andrews & Newnam Nueces County Hazard Mitigation Action Plan (HMAP) – Multiple Jurisdictions, Nueces County, City of Corpus Christi, et al., TX (2017 -current): Team member assisting with the research, data acquisition, analysis and writing of the HMAP, and successfully completed the Local Mitigation Planning Workshop conducted by the Texas Division of Emergency Management. Ayers Street Pedestrian Improvements and Turn Lane Addition, from SPID to Gollihar, Bond 2014 – City of Corpus Christi, TX (2016 – current): Prepare the technical specifications and utility matrix, and perform constructability review. Project consisted of widening approximately 3,000 linear feet of Ayers Street from approximately SPID to Gollihar Road to accommodate the addition of a continuous center dual turn -lane, and provide pedestrian and drainage improvements. Alameda Street – Lipan to Kinney, Bond 2014 – City of Corpus Christi, TX (2016 -current): Provide construction phase services. The project consists of full -depth asphalt roadway reconstruction with curb and gutters, driveways, sidewalks, ADA curb ramps, pavement markings, signage, storm water drainage, and utility improvements. Bulk Terminal Storm Water System Quality Improvements, Project 15-046A – Port of Corpus Christi, TX (2016 -current): Prepare the technical specifications and perform constructability review. The project consists of restoring the capacity of the public storm water detention ponds, storm water infrastructure modifications to the existing storm water filtration system at the bulk terminal, including removing and replacing concrete channels, adding weirs, headwalls, retaining walls, slabs, weirs, ramps, storm pipes, and inlets, utility relocations, and pavement, curbs, site grading improvements. Northeast Transmission Line Program (over 90 miles and over $500M of large diameter waterlines up to 108 -inch diameter) – City of Houston, TX (2015 -current): Responsible for preparing a cost model for the program, TxDOT tunnel permit assistance, specification assistance, assistance with unique details, presenter on constructability issues at workshop hosted by the City, and performed constructability reviews on the following initial projects in the ongoing program. WBS No. 5-000900-0126-3 (Contract 99B-2), $29.0M - 108 -inch Water Line Along City Easements from Smith Rd. to Lee Rd. – This project primarily consists of construction of 108 -inch large diameter water transmission line, public utility adjustments, access road with a detention pond and construction of one (1) 42 -inch and one (1) 54 -inch Interconnection from the proposed 108 -inch water line to existing 42 -inch and 66 -inch water lines, respectively. The proposed 108 -inch water line will be tunneled under a TxDOT bridge, Union Pacific Railroad tracks, Harris County Flood Control District Channel and existing roadways. WBS No. S-000900-0156-3 (Contract 99C-1), $20.5M - 108 -inch Water Line Lee Rd. to Vickery Dr. – This Project primarily consists of constructing a 108 -inch and 54 -inch water transmission line, a 12 -inch waterline, a 16 -inch waterline, roadway reconstruction including drainage replacement along with sidewalk construction and replacement on Updated: 3/24/17 John Montalvo Page 2 of 6 portions of Crosswinds Blvd. and Aeropark Dr. Construction of the proposed 108 -inch water line includes connections to the other NETL "work around solution" projects: a proposed 108 -inch water line and a proposed 54 -inch water line (by others), and also includes various public utility adjustments. • WBS No. S-000900-0140-3 (Contract 99B-1) $31.3M - 108 -inch Water Line Along City Easements from East of Bellow Falls Ln to Smith Rd — This Project primarily consists of construction of 108 -inch large diameter water transmission line, public utility adjustments and one (1) 60 -inch interconnection from the proposed 108 -inch water line to the existing 84 -inch water line. Main Canal Siphon at IH -10 Slope Failure Repair — Coastal Water Authority, Baytown, TX (2016): Construction Manager responsible for construction management and inspection services on a critical slope failure repair to the raw water canal on the slope immediately above three 108 -inch PCCP siphons crossing under Interstate Highway 10. Surface Water System Improvements Program — City of Conroe, TX — Water Plants Project (2014-2016): Construction Manager responsible for construction management and inspection services for modifications to 6 existing ground water pump plants to accept surface water from the SJRA's new surface water treatment plant, including 3 new natural gas emergency generators, construction of a new pump building with new pumps and chlorine system and new and refurbished pumps at 5 existing pump facilities, including new post chlorination systems, including associated electrical, SCADA and security modifications. Work is scheduled and sequenced in phases to avoid service disruptions. Surface Water System Improvements Program — City of Conroe, TX — Water Distribution System Project (2015- 2016): Construction Manager responsible for construction management and inspection services on 4 new pressure reducing valve facilities, 4 new emergency service valve facilities, with new precast buildings for each facility, and 3 new small diameter waterlines, including chlorine analyzers, associated electrical, SCADA and security. Improvements are necessary to receive surface water from the SJRA's new surface water treatment plant. John developed and prepared an initial draft of proposed procedures and test report forms for disinfection and hydrostatic testing of waterlines which is still under review by the City. Groundwater Reduction Program — San Jacinto River Authority, Montgomery County TX (subconsultant to KBR) — 60 -inch & 54 -inch Waterlines, Project Tl, Project T2 & Project T3, and South Receiving Facility Project (2013-2015): Provided design phase constructability reviews, permitting assistance, cost estimating, and committee member for the competitive sealed proposal selections. John provided construction management and inspection services for 3 concurrent large diameter waterline projects totaling approximately 12 miles of 54 -inch and 60 -inch waterlines, including 25 tunnels crossing dam spillways, TxDOT highways, railroads, creeks, gas pipelines, golf cart tunnel, and numerous roads, including impressed current cathodic suppression systems and fiber optic conduits and pull boxes. John also provided CM&I services on the south facility project concurrent with the waterline projects, which included various improvements at seven water plants consisting of new small diameter waterlines, new buildings, ground storage tank modifications, chlorine systems, control systems, electrical modifications, new emergency generator systems, and new water line pressure and flow control stations. John developed and prepared the initial draft of proposed procedures and test report forms for disinfection and hydrostatic testing of all of the waterlines in the program that was ultimately edited and implemented. Surface Water Transmission Program (SWTP) — City of Houston, TX (2000 - 2015): Since 1985, LAN has provided planning, design, Program Management and construction management and inspection services to convert from groundwater to surface water to reduce the effects of subsidence. The City's $400 million SWTP Program which has provided more than 250 miles of transmission and distribution mains up to 96 -inches in diameter. As part of this program, LAN has managed, designed, coordinated more than 100 engineering design projects, including water system analysis and design, water treatment facility and pump station design, ground storage and well system design, open cut, tunneling, aerial pipe crossings, railroad crossings, waterline rehabilitation using trenchless technology, and the construction management and inspection for each project. The City of Houston estimates LAN's involvement has saved $40 million to date. John has worked on many of these projects (including concurrent while managing other projects), providing services ranging from route analysis, site investigations, condition assessments, constructability reviews, cost estimates, cost models, specification preparation, permitting, construction phase services, butterfly valve witness testing, with the majority being construction management and inspection services. Some of these projects also included improvements and additions to numerous water plant pump stations, pressure reducing valve stations, air relieve valve rehabilitation, and other facilities. All of these projects typically included public and private utility relocates, drainage modifications, concrete and asphalt pavement removal and replacement, tunnels, aerial crossings, impressed current cathodic protection Updated: 3/24/17 John Montalvo Page 3 of 6 systems, disinfection and hydrostatic testing, interconnections, etc. See partial list of projects and services listed below. Staff Augmentation Project Management Services, Construction Branch, Public Works City of Houston, TX (2004- 2006): John was a project manager responsible for LAN's staff physically located in the Public Works building augmenting the City's construction project managers. John was responsible for managing multiple projects in various stages of construction as an acting City Project Manager. As an acting City Project Manager John was responsible for directly managing projects as well as managing projects managed by other consultant construction managers. John also assisted the City with various other tasks and services such as perform constructability reviews on numerous projects, participate on committees to improve existing and add new modules in the City's web based construction management system called CIPMS, perform independent peer review of claims and disputed issues for other City PMs, worked with the City's Construction Branch senior assistant director, supervising engineer, and the City attorney in preparing and executing the first ever debarment of two contractors and their key principals by the Public Works Department. John's responsibilities also included coordinating with various City departments, North Harris County Regional Water Authority, permitting department, City surveyors, City utility maintenance, City plant operators, the City's geo- environmental group, various design and construction management consultants, laboratories, TxDOT, Harris County, private utilities, Harris County Flood Control District, various management districts, Sureties, City Legal, City Real Estate, Council Members, the public and various other stakeholders. The following is a brief list of some of the SWTP projects John worked on and his role (see footnote for John's roles). (1) City PM — Staff Augmentation (2) LAN Design Phase Services (3) LAN CPS Services (4) LAN CM Services * Independent peer review of major $1M+ claim only • Water Main Replacement Near Northside (1*) (GFS# S -0035 -NN -3) $2.6M (2002-2003) • 36"WL along Beamer from Dixie Farm Rd to Bay Area Blvd (1) (GFS# 5-0900-78-3) $6.1M (2002-2004) • 30" WL along Briar Forest... and Jersey Village Pump Sta. (1) (GFS# S-0900-52-3) $6.5M (2003-2004) • 60" WL along Dolly Wright, Dubois and Victory (1) (GFS# S-0900-59-3) $3.4M (2001-2002) • 54" WL along Tidwell, from Hollister to Old Hempstead (1) (GFS# S-0900-62-3) $3.9M (2001-2003) • 54" WL along Ella Blvd, from W. 24th to West 43 Street (1) (GFS# S-0900-68-3) $4.3M (2002-2003) • WL Grid Extension Pkg 1— various locations (1) (GFS# S-0700-56-3) $1.0M (2003-2004) • Watermain replacement in Bennington (1) (GFS# S -0035-A3-3) $1.6M (2005-2005) • 36" WL along Hillcroft, Holly, Dunlap & N. Braeswood (1, 4) (GFS# S-0900-89-3) $5.3M (2004-2005) • Rehabilitation of Air Relief Valve Package #1 (1, 4) (GFS# 5-0701-02-3) $3.9M (2004-2005) • (71A - Greenspoint) 66" WL along World Houston... (1, 4) (S-0900-99-3) $13.4M (2005-2005) • (71B - Greenspoint) 66" WL along Aldine -Westfield... (1, 4) (S -0900-A1-3) $11.7M (2005-2005) • (71C - Greenspoint) 66" WL along Old Greens...(1, 4) (GFS# S -0900-A2-3) $7.7M (2005-2006) • (71D - Greenspoint) 66" WL along Green Rd...(1, 4) (GFS# S -0900-A3-3) $8.9M (2005-2006) • (Greenspoint) 12",16" & 20" WL Service Upgrades and Grid Extensions in the Greenspoint area (1, 4) • (GFS# S -0900-A4-3) $1.3M (2005-2006) • Slipline of existing 42" WL with 36" HDPE from Holmes Rd., to Sims Bayou Pump Station (1, 4) (GFS# S -0900-A8-3) $8.2M (2005-2005) • Katy Addicks Pump Station and Spring Branch Pump Station Improvements (1, 2, 3, 4) (GFS# S-0900-83-3) $1.8M (2004-2005) • 48" WL and 20 & 24" well collection lines along N. Dairy Ashford, Old Katy Rd, Well Site No. 2 (1, 2, 3, 4) (GFS# S-0900-84-3) $4.9M (2004-2005) • 36" WL along Westview & Wisterwood...(1, 4) (GFS# S-0900-85-3) $4.4M (2004-2005) • 42" WL along Scenic Ridge Dr, Oak Spring Dr., Timberline Rd., Brittmore Rd... from Katy Addicks Pump Sta. (1, 4) (GFS# S-0900-86-3) $4.0M (2004-2005) • 48" WL & 30" Well Collection Line along Wickchester, Moorwick, Wickhollow....(1, 4) (GFS# S-0900-87-3) $4.2M (2004-2005) • 24" WL along State HWY 6 from Bakers Point Lane to Grisby St. and Conrad Sauer Pig Launching/Receiving Facility (1) (GFS# 5-0900-96-3) $1.1M (2005-2005) • 36" WL along N. Eldridge, from IH10 to Sandbridge (1, 4) (GFS# S-0900-97-3) $4.3 (2004-2005) • PRV Station Improvements Package 2 (1) (GFS# 5-0900-79-3) $1.8M (2003-2004) • PRV Station Improvements Package 3 (1) (GFS# S -0900-A7-3) $1.5M (2006-2007) • On -Call Water Main & Sanitary Sewer Pkg 1 (1) (GFS# S -0801-P4-3) $1.5M (2004-2006) • On -Call Package #4 Large Dia. Waterlines (1, 2, 3, 4) (GFS# S-0701-01-3) $2.6M (2004-2006) • 24" WL along Post Oak Blvd from Westheimer to IH610 (1, 4) (GFS# 5-0521-19-3) $3.5M (2005-2005) • On -Call Package #3 Large Dia. Waterlines (2, 3, 4) (GFS# S-0701-01-3) $2.7M (2004-2006) • 12" WL along Post Oak, from Richmond to Westheimer (1, 4) (GFS# S-0521-15-3) $1.4M (2005-2006) • 48" WL along Almeda from N. MacGregor to Holcombe Blvd, and along Holcombe Blvd. from Almeda to Cambridge (1, 4) Updated: 3/24/17 John Montalvo Page 4 of 6 • 54" WL along Dolly Wright from W. Montgomery to Acres Home Pump Station, and Pump Sta. Improvements (1) (GFS# S -0900-A9-3) $4.6M (2006-2006) • 42" WL along Tidewater, South Post Oak, W. Orem, Croquet from Candleshade to Sims Bayou Pump Station (3, 4) (GFS# S -0900-B7-4) $8.5M (2010-2011) Greenspoint Water Line Program, Construction Management and Inspection Services – City of Houston, Houston, TX: John was initially the consultant Project Manager for construction management and inspection team and subsequently the acting City PM of 45,000 LF of 66 -inch transmission mains and 5,000 LF of 8- and 12 -inch distribution lines on a fast-track schedule to meet an EPA mandate. Due to the EPA's deadline, it was necessary to take a proactive approach to design and construction of this project. This program required extensive coordination with numerous high profile stakeholders, significant traffic management efforts, several critical tunnels, significant utility relocations, and pavement removal and replacement. The project was completed on time, in 18 months, and under budget by $2.3 million. Almeda Sims Sludge Processing Facility, City of Houston, Houston, TX – $38M including dryer equipment (2006 – 2009): John was the construction manager for the new sludge processing facility that consisted of new metal building to house the 2 new dryer units, 2 new belt filter presses, 1 remanufactured belt filter press, 3 refurbished belt filter presses, polymer feed system, sludge feed system, sludge day tanks with aeration system, cake conveyance system, water booster pump system, HVAC, plumbing, electrical, fire suppression and alarm system, SCADA, control room, offices, elevators, and a new truck load out building and 2 concrete silos, truck scales, stair tower, and a new TWAS pump station and new NPW pump station. The project encountered numerous significant unforeseen and differing conditions, acts of god, contractor deficiencies, and design modifications, including significant unforeseen contaminated soils, delays due to hurricane. John successfully utilized and issued numerous work change directives that helped to minimize the cost and schedule impacts associated with these various challenges. HVAC Improvements at Electrical Buildings at the Water Treatment Plant and Industrial Pump Station – Gulf Coast Water Authority, Texas City, TX – $295k (2012 – 2012): John took the lead at the 90% design stage to assist the EOR in splitting out the contract documents into alternate bid, prepare the front end documents, and assist with advertising, bidding and award. John also provided construction phase services and was the construction manager. The project required the replacement of the existing HVAC equipment in the electrical buildings at the water treatment plant and the industrial pump station which provides raw water to numerous petrochemical refineries. The work was successfully scheduled, sequenced and managed to avoid service disruptions to the public and refineries. New Flow Meters, Vaults, Radio Antennas and Solar Panel Systems for Various Raw Waterlines – Gulf Coast Water Authority, Texas City, TX – $916k (2013 – 2013): John took the lead at the 90% design stage to assist the EOR in completing the design for multiple proposed flow meters, vaults and radio/solar power systems on existing raw water lines servicing multiple petro chemical refineries. The vaults were located inside and outside of the refineries. John coordinated closely with the refineries to perform extensive SUE investigation to locate the various buried gas pipelines, utilities and raw waterlines to determine where the proposed flow meter vaults could be safely located, as well as coordinate with the local electrical company to determine where the proposed precast concrete utility poles for the radio antennas and solar panels could be located so they wouldn't conflict with the numerous overhead power lines. Kimberly Drainage Project - TIRZ 17, Houston, TX: John was the construction manager on this project located in the highly urbanized Memorial City Mall area, which consisted of slip lining a 54" sanitary sewer, installation of a temporary by-pass system, installation of dual reinforced concrete box culverts, new waterlines, new signalized street lights, new concrete pavement, concrete pavers, sidewalks, handicap ramps, driveways, decorative street lights, and landscaping. Projects — Hensel Phelps Construction Co. International and Special Projects; San Jose, California (1997- 1998): John was part of the corporate team selected to begin a new division to pursue international and special projects. His responsibilities varied from estimating (hard bid and conceptual) to developing new systems, forms, and procedures to overseas site visits to meet with potential clients, local officials, business leaders, contractors, and architects. Engineering School, MP Training Facility, Chemical Defense Training Facility, Museum, Barracks, Dining Halls, Soccer Fields, and Officer Housing—US Army Corps of Engineers, Fort Leonard Wood, Missouri (1996-1997): As Senior Project Engineer, John provided guidance to four project engineers and was responsible for setting up the contractor's management systems for all the projects. John was directly responsible for the engineering school, officer housing and soccer fields which included management of contractor's staff, laborers, equipment and materials, as well as managing the subcontractors and suppliers. Barracks, Dining Halls, Central Plant, Roads, and Utilities—US Army Corps of Engineers, Fort Huachuca, Arizona (1992- 1993): John was a field engineer responsible for performing the engineering, drawings, surveying, and construction layout and verification for the civil portion of the project. His responsibilities required reviewing the contract drawings and Updated: 3/24/17 John Montalvo Page 5 of 6 specifications, as well as the product data, shop drawings, and field conditions in order to develop construction layout drawings which included all components necessary to comply with the contract documents. John also managed the geotechnical testing lab, all heavy and light construction equipment, material suppliers, and a 10 -man crew of operators and laborers for all civil work. Semiconductor Facility Program—Samsung Corporation, Austin, TX (1995-1996): John had dual responsibilities as a member of the construction management team, and as a member of the contractor team constructing the main semiconductor building. John was the senior project engineer responsible for setting up the management information systems for the design -build fast-track $330M program for the construction management team and coordinated with the client, design team, and contractors. Contractor team responsibilities included management of staff, laborers, equipment, and materials, as well as managing the subcontractors and suppliers. John also conducted progress meetings, pay estimates, RFIs, submittals, change orders, and managed project schedule and costs. Wastewater Treatment Plant—US Army Corps of Engineers, Holloman, New Mexico (1996): John was brought in to perform a complete audit of the contractor's and independent testing lab's daily reports, inspection records, and test reports to determine if all contractually required testing was performed. The audit was due to a government investigations as a result of allegations made by a disgruntled former employee. John's detailed extensive audit determined that some tests were inadvertently not performed, but there was no willful intention to save money or cut corners by not performing the tests. The contractor proposed corrective fixes for the tests that were not performed. The government investigation agreed with John's findings and with the contractor's proposed fixes. South Oak Cliff Line Segment 1 and West Oak Cliff Line Segment 1—Dallas Area Rapid Transit (DART), Dallas, TX (1994-1995): John was the project engineer on a new light rail system, including train stations. His responsibilities included management of contractor's staff, laborers, equipment and materials, and subcontractors and suppliers. John also worked closely with the bonding company for the specialty light rail subcontractor to complete the projects. Light Rail -Service and Inspection Facility—DART, Dallas, Texas (1993-1994): John was the chief field engineer on a large complex service and inspection facility. He was responsible for managing the field engineering staff to perform the engineering, drawings, surveying, and construction layout and verification. John's responsibilities required reviewing the contract drawings and specifications, as well as the product data, shop drawings, and field conditions to correlate the various design disciplines in order to develop a consolidated set of construction layout drawings which included all components necessary to complete the work such as the numerous complicated pits for the various equipment that would service the trains, erect the various structural steel buildings, layout the complex rail tracks in the rail yard, the various utilities, driveways, parking lots, etc. Research Asst. & Internship — Grad. School University of Texas, College of Civil Engineering and Construction Industry Institute (CII), Austin, TX (1990-1991): While a graduate student in the Construction Engineering & Project Management program in the College of Civil Engineering, John was a graduate research assistant to the director of the program (Dr. Richard Tucker, P.E.) who was also the director of the Cll. One notable project John assisted with while working at CII was researching and drafting the introduction and several chapters for the CII director, and reviewing/editing the remaining chapters prepared by professors from other universities, and compiling, formatting and preparing the TOC, chapters, exhibits, appendices and index for a publication funded by the National Science Foundation on the Japanese construction industry. This work and research led to a graduate student internship opportunity with one of the largest Japanese full-service engineering, land development, and construction companies, the Taisei Corporation, in their Research & Development Division located in their corporate headquarters in Tokyo, Japan. John worked directly with their engineering researchers and scientists on the various construction methods and materials they were researching and developing. This research also included numerous site visits to various active construction project sites around Japan, ranging from several mid -rise office and residential buildings, to a highway tunnel project crossing under a bay constructed of precast concrete box segments, to several mega airport projects including the expansion/renovation of the Haneda Airport, and construction of the manmade island and connector bridge in Osaka Bay for the totally new Kansai International Airport. This research also included touring the research and development facilities of not only Taisei, but also the facilities of one of their major competitors, the Kajima Corporation, where new methods and materials were tested and developed. Projects — Carpenter's Helper Residential and Small Commercial Projects, Various Clients, Corpus Christi, TX (1975-1988): John worked on various residential and small commercial projects as a carpenter's helper and estimator on weekends and summer breaks starting in seventh grade and through college. Projects were primarily small private residential additions and remodels, with a few small office renovations, dentist office renovation, renovation of several low income government housing units, and volunteer work to build various shelters and structures for a Boy Scout camp. Updated: 3/24/17 John Montalvo Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Feb 07, 2019 Application for a City Board, Commission, Committee or Corporation Profile Mr Paulo Salazar Prefix First Name Last Name psalazar@kristv.com Email Address 3402 Ocean Drive #11 Street Address Corpus Christi City What district do you live in? * J7 District 4 Current resident of the city? t• Yes r No 1/2 a year If yes, how many years? Mobile: (850) 321-9406 Primary Phone KRIS TV Employer 301 Artesian St Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78401 Work Address - Zip Code 361-654-1643 Work Phone psalazar@kristv.com Work E-mail address Home: (361) 654-1643 Alternate Phone Evening Anchor Job Title TX Slate 78411 Postal Code Mr Paulo Salazar Page 1 of 5 Preferred Mailing Address w Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted MAYOR'S FITNESS COUNCIL: 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) I have a Bachelors Degree in Communication and I have partnered with CASA of the Coastal Bend to serve as their spokesperson at certain event through out town. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Air Port Board, Why are you interested in serving on a City board, commission or committee? I'm new to the community and as an Evening Anchor for KRIS 6 News I feel it's important for me to be involved in my community. I was born in Corpus Christi and love this area. I would like to be a part of an organization doing great things for the community. Are you an ex -Officio member of a City Board, commission or committee? C Yes r No Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Mr Paulo Salazar Page 2 of 5 Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes a 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 a No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes 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 No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes (7'No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. I'm a registered voter Board -specific questions (if applicable) Question applies to MAYOR'S FITNESS COUNCIL The Mayor's Fitness Council must include representatives from certain categories. Do you qualify for any of the following categories? * I•J Youth Initiatives Mr Paulo Salazar Page 3 of 5 Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? * Pr 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. 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 Mr Paulo Salazar Page 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. F7 I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. F7 I Agree Mr Paulo Salazar Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jul 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile Samuel First Name samuel.saldivar@hdrinc.com Email Address 5425 King Trail Street Address Corpus Christi city What district do you live in? * p District 5 Current resident of the city? r: Yes r No 41 If yes, how many years? Mobile: (361) 793-5735 Primary Phone HDR, Inc. Employer 555 N. Carancahua St, Suite 1600 Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78401 Work Address - Zip Code 361-696-3325 Work Phone samuel.saldivar@hdrinc.com Work E-mail address Saldivar Last Name Business: (361) 696-3325 Alternate Phone Civil Program Leader Job Title Jr Suffix TX State 78414 Postal Code Samuel Saldivar Jr Page 1 of 4 Preferred Mailing Address pr Work Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any other City board, commission or committee. Education, Professional and/or Community Activity (Present) Bachelor of Science in Civil Engineering, Licensed Profession Engineer in Texas and Utah, Carroll Soccer Booster Club (2011-2015), President of Carroll Soccer Booster Club (2013-2015), Texas Society of Professional Engineers Nueces Chapter (Secretary, President -Elect 2015-2016) (President 2016 - current) Why are you interested in serving on a City board, commission or committee? Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? ✓ Yes r No Demographics Gender I•J 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 r No Samuel Saldivar Jr Page 2 of 4 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) Samuel Saldivar Jr Page 3 of 4 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. p I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. p 1 Agree Samuel Saldivar Jr Page 4 of 4 EDUCATION Bachelor of Science, Civil Engineering (Bachelor of Science in Civil Engineering), Texas A & M Univ Kingsville, 1997 REGISTRATIONS Professional Engineer, Texas, United States, No. 92638 Issued: 12/10/2003, Expires: 09/30/2016 Professional Engineer, Utah, United States, No. 7339397- 2202 Issued: 04/30/2009, Expires: 03/31/2017 PROFESSIONAL MEMBERSHIPS TSPE-Nueces Chapter(2015- current) INDUSTRY TENURE 19 years HDR TENURE 9 years OFFICE LOCATION Corpus Christi, TX AWARDS Texas AGC / TxDOT Design Award (2004) SAMUEL SALDIVAR FIN Samuel Saldivar Civil Group Leader Mr. Saldivar's design experience includes knowledge and design of horizontal and vertical alignments, super elevation, bridge layouts, traffic control, construction pollution mitigation, design cross-sections, earthwork, typical sections, utility layouts, plan and profile sheets, drainage details, hydrology, urban storm sewer design, bridge class culverts, striping layouts, signing layouts, retaining wall layouts, and construction management. RELEVANT EXPERIENCE A&W Highway Contractors, 11400 South at 1-15 Design Build, Salt Lake City, UT Construction/reconstruction of 11400 South from 3600 West to State Street (US -89); northbound and southbound 1-15 auxiliary lane construction from 11400 South to 10600 South; an overpass over the UPRR/UTA railroad Right of Way at approximately 400 West; and a large overpass bridge structure to accommodate a single point urban interchange (SPUI) at 1-15 and 11400 South. Mr. Saldivar designed a segment of the 11400 South road and provided design support for the I- 15 corridor and SPUI. He had oversight of horizontal and vertical geometry and design cross-sections. He also coordinated the roadway design with multiple discipline teams that included structures, drainage, utility conflicts/relocation, proposed utilities, right of way acquisition, MOT (maintenance of traffic), signing, striping, and signal layouts. Role: Roadway Task Leader A&W Highway Contractors, 11400 Interchange; State Street to Bangerter Highway Reconstruction, Salt Lake City, UT HDR assisted Ames Construction with the development of preliminary engineering (concept and feasibility) design plans for a five -mile section of roadway to be upgraded from a two-lane facility to a five -lane roadway, and a two-mile section of freeway, including the construction of a new single -point urban interchange (SPUI). A&W Highway Contractors, 1-15 New Interchange at 11400 South Design -Build, Salt Lake City, UT Mr. Salvidar led a team to design the improvement of 11400 South from a rural section to an urban boulevard section for three miles. In addition, he assisted in developing geometry for the single -point urban interchange (SPUI). Responsibilities included overseeing geometry, utility relocation, right-of-way acquisition, retaining wall, drainage, signing, striping, MOT, and cross-section development. Sam was involved with developing the "footprint" for the project which delineated the ROW needs for all parcels abutting the project limits. The project also won an award from DBIA - Rocky Mountain Region in 2011. Role: Roadway Segment 1 Lead Date: 08/2011 City of Corpus Christi, TX, 2008 Bond Program Assistance, Corpus Christi, TX Provided preliminary engineering services to develop the scope, budget and schedule for 11 individual street projects as part of the CIP and Bond 2008 Issue 1 SAMUEL SALDIVAR projects. These projects were each estimated to cost $10 to $12 million and required reconstruction to meet the City of Corpus Christi's Urban Transportation Plan. The projects included a full compliment of improvements to the utilities, storm water drainage, and roadway. Role: Design Engineer Date: 10/2008 City of Corpus Christi, TX, Airline Road Improvements, Corpus Christi, TX Bond 2008 improvements to Airline Road between Saratoga Boulevard and Rodd Field Road. Project consists of upgrading the existing two -land rural road without shoulders to a five -lane urban road with curb, gutter, and sidewalks. Also included utility upgrades and repairs (water, wastewater, gas) and significant stormwater improvements, as well as traffic signalization and area lighting improvements. City of Killeen, Texas, FM 2410 and US 190/Rosewood Dr. Overpass Project, Killeen, TX HDR prepared the application for the Pass -Though Finance Plan for improvements to three separate roadways including Farm to Market (FM) 2410, extension of Rosewood Dr and a new US 190/Rosewood Dr grade -separated interchange. The application was successful and HDR prepared Categorical Exclusion (CE) environmental documentation for the FM 2410 portion of the project and plans, specifications and estimate (PS&E) package for the FM 2410, US 190/Rosewood Dr overpass and Rosewood Dr extension. These plans included acquisition of right-of- way, signing, pavement markings, traffic control, erosion control, pavement assessment and design, utility coordination and field surveying. In addition, due to the proximity of the project to Skylark Field Airport, FAA Form 7460-1 Notice of Proposed Construction or Alteration was prepared and submitted for both construction activities as well as the proposed final design. Role: Roadway Lead Date: 02/2015 City of Pflugerville, Pflugerville Parkway (Eastern Segment), Pflugerville, TX HDR was selected to provide schematic design and final plans specifications and estimates to upgrade a five mile segment of the 2 lane roadway to a 4 lane divided arterial roadway. The project incorporates TxDOT criteria based on the 4c funding provided by CAMPO. Additionally, HDR provided traffic warrants, and signal, roadway, and stormsewer design. Date: 06/2004 City of Round Rock, Arterial Storm Water Pump Station Preliminary Sizing, Round Rock, TX Provided services related to the design of an underpass for the City of Round Rock Arterial A under the Union Pacific Railroad. Date: 12/2001 City of San Antonio, Reed Road Improvements: Culebra to Military, San Antonio, TX HDR provided preliminary engineering and final design services for the Reed Road: Culebra to Military project, a $6.1M project to reconstruct and widen approximately 5,800 feet of roadway from a two-lane non -curbed section to three lane section to include left turn lanes, bicycle lanes, curbs, sidewalks, driveways, underground storm drain system and traffic signals. The scope of services included preparation of a Preliminary Engineering Report that outlined the controlling design criteria and set vertical and horizontal alignment allowing the right of way needs to be 2 SAMUEL SALDIVAR determined. Final design services included preparation of plans, specifications, and estimates. Date: 09/2010 Fort Bend Grand Parkway Toll Road Auth., Grand Parkway SH 99 Segment D Section 2 (New Territory Overpass), Sugar Land, TX Responsible for the design of PS&E of Section 2 of Segment D which included the overpass at New Territory Blvd. and two bridges over Ditch "M" south of New Territory Boulevard. The project also included the design of the main -lane pavement geometrics, 9 retaining walls, SWPPP, and construction cost estimates for the project along the SH 99 (Grand Parkway) corridor. Date: 00/2014 Gignac Associates, Chaparral) Street Improvements, Corpus Christi, TX See PM Date: 07/2014 HDR Engineering, Arterial A Alignment (SA as sub to Austin), Austin, TX The City of Round Rock Public Works Department contracted HDR's Austin office to prepare plans, specifications, and estimates for a new alignment of a 6 -lane major arterial divided roadway. The project limit was from Joe DiMaggio Boulevard to Forest Creek Drive, totaling 1.14 miles. Project elements included retaining walls, storm sewer system, Chandler Creek Bridge and Brushy Creek Bridge and a railroad bridge over Arterial A. The San Antonio office assisted with preparing plans for drainage, SW3P, traffic control plans, signing and striping. Role: Transportation Engineer Date: 02/2008 HDR Engineering, U.S. Army Corps of Engineers - Fort Worth ECSO IDIQ, Rio Grande Valley Border Fence, engineering subcontract This project entailed providing metes and bounds surveys and legal deed descriptions associated with the proposed "Border Fence". The project limits included Starr, Cameron, and Hidalgo Counties. Role: Project Manager NAVFAC Southeast, NAVFAC SE IDIQ, Basewide Signage Field Inspection and Design, Corpus Christi Naval Air Station, TX HDR helped the Navy achieve signage uniformity and consistency by conducting field work to catalogue and inventory existing signs. Five engineering plan sets were prepared for sign replacement. Role: Project Manager Date: 10/2010 Port Authority of San Antonio, TIGER Grant Application, San Antonio, TX Mr. Saldivar coordinated communication between the Port of San Antonio, HDR, and Pape -Dawson. He led the team in laying out horizontal geometry, planning conceptual drainage improvements, opinions of probable cost, and project schedules for a preliminary engineering plan and estimate of probable cost for TIGER grant application. Role: Project Manager Date: 09/2009 TxDOT- Dallas District, US 75 Reconstruction, McKinney, TX The HDR Team designed 3.3 miles of the reconstruction of US 75 through McKinney, Texas including two diamond intersections, one single point urban 3 SAMUEL SALDIVAR interchange, eight mainlanes, new ramps and new frontage roads. TxDOT- El Paso District, Evergreen 2006, El Paso, TX HDR was selected by TxDOT - El Paso for a two year evergreen contract. One Task Order has been issued for the rehabilitation of IH -10 in El Paso County. This project is the rehabilitation of 4.77 miles of existing east- and west -bound frontage roads. The work is overlay, mill and inlay, and base repair to be done at specific locations as designated by TxDOT. The project also included rehab of 0.84 miles of mainlanes and base repair and resurfacing of one exit ramp. Role: Project Manager Date: 07/2008 TxDOT Houston District, TxDOT Houston IH 451IH 610 Direct Connector TxDOT Houston, Houston, TX' HDR prepared PS&E for IH45 south to IH610 east direct connector, SH35 south connector, IH45 bridge widening at Woodridge, IH610 bridge widening at Telephone and IH610 bridge widening at Broad and IH610 widening for approximately 2.5 miles. Date: 00/2014 TxDOT- Pharr District, Border Safety Inspection Facilities, Pharr, TX HDR was selected for the development of Border Safety Inspection Facilities, which will provide the needed safety inspection of trucks at the Port of Entry while providing for optimum through put of the inspected trucks. Key project elements are inspection bays, roadway elements, queuing areas, parking areas, weight -in -motion (WIM) scales, support buildings and coordination of facilities with the INS using Intelligent Transportation Systems. Role: Transportation Engineer Date: 06/2009 TxDOT- San Antonio District, Planning Evergreen, TX Task Order 1- SH16/SH46: The project consisted of designing a conceptual intersection layout that upgrades an existing 4 -lane undivided highway with at -grade intersections to a 4 -lane divided highway with a grade separation at the intersection of SH16 and SH46. Allowance for future lanes was included. HDR provided horizontal and vertical alignments, ROW impact analysis, retaining wall analysis, matrix outlining the options for alignments, construction cost, and ROW impacts/costs. Role: Project Engineer TxDOT- San Antonio District, US 281 - Loop 1604 Revisions, San Antonio, TX HDR designed the revised geometric alignments to allow for the addition of proposed tolled managed lanes along Loop 1604 and direct connectors that feed traffic into and out of the proposed managed lanes of Loop 1604 onto the proposed general purpose main lanes of Loop 1604 and US 281, as well as the proposed tolled main lanes along 281 N. HDR provided associated cost estimates and constructability reviews for each of the proposed eight direct connecting bridge structures and approach roadways. Role: Transportation Engineer Date: 01/2008 TxDOT- Waco District, US 190 Reliever Route, Copperas Cove, TX The HDR Team will design the US 190 Bypass around Copperas Cove, Texas. The project is a new location and will include engineering a four -lane freeway with grade 4 SAMUEL SALDIVAR separations. The design will consist of freeway mainlanes, cross street bridges, entrance ramps, exit ramps and the moving of an existing landfill from the right of way of the proposed bypass. USPS, USPS WO #4 - Cedar EIm Paving, San Antonio, TX HDR was responsible for the redesign of the existing layout of the Cedar EIm Postal Facility. This included revising the site layout to accommodate increased traffic loads, circulation plan, drainage design, site grading, ADA compliance, demolition and cost estimates. Date: 07/2008 NON -HDR EXPERIENCE Kostoryz Road Widening, Corpus Christi, TX Widened 2 lane urban road with roadside ditches to a 5 lane curb and gutter section. Designed Vertical Alignment. Performed Hydrologic Analysis for contributing drainage areas. Designed the curb and gutter storm system. Designed the Design Cross -Sections and calculated earthwork volumes. Role: Engineer In Training SH 286/ SH 358 Interchange Upgrade existing interchange from 3 legs to 4 legs with direct connectors and clover leaf ramps. Designed storm sewer system for interchange. Designed grading layouts. Designed horizontal and vertical alignments for minor roadway sections. Designed soil nailed wall layouts. Role: Engineer In Training SH 35 Upgrade a rural 2 lane road to a rural 4 lane divided. Designed the Pavement Structure. Designed the striping layout and calculations. Role: Engineer In Training SH 89 Design of rural 4 lane divided highway with 8 grade separations. Designed vertical and horizontal alignments, designed cross-sections & earthwork volumes, coordinated hydrology & hydraulics. Oversight of traffic control plan, bridge layouts, P&P sheets, and retaining wall layouts. Role: Project Manager US 181 Phase 2 Widen a 4 lane divided to a 6 lane freeway facility with overpasses. Designed Striping Layout and Calc's. Designed curb and gutter storm sewer for frontage roads. Designed driveway pipes for side streets. Role: Engineer In Training US 181 Phase 3 Designed vertical and horizontal alignments for mainlanes and ramps. Created design cross-sections and calculated earthwork volumes. Oversight on drainage design. Designed traffic control plan. Oversight of SW3P. Role: Project Manager US 59 Super 2 Design of intermittent passing lanes from Beeville to Goliad. Managed total P.S.&E. Designed bridge class structure and traffic control plan. Oversight of P&P sheets, culvert structure sheets, SW3P sheets, striping and signing sheets, and design 5 SAMUEL SALDIVAR cross-section work. Role: Project Manager US 77 Rehabilitation Rehabilitate a 5 lane curb and gutter section. Designed the striping layout for the project and calculated associated quantities. Layout consisted of a five lane curb and gutter section which included a TWLTL and multiple school crossings. Role: Engineer In Training 6 CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Feb 08, 2019 Profile Kusumakar First Name Email Address 3 GREAT LAKES DRIVE Street Address Corpus Christi City What district do you live in? * Fl District 5 Current resident of the city? Yes r No 6 If yes, how many years? Mobile: (248) 345-7383 Primary Phone SELF Employer 3 Great Lakes Dr Work Address - Street Address and Suite Number CORPUS CHRISTI Work Address - City TX Work Address - State 78413 Work Address - Zip Code Work E-mail address Preferred Mailing Address I -J Home/Primary Address Kusumakar Sooda Sooda Last Name Home: (361) 688-5425 Alternate Phone Medical Doctor Job Title TX Stale 78413 Postal Code Page 1 of 4 Which Boards would you like to apply for? AIRPORT 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) MD, working as a ER Physician for TLC Complete Care and Consultant Physician for Corpus Christi State supported Living Center 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 would like to invest my time in the community and see what difference I can bring in. I would like myself to learn to be pilot next year. Are you an ex -Officio member of a City Board, commission or committee? ✓ Yes r No Demographics Gender R Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r• No Kusumakar Sooda Page 2of4 Does your employer or your spouse's employer have a City contract? ✓ Yes (7 No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes 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 6 No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes a No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Not applicable Board -specific questions (if applicable) Kusumakar Sooda Page 3 of 4 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. F7 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 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 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. p I Agree Kusumakar Sooda Page 4 of 4 CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Jul 12, 2018 Profile Barry First Name Email Address 4306 Crested Butte Dr. Street Address Corpus Christi City _... _... What district do you live in? * R District 5 Current resident of the city? r•' Yes r No 30 If yes, how many years? R Thornton Middle Initial Last Name Home: (361) 850-9844 Mobile: (361) 800-5736 Primary Phone Alternate Phone Retired , DHS/CBP Air & Marine Program Manager Employer Job Title 4306 Crested Butte Dr. Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78413 Work Address - Zip Code 361 850 9844 Work Phone Work E-mail address TX State 78413 Postal Code Barry R Thornton Page 1 of 4 Preferred Mailing Address Pr Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: 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) BAST, Aviation Management, Thomas Edison State University Level I Program Manager U.S. Customs and Border Protection (Air & Marine Div) Why are you interested in serving on a City board, commission or committee? Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? ✓ Yes r No Demographics Gender pr 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 r No Barry R Thornton Page 2 of 4 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) Barry R Thornton Page 3 of 4 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Fl 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. 1 hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Barry R Thornton Page 4 of 4 Resume for Barry R. Thornton 4306 Crested Butte Drive Corpus Christi, Texas 78413 361-800-5736 I have recently retired from the Federal Government and am seeking to fill a vacant position on the Corpus Christi International Aviation board where my forty-five years of aviation related experience could be called upon to assist the Board and City Council in any way possible. Experience 2008-2016 - Program Manager- U.S. Customs Air and Marine Program (P-3 aircraft) 2003-2008 - Aviation Maintenance Officer - U.S. Customs Air and Marine Program (P-3 aircraft) 1995-2003 - Aviation Maintenance Inspector - U.S. Customs Air and Marine Program 1990-1995 - Flight Engineer - U.S. Customs Air and Marine Program 1989-1990 - Assistance Site Manager - Northrop Aircraft - US Customs maintenance 1985-1989 - Instructor/Curriculum Development Supervisor - US Navy 1983-1985 - Air Wing Flight Deck Coordinator - USS Independence (CVA -62) 1980-1983 - Attack Squadron Flight Deck Coordinator - USS Eisenhower (CVN 69) 1976-1980 - Reconnaissance Squadron Maintenance Control Chief/Flight Engineer 1972-1976 - Antisubmarine Squadron Flight Engineer/Quality Control Manager 1969-1972 - Aviation Power -Plants Technician Education 1963-1967 - 1970-1974 - 1975-1980 - 1985-1988 - Amherst Regional High (HD) University of Maryland (core course work) Embry -Riddle Aeronautical University (core course work) Thomas Edison State University (BAST Aviation Management) Federal Aviation Administration Licenses Airframe & Powerplant Mechanic Turbopropeller Flight Engineer BOARD OF ADJUSTMENT *One (1) vacancy with a term to 4-4-20, representing the following category: 1 - Alternate. Composition Seven (7) members appointed by the City Council. The membership must include two (2) alternates; be residents of the City. Only five (5) members may vote, and four (4) must concur to grant an appeal. Appointing Name Term Start date End date Authority Position Status Category *Ryan P Armstrong 1 8/16/2016 4/4/2018 City Council Resigned Alternate Robert Bryan Johnson 1 4/10/2018 4/4/2020 City Council Active Alternate Shawn Karaca 2 3/24/2015 4/4/2020 City Council Active Burris McRee 2 3/24/2015 4/4/2020 City Council Active Tim Voorkamp 2 3/24/2015 4/4/2020 City Council Active David Lee Walker 2 8/16/2016 4/4/2020 City Council Active Michael C York 1 4/10/2018 4/4/2020 City Council Active BOARD OF ADJUSTMENT Applications Name District Category William K Dooley District 4 District 4 Vida Alvarez Mason Alternate Alternate CITY OF CORPUS CHRISTI Submit Date: Aug 11, 2018 Application for a City Board, Commission, Committee or Corporation Profile Vida First Name vmason@islander.tamucc.edu Email Address 709 Saint Agatha Drive Street Address Corpus Christi City What district do you live in? * Fl District 4 Current resident of the city? 6' Yes rNo 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 W Home/Primary Address Alvarez Mason Last Name Home: (361) 462-5821 Alternate Phone TX State 78418 Postal Code Vida Alvarez Mason Page 1 of 5 Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted ARTS & CULTURAL COMMISSION: Submitted BOARD OF ADJUSTMENT: Submitted CITIZENS ADVISORY HEALTH BOARD: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted SISTER CITY COMMITTEE: Submitted MARINA ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Texas A&M University - Corpus Christi Business Administration with an emphasis in Management student Why are you interested in serving on a City board, commission or committee? I believe Corpus Christi has so much potential and being born and raised here, it is my duty to get involved with my communities to help improve the quality of life for all individuals. I would love to apply my knowledge gained through my undergraduate courses to different committee volunteer opportunities to not only gain valuable experience, but to see the impact I could make to make Corpus Christi a better place to live. Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? r Yes r No Demographics Gender p Female Code of Ethics - Rules of Conduct/Conflicts of Interest Vida Alvarez Mason Page 2 of 5 Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r No Does your employer or your spouse's employer have a City contract? ✓ Yes 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 No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes`- No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board -specific questions (if applicable) 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 Vida Alvarez Mason Page 3 of 5 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? * pr None of the above Question applies to SISTER CITY COMMITTEE The Sister City Committee must include members representing certain categories. Do you qualify for any of the following categories? * W 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. pr I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I1 I Agree Vida Alvarez Mason Page 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Vida Alvarez Mason Page 5 of 5 VIDA ALVAREZ-MASON 709 Saint Agatha Drive 1 Corpus Christi, TX 78418 1 (361) 510-76991vmason@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 Submit Date: Jan 16, 2019 Application for a City Board, Commission, Committee or Corporation Profile William K Dooley First Name tMtiddle Initial Last Name Email Address 453 Troy Dr Street Address Corpus Christi City What district do you live in? * F7 District 4 Current resident of the city? r Yes r No 1 If yes, how many years? Mobile: (806) 928-2582 Primary Phone Business: (361) 792-7932 Alternate Phone Humana Senior Market Manager Employer Job Title 4117 S Staples Suite 260 Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78411 Work Address - Zip Code (361) 792-7932 Work Phone wdooley@humana.com Work E-mail address TX Stale 78412 Postal Code William K Dooley Page 1 of 5 Preferred Mailing Address F7 Home/Primary Address Which Boards would you like to apply for? BOARD OF ADJUSTMENT: 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: Moved to Corpus Christi in August, 2018. I do not currently serve on any boards or commissions Education, Professional and/or Community Activity (Present) Bachelor of Science Degree Past Member of Leon Valley Texas Zoning Commission Past Member and Chairman of Odessa Texas Zoning Board of Adjustment Why are you interested in serving on a City board, commission or committee? I enjoy serving the community and have found the work of this type of board to be very interesting in my past experiences. Upload a Resume Are you an ex -Officio member of a City Board, commission or committee? ✓ Yes r No Demographics Gender 1•J 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 o. No William K Dooley Page 2 of 5 Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes P No Does your employer or your spouse's employer have a City contract? ✓ Yes o'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? c Yes P 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. NA Board -specific questions (if applicable) William K Dooley 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. Fir 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. IJV 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. Fir I Agree William K Dooley Page 4 of 5 Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree William K Dooley Page 5 of 5 William Kent Dooley 6539 Sally Agee, San Antonio TX 78238 (806) 341-1862 /wdooley@humana.com Retail Manager/General Manager / Vice President, Operations/Insurance Sales/Sales and Marketing Support P&L / Budgets / Multi -site Operations / Revenue Growth / Cost Control / CRM Leadership /Strategic Partnerships / Business Process Re-engineering / Contract Negotiations / Recruiting Senior executive with entrepreneurial career foundation as restaurant owner/operator combined with progressively responsible leadership roles at Humana, Inc., Odessa American, Sears Roebuck & Co. and OneTravel.com Inc. Proven record of accomplishments in multi -site operations driving double-digit revenue growth, improving customer service, forging strategic partnerships with key customers, managing inventory control, and re-engineering business processes in the health insurance sales, food service, publications, retail sales and travel industries. Proven record of accomplishments in community involvement. Developed improved relationship with Veterans of Foreign Wars Created New Agent Onboarding Program being adopted at regional and corporate level. Achieved 99.7% customer satisfaction by developing customer support center at OneTravel.com Negotiated travel service contracts with Sam's Club.com, MBNA, and SideStep.com Grew airline ticket fulfillment by 67% from 1,200 to 2,000 per day Bachelor of Science, Journalism, University of Central Missouri Highlighted Accomplishments 2016 Top OSB Sales, Top Closer, 100+ New Sales, 2015 Top 10% Producer, 2014 and 2013 West Texas Medicare Advantage Agent of the Year, Top 5 Sales in 2009 Annual Enrollment Period. President's Club Qualifier in 2009. Achieved 99.7% customer satisfaction by developing customer support center at OneTravel.com. Recruited and trained customer support staff. Increased capacity to 800 calls per day maintaining 2% abandoned call rate. Managed up to 300 emails per day maintaining two-hour response time. Launched online, pre -paid, hotel reservation application with complementary telephone sales division. Reviewed and approved user interface applications for consumers and customer service for booking airline, car and hotel reservations. Call center team closed 24% of monthly sales calls. Conducted market research and competitor analysis. Designed sales team training curriculum and sales floor plan. Wrote job descriptions and conducted new hire orientation and training programs. Telephone sales generated 15% of total pre -paid hotel sales for OneTravel.com. Negotiated travel service contracts with Sam's Club.com, MBNA, and SideStep.com. Provided major companies with co -branded and private label versions of OneTravel.com's online booking systems. Potential clients were invited for onsite operations center tour and meetings with key executives. Positioned OneTravel.com for capital investment by Amadeus, new majority shareholder. Led team that seamlessly switched Global Distribution System (GDS) vendors from Sabre to Amadeus in thirty -day period. Replaced hardware, opened new telephone circuits that enhanced network access to main system in Erding, Germany. Trained fulfillment staff, partnered with programmers and aligned online booking systems with new GDS. Completed project on time and on budget. Amadeus made decision to become majority shareholder. Grew airline ticket fulfillment by 67% from 1,200 to 2,000 per day. Re -organized customer service department and split off airline ticket fulfillment operation as independent department. Refined processes and improved efficiency by implementing improved macros. Staffing re -alignment allowed customer support staff more time for customer service and contributed to achieving 99.7% customer satisfaction rating. Career Summary Humana, Inc., Fortune 100 Health Insurance Company, Health Insurance, Life Insurance, Indemnity Insurance Sales) 2005 to present Sales and Marketing Support Executive 2017 to present Responsible for supporting career and external sales agents, developing better community engagement activities with community organizations including Veterans of Foreign Wars. Recognized for excellent relationship building with VFW. Currently leading a SMSE team to develop corporate wide standards to train new agents in community engagement. Sales Representative 2005 to 2017 Responsible for sales and service of Humana MarketPOINT products focused in the Medicare sector but also including sales to all age groups. Sales efforts include seminar and in-home selling. 2016 Top Closer, Top OSB Sales, Exceeded 100 new enrollments, 2015 Top 10% Producer, 2014 and 2013 West Texas Medicare Advantage Agent of the Year, Top 5 Sales in 2009 Annual Enrollment Period. President's Club Qualifier in 2009. Consistently meet or exceed all sales goals. Knights of Columbus ($54 Billion Fraternal Benefit Society, Life Insurance Sales) 2003 to 2005 Field Agent Responsible for sales and service of life insurance for over 900 members. Over $5 million in insurance issued from personal production. OneTravel.com, Inc. ($96M revenue, 98 employees, online travel services) 1995 to 2002 Vice President, Operations P&L $6M. Managed 30 staff. Developed strategic plan, led rapid growth which at times was as much as double growth month over month and managed employment growth including recruiting, hiring and training from six employees to 100 in 5 years. Recruited Regional HR Director / Strategic Senior Staff Advisor for regional offices in TX, PA, and SC. Sears, Roebuck & Co. (Fortune 32, $41B revenue, retail department stores) 1992 to 1995 Sales Manager, Brand Central / Sales Manager, Home Fashions Department $6M budget responsibility. Managed 22 staff. Grew retail sales by 30%. Reduced inactive inventory to acceptable level within 45 days. Re -designed show room displays, showcased inactive merchandise and trained sales associates in add-on sales techniques and loss prevention. Maintained 100%+ physical department inventory after Toss adjustments. Earlier Career History: Assistant Director of Circulation, Odessa American, 1984 to 1991. Manager, Water Wonderland, (150 employees) 1983 to 1984. Owner/Operator, Townsman Restaurant, ($180K revenue, 12 staff, full service restaurant), 1980 to 1983 CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT *One (1) vacancy with term to 9-30-20, representing the following category: 1 - Property Owner. (Note: Per the Texas Local Government Code, succeeding directors are chosen through the recommendation of the board and the approval of the City Council The Corpus Christi Downtown Management District is recommending Cheryl Votzmeyer. ) Composition The district is composed of at least nine, but not more than thirty directors, serving four-year staggered terms. Directors must represent one of the following categories: a resident of the district; an owner of property in the district; an owner of stock, whether beneficial or otherwise, of a corporate owner of property in the district; an owner of a beneficial interest in a trust that owns property in the district; or an agent, employee or tenant of one of the above. Per the Texas Local Government Code, succeeding directors are chosen through the recommendation of the board and the approval of the City Council. Name Term Appt. date End date Appointing Authority Position Status Category *Christian R Bernard Partial 2/14/2017 9/30/2020 City Council Resigned Property Owner Mr. E. Brent Bottom Partial 4/10/2018 9/30/2020 City Council Active Agent, Employee or Tenant Cherylyn M Boyd 2 12/8/2015 9/30/2020 City Council Active Property Owner Raymond Gignac 4 8/21/2001 9/30/2020 City Council Active Property Owner Steve Keenan 1 9/27/2016 9/30/2020 City Council Active Agent, Employee or Tenant Janet Maxwell 1 12/18/2012 9/30/2020 City Council Active Stock Owner Lexi Buquet Partial 12/8/2015 9/30/2022 City Council Active Resident Ajit David Partial 9/22/2015 9/30/2022 City Council Active Agent, Employee or Tenant Eric R Gutschow Partial 9/12/2017 9/30/2022 City Council Active Property Owner Casey Lain 2 6/8/2010 9/30/2022 City Council Active Property Owner Brad Lomax 1 8/12/2014 9/30/2022 City Council Active Property Owner Dee Dee Perez 2 6/8/2010 9/30/2022 City Council Active Agent, Employee or Tenant Glenn R. Peterson 2 6/8/2010 9/30/2022 City Council Active Property Owner Harold Shockley Jr. 1 5/8/2012 9/30/2022 City Council Chair Active Agent, Employee or Tenant Caitlin Shook Partial 4/10/2018 9/30/2022 City Council Active Agent, Employee or Tenant CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Application Name District Category Cheryl A Votzmeyer Josh Richline District 2 Property Owner District 1 Property Owner CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Mar 20, 2019 Profile Josh First Name jrichline@richline.cc Email Address 1806 3rd St Street Address Corpus Christi City What district do you live in? * I"J District 2 Current resident of the city? r Yes r No 16 If yes, how many years? Business: (361) 882-6297 ---._.._.------ Primary Phone Richline Last Name Mobile: (361) 510-056.1_ Alternate Phone Ric hline Technical Services_ _ Partner -Business Development Employer Job Title 114 Mesquite St Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78401 Work Address - Zip Code 361-882-6297 Work Phone jrichline@a richline.cc Work E-mail address TX State 78404 Postal Code Josh Richline Pane 1 of 5 Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Current Board Member of Corpus Christi Yacht Club (as such MAY qualify as representing a restaurant or attraction -not sure). Owner Richline Technical Services -Information Technology Company specializing in support small and medium businessesComputer and Network Support for over 16 years. Past Fleet Captain Corpus Christi MORF (the sailing fleet here in Corpus Christi). College at Southwest Texas State (now Texas State at San Marcos) Why are you interested in serving on a City board, commission or committee? Are you an ex -Officio member of a City Board, commission or committee? ✓ Yes r No 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 r No Josh Richline Pane 2 of Does your employer or your spouse's employer have a City contract? ✓ Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? * I"J Restaurant Industry Jnsh Richline Pane 3 of 5 Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? * 17 Property Owner 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 1 seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. 17 I Agree Josh Richline 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 Josh Richline Pane 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Feb 22, 2019 Application for a City Board, Commission, Committee or Corporation Profile Mrs Cheryl Prefix First Name Email Address 901 N Upper Broadway Street Address Corpus Christi City.. _.. _ _... What district do you live in? * W District 1 Current resident of the city? c- Yes r No 23 If yes, how many years? Mobile: (361) 728-7041 Primary Phone A Votzmeyer Middle Initial Last Name Mobile: (361) 728-7041 Alternate Phone K Space Contemporary Education Director Employer Job Title 415D Starr Street Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78401 Work Address - Zip Code 361-887-6834 Work Phone arteducation@kspacecontemporary.org Work E-mail address #701 Suite or Apt TX State 78401 Postal Code Mrs Cheryl A Votzmeyer Page 1 of 5 Preferred Mailing Address p Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted Interests & Experiences Are you a registered voter? rz 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 Corpus Christi - Bachelor of Fine Arts/Minor Art History, K Space Contemporary - Education Director 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 would like to express my interest in becoming a Board Member with the Corpus Christi Downtown Management District. I am an active community member residing and working in Downtown Corpus Christi and fully believe in the mission of the Downtown Management District. I would like the chance to give back by providing my advisory skills and experience to help the Downtown Management District reach its objectives. Along with being a professional artist I am also the Education Director of K Space Contemporary, a 501(c) 3 non-profit organization, which focuses on art education and bringing the contemporary arts to the Corpus Christi area. In this position I have built relationships with other non-profit organizations and business owners who are making a positive impact in our community. Further, I continue to seek out and cultivate opportunities to build upon what our beautiful city has to offer. I have leadership experience and have held the position of Secretary of Equine Sharing Program, Corpus Christi, Texas and currently sit on the Board of Directors as Secretary/Treasurer for The Atlantic Lofts Association of Homeowners, Corpus Christi, Texas. I understand the importance of team work and forward thinking vision which is imperative for organizations to grow. With this background and knowledge I believe I would serve as an excellent adviser and Board Member to your organization. I am confident you will find me a good fit for your needs as a Board Member to the Corpus Christi Downtown Management District. Upload a Resume Mrs Cheryl A Votzmeyer Page 2 of 5 Are you an ex -Officio member of a City Board, commission or committee? ✓ Yes r No Demographics Gender p 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 7 No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes o•No Does your employer or your spouse's employer have a City contract? ✓ Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes rNo 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. Board -specific questions (if applicable) Mrs Cheryl A Votzmeyer Page 3 of 5 Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? * W Property Owner 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 Mrs Cheryl A Votzmeyer Page 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. Pr I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. p I Agree Mrs Cheryl A Votzmeyer Page 5 of 5 CHERYL VOTZMEYER 901 N Upper Broadway, 701 ♦ Corpus Christi, TX 78401 Phone: (361) 728-7041 ♦ Email: Dedicated and motivated professional with a strong desire to secure a rewarding position on the Board of Directors for the Corpus Christi Downtown Management District providing advisory skills and experience to help the Downtown Management District reach its objectives. • Program Development • Project Coordination • Strategic Planning • Resource Management AREAS OF EXPERTISE • Murals & Exhibits • Customer Service • Decorative Painting • Community Outreach • Interior/Exterior Design • Public Relations • Art Education • Grant Writing EDUCATION Texas A&M University - Corpus Christi, TX Bachelor of Fine Arts (BFA) - Art • Minor: Art History • Magna Cum Laude • Dean's List (2011-2014) • Liberal Arts Scholarship (2011-2014) • Golden Key International Honour Society PROFESSIONAL EXPERIENCE 2014 GPA=3.75 K Space Contemporary - Corpus Christi, TX 2014 -Present Education Director Responsible for the management, implementation and continued development of comprehensive arts education program that involves all ages and backgrounds in learning about and through the arts. Current Art Education and Outreach Program include: Youth Summer Mural Arts Camp, Artist for a Day at Corpus Christi Independent Schools District, Kids Pallet at The Purple Door shelter, Secret Code to Cursive at La Retama Central Library, Art in the Garden at GROW Local South Texas and Senior Arts Outreach at Corpus Christi Senior Recreation Centers. Additionally, maintains and grows relationships with resident companies, schools, and existing community partners while seeking out opportunities to reach new audiences. Green Frog & Co. - Corpus Christi, TX 2001- 2011 Owner/Artist Operated a premier decorative painting and mural design company serving customers across Corpus Christi and the surrounding areas. Developed business plan, implemented successful marketing strategies and oversaw all administrative and financial functions to ensure positive growth. Worked collaboratively with interior designers from upscale furniture and accessory stores to customize artistic projects on a case-by-case basis. Interacted extensively with clients and upheld quality customer service standards. Personally applied chosen faux finishes and murals to commercial and residential spaces. Artwork featured in local public spaces including Hudat Noodle House, Office of Dr. Ernesto Lira, MD, Sushi Bar on North Padre Island, Corpus Christi Chiropractic and Associates, Inc. and selected model homes of Hogan Homes, Inc.. RELATED EXPERIENCE/VOLUNTEER WORK Grant Review Panelist, Texas Commission on the Arts 2017, 2018 Juror, 6th Biennial Social Justice Forum: Constitution Day Poster Contest, Progressive & 2017 Cultural Studies, Corpus Christi, Texas Live Art Demonstration, Arts Alive!, Art Center of Corpus Christi, Texas 2016 CHERYL VOTZMEYER - PAGE 2 ACTIVITIES & AFFILIATIONS Board of Directors, Secretary/Treasurer, Atlantic Lofts Association of Home Owners 2017 -Present Student Art Association, TAMUCC 2012-2014 Night at the Museum, Art Museum of South Texas, Co -Chairperson 2012 United Methodist Annual Conference, Delegate/Asbury UMC 2008, 2009, 2012 PTA Reflections Program 2011/Windsor Park Elementary, Judge 2011 Equine Sharing Program, Inc., Secretary 2006, 2007 Glenoak Therapeutic Riding Center, Volunteer 2003-2006 Celebrate Recovery, Leadership Team , Asbury UMC 2005 - Present South Texas Franklin Graham Festival, Women's Division Chairperson 2005 Women's Connection Ministry/Asbury United Methodist Church, Ministry Leader 2001 - 2003 Church Lay Leader, Asbury United Methodist Church 2001, 2002 Women's Rally 2003/Asbury United Methodist Church, Director and Liaison 2003 Home Team /Asbury United Methodist Church, Leader 2002, 2003 Parent Teacher Association Flour Bluff I.S.D., Secretary 2000 - 2003 Coastal Bend Emmaus Community, Lay Director 2009 Coastal Bend Emmaus Community, Team Member 1999 - 2009 Asbury United Methodist Church, Member 1998 - Present ASSOCIATE MEMBERSHIPS Metropolitan Museum of Art, New York City Texas Women for the Arts, Austin, Texas Vignette, Dallas, Texas K Space Contemporary Student Art Association, TAMUCC Art Museum of South Texas Art Center of Corpus Christi FEATURED PUBLICATIONS 2017 - Present 2017 - Present 2017 - Present 2011 - Present 2011 - 2014 2003 -Present 2000 - Present Faux Paint Adds Texture and Style - Corpus Christi Caller Times 2/2006 Holiday For Hosting - Corpus Christi Caller Times 11/2005 Mural Fixed by Act of Faith - Corpus Christi Caller Times 3/2004 Artist Currently Shopping for Shades of Red - Corpus Christi Caller Times 2/2004 SOLO EXHIBITIONS Super Power: The Female Genome, Noel McArdy Gallery, Corpus Christi, Texas 2018 She Speaks Wittigs Office Interiors, Corpus Christi, Texas 2018 Line and Curve: Deconstruction of the Human Form, Art Star Gallery, Corpus Christi, Texas 2015 Ocean Meets Desert Coffee Waves, Port Aransas, Texas 2012 The Escapades of Two Traveling Pigeons in Love 517 a Cafe, Corpus Christi, Texas 2011 The Escapades of Two Traveling Pigeons in Love Nuevo Cafe, Corpus Christi, Texas 2011 Gravity Interrupted, 517 a Cafe, Corpus Christi, Texas 2009 Dead Tree Rising, Nuevo Cafe, Corpus Christi, Texas 2008 PUBLIC ARTWORKS Loteria! Mural, Group Project, 619 N. Chaparral St., Corpus Christi, Texas 2014 - Present Hair Gigantic, Mural, Sushi Bar on the Island(now closed), Corpus Christi, Texas 2007 Shades of Vietnam (series of 4 paintings), Hu -Dat Noodle House 2, Calallen, Texas, 2007 - Present Hello Vietnam (series of 7 paintings), Hu -Dat Noodle House, Corpus Christi, Texas 2005 - Present Desert to Rain Forest, Mural, Pediatrics Inc., Dr. Ernesto Lira, Corpus Chsiti, Texas, 2000 - 2007 ONGOING EXHIBITIONS Encaustic Art Institute, Santa Fe, New Mexico 2017 - Present CHERYL VOTZMEYER - PAGE 3 SELECTED GROUP EXHIBITIONS La Merienda, Coastal Cotillion, Islander Gallery, Corpus Christi, Texas 2019 K Space Holiday Extravaganza, Schaudies Gallery, Corpus Christi, Texass 2018 Chicas Bonitas, La Retama Central Library, Corpus Christi, Texas 2018 K Space in the House Remix, Galvan House, Corpus Christi, Texas 2018 K Space (CCTX) in the House Presa House, San Antonio, Texas 2018 La Merienda, Coastal Cotillion, Islander Gallery, Corpus Christi, Texas 2018 Love & Chocolate, Art Gallery 333, Corpus Christi, Texas 2018 Dia de Los Muertos, Altar Installation, Tejano Civil Right Museum, Corpus Christi, Texas 2017 Chicas Bonitas La Retama Central Library, Corpus Christi, Texas 2017 La Merienda Coastal Cotillion, Islander Gallery, Corpus Christi, Texas 2017 La Merienda Coastal Cotillion, Islander Gallery, Corpus Christi, Texas 2016 45th Annual Dimensions Juried Show, Art Center Corpus Christi, Corpus Christi, Texas 2016 La Merienda Coastal Cotillion, Islander Galelry, Corpus Christi, Texas 2015 44th Annual Dimensions Juried Show, Art Center Corpus Christi, Texas, Hon. Mention 2015 K Space Contemporary Group Exhibition Simon Michael Gallery, Coastal Bend College, 2015 Beeville, Texas Versantium, Bachelor of Fine Art Exhibition, K Space Contemporary 2014 Tartu Kunstimaja , Tartu Art House, Tartu, Estonia 2014 40th Annual Student Art Exhibition, TAMUCC Islander Gallery, Corpus Christi, Texas 2014 2nd Place La Merienda, Coastal Catillion, Islander Gallery, Corpus Christi, Texas 2014 Rising Eyes of Texas, Rockport Center for the Arts, Rockport, Texas 2014 Presidents Council Student Art Exhibition, Art Museum of South Texas, Corpus Christi, TX 2013 Spectacular Salon, K Space Contemporary, Corpus Christi, Texas 2013 Presidents Council Student Art Exhibition Art Museum of South Texas, Corpus Christi, TX 2012 39th Annual All Membership Show, Art Center Corpus Christi, Corpus Christi, Texas 2012 39th Annual Dimensions Juried Show Art Center Corpus Christi, Corpus Christi, Texas 2011 37th Annual Student Art Exhibition Islander Gallery, Corpus Christi, Texas 2011 32nd Annual Dimensions Juried Show Art Center Corpus Christi, Corpus Christi, Texas 2004 ADDITIONAL GROUP EXHIBITIONS Start Here, Art Center Corpus Christi, Contemporary Art Month, Corpus Christi, Texas 2018 Spectacular Salon K Space Contemporary, Corpus Chisti, Texas 2017 Diversified Instruction, The Mirador, Contemporary Art Month, Corpus Christi, Texas 2017 Start Here, Art Center Corpus Christi, Contemporary Art Month, Corpus Christi, Texas 2017 Reclamation Schaudies Gallery, Corpus Christi, Texas 2017 Spectacular Salon K Space Contemporary, Corpus Christi, Texas 2016 The Magnificent 17 Schaudies Gallery, Corpus Christi, Texas 2016 Huuuge Schaudies Gallery, Corpus Christi, Texas 2016 One K Space Summer, Ben Bailey Art Gallery, Kingsville, Texas 2016 Light, Shadow, Transparency, K Space Contemporary, Corpus Christi, Texas 2016 Her, Schaudies Gallery, Corpus Christi, Texas 2016 Small Works, Studio C @ Art Center Corpus Christi, Corpus Christi, Texas 2016 Spectacular Salon K Space Contemporary, Corpus Christi, Texas 2015 Mosaicos Mexicanos K Space Contemporary, Corpus Christi, Texas 2015 Compact, Art Star Gallery, Corpus Christi, Texas 2015 All Nude K Space Contemporary, Corpus Christi, Texas 2015 Spectacular Salon K Space Contemporary, Corpus Christi, Texas 2014 100@100 - Islander Gallery, Corpus Christi, Texas 2014 Fables and Folktales of South Texas, K Space Contemporary, Corpus Christi, Texas 2014 100@100, Islander Gallery, Corpus Christi, Texas 2014 La Loteria! - K Space Contemporary, Corpus Christi, Texas 2013 100@100 - Islander Gallery, Corpus Christi, Texas 2013 Anonymous - Islander Gallery, Corpus Christi, Texas 2012 100@100 - Islander Gallery, Coprus Christi, Texas 2012 100@100 - Islander Gallery, Corpus Christi, Texas 2011 SENIOR COMPANION PROGRAM ADVISORY COMMITTEE *Three (3) vacancies with terms to 6-16-20, representing the following categories: 1- SCP Volunteer, and 2 - At -Large. (The Senior Companion Program Advisory Committee is recommending the reappointment of Christine Head (SCP Volunteer), the reinstatement of Jeannine Leal (At -Large) and the new appointment of Lidia Lopez (At -Large). Composition The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1- SCP Volunteer (active volunteer for one-year/serve minimum fifteen (15) hours per week), 1- SCP Volunteer Workstation representative (executive, director or similar leadership position at a current SCP Volunteer Station), and 5 - At - Large. All terms shall be two (2) years. Name *Christine Head Term Partial Appt. date 5/9/2017 End date 6/16/2018 Appointing Authority City Council Position Status Seeking reappointment Category SCP Volunteer Attendance 5/6 Meetings 83% (1 excused absence) **Jeannine M Leal 1 9/27/2016 6/16/2018 City Council Seeking reinstatement At -Large *Veronica Ramirez 1 3/24/2015 6/16/2018 City Council Exceeded number of absences allowed by ordinance At -Large Tami Longino 3 9/10/2013 6/16/2019 City Council Vice -Chair Active At -Large Veronica Marsello 2 3/24/2015 6/16/2019 City Council Secretary Active SCP Vol. Station Maria I Odeh 1 7/18/2017 6/16/2019 City Council Chair Active At -Large Gloria Ortiz Partial 11/14/2017 6/16/2019 City Council Active At -Large **She exceeded the number of absences allowed by ordinance for work-related reasons. She says she can now attend the meetings and is requesting reinstatement. SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Applications Name District Category Lidia Lopez District 3 At -Large Member Betsy Miller District 5 At -Large Member Mrs Sandra S Perez District 5 At -Large and SCP Volunteet Station CITY OF CORPUS CHRISTI Submit Date: Jan 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile Lidia Lopez First Name Last Name Ilopez@curohs.com Email Address 3901 CAPRI Street Address CORPUS CHRISTI City What district do you live in? * J 7 District 3 Current resident of the city? tr Yes r No 26 years If yes, how many years? Mobile: (361) 813-0488 Primary Phone Business: (361) 814-3600 Alternate Phone NEW CENTURY HOSPICE VOLUNTEER COORDINATOR Employer Job Title 4550 CORONA DRIVE Work Address - Street Address and Suite Number CORPUS CHRISTI Work Address - City TEXAS Work Address - State 78411 Work Address - Zip Code 3618143600 Work Phone Ilopez@curohs.com Work E-mail address TX State 78415 Postal Code Lidia I (meg Pane 1 of 4 Preferred Mailing Address I Work Address Which Boards would you like to apply for? SENIOR COMPANION PROGRAM ADVISORY COMMITTEE: Archived 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 Why are you interested in serving on a City board, commission or committee? to contribute to growth and future success of the organization. Are you an ex -Officio member of a City Board, commission or committee? ✓ Yes r No 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 P 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 V' No 1idia Lonez 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 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. did not answer yes to any of the questions above. Board -specific questions (if applicable) Question applies to SENIOR COMPANION PROGRAM ADVISORY COMMITTEE The Senior Companion Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? * p SCP Volunteer Workstation Representative (Executive, Director or similar leadership position at a current SCP Volunteer Station) Lidia I_onez 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. 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. 1•J 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 I_idia Lonez Page 4 of 4 CITY OF CORPUS CHRISTI Submit Date: Mar 14, 2019 Application for a City Board, Commission, Committee or Corporation Profile Betsy Miller First Name Last Name betsy@rivercityhomecare.com Email Address 6921 Meadowbreeze Parkway Street Address Corpus Christi City What district do you live in? * 7 District 5 Current resident of the city? r:Yes rNo 4 If yes, how many years? Home: (361) 563-0589 Primary Phone Business: (361) 765-5100 Alternate Phone River City Home Care Assistant Vice President Employer Job Title 5262 S Staples #215 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78411 Work Address - Zip Code 361-452-2323 Work Phone betsy@rivercityhomecare.com Work E-mail address TX State 78414 Postal Code Betsy Miller Page 1 of 5 Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? SENIOR COMPANION PROGRAM 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 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? We work with Seniors in our community and would love to reach out and help more! Are you an ex -Officio member of a City Board, commission or committee? ✓ Yes No 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? ✓ Yes 6' No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r' No Betsy Miller Page 2 of 5 Does your employer or your spouse's employer have a City contract? C 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 rz 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 No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. NO Board -specific questions (if applicable) Question applies to SENIOR COMPANION PROGRAM ADVISORY COMMITTEE The Senior Companion Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? * rJ None of the above Betsy Miller 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. Fi 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. fJ I Agree Betsy Miller Page 4 of 5 Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. J I Agree Betsy Miller Page 5 of 5 CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Submit Date: Mar 12, 2019 Profile Mrs Sandra Prefix First Name Email Address 7026 Copper Mountain Dr Street Address Corpus Christi City What district do you live in? * l District 5 Current resident of the city? r: Yes r No 2 If yes, how many years? S Perez Middle Initial Last Name Mobile: (956) 659-7115 Mobile: (956) 659-7115 Primary Phone Alternate Phone Save Home Health Patient Coordinator Employer Job Title 719 N Upper Broadway Ste 100 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78401 Work Address - Zip Code 361-855-9393 Work Phone Work E-mail address Mrs Sandra S Perez TX State 78413 Postal Code Pane 1 of 5 Preferred Mailing Address 7 Home/Primary Address Which Boards would you like to apply for? SENIOR COMPANION PROGRAM 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: None Education, Professional and/or Community Activity (Present) None Why are you interested in serving on a City board, commission or committee? Because I am interested in the mental and physical health of the Corpus Christi elderly. Are you an ex -Officio member of a City Board, commission or committee? ✓ Yes r• No Demographics Gender I•J Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes c•° No Mrs Sandra S Perez 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. None Board -specific questions (if applicable) Question applies to SENIOR COMPANION PROGRAM ADVISORY COMMITTEE The Senior Companion Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? * pt None of the above Mrs Sandra S Perez 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 Mrs Sandra S Perez 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. V I Agree Mrs Sandra S Perez Pane 5 of 5 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 26, 2019 Action Item for the City Council Meeting April 9, 2019 DATE: March 26, 2019 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management jimd@cctexas.com (361) 826-1909 Mike Markle, Police Chief M ikeMa(a�cctexas.com 361-886-2601 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2cctexas.com (361) 826-3169 Purchase of Vehicles for Police Department CAPTION: Motion authorizing the purchase of two Ford F-150 crew cab trucks from Silsbee Ford Inc. of Silsbee, Texas for a total amount not to exceed $62,736.10. PURPOSE: This item is to approve the purchase of the two vehicles for the Police Department. BACKGROUND AND FINDINGS: The Auto Theft Task Force grant has program income for the purchase of two 2019 Ford F-150 trucks. These will replace one truck with mileage 121,506 which will be auctioned and the other will remain in service with the Police Department. The grant collects program income from the trailer inspections conducted by the grant officers. The new trucks provide the grant officers with transportation in the course of their duties and conducting investigations. Utilization of the GoodBuy cooperative provides competitive pricing for the City through competitive procurements that are in compliance with Texas local and state procurement requirements. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $62,736.10 $0.00 $62,736.10 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $62,736.10 $0.00 $62,736.10 BALANCE $0.00 $0.00 $0.00 Fund(s): Police Grants Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price List CITY OF CORPUS CHRISTI PURCHASING DIVISION SR. BUYER: JOHN ELIZONDO PRICE SHEET Vehicles for PD Auto Theft Division GoodBuy Contract No. 19-8F000 Silsbee Ford Silsbee, Texas ITEM DESCRIPTION UNIT UNIT PRICE EXTENDED PRICE 1 2019 Ford F-150 Crew Cab Trucks, 3.3L V6 2 $31,218.05 $62,436.10 2 GoodBuy Administrative Fee 1 $300.00 $300.00 Total Price $62,736.10 Grand Total for 2 Vehicles $62,736.10 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 26, 2019 Action Item for the City Council Meeting of April 09, 2019 DATE: March 26, 2019 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1874 Kim Baker, Assistant Director of Financial Services- Purchasing Division Kimb2 a(�cctexas.com (361) 826-3169 Fire Extinguishers Annual Maintenance and Inspection for Asset Management Department CAPTION: Resolution rejecting the apparent low bid of Cintas Corporation and the apparent second low bid of Draco Fire and Safety, LLC as non-responsive and authorizing a five-year service agreement for fire extinguishers annual maintenance and inspection with IFS Fire and Safety Inc., of Corpus Christi, Texas, as the lowest responsive bidder, for an amount not to exceed $153,175.50. PURPOSE: The service will provide fire extinguishers annual maintenance and inspection services in various City owned facilities for the Asset Management Department. BACKGROUND AND FINDINGS: The City of Corpus Christi Asset Management Department is responsible for the inspection, testing, and repair of the fire extinguisher and fire suppression devices located in various City owned facilities on an annual basis. The specialized certification required to perform this duty, coupled with the large scope entailed to perform this operation would exceed the service capacity present within the department. The scale of the operation and expertise required to perform this duty necessitates having an experienced agency which can service the full fire extinguisher and suppression devices requirements. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids and two non-responsive and staff is recommending the award to the lowest, responsive, responsible bidder, IFS Fire and Safety 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: Asset Management FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $517,621.41 $137,857.95 $655,479.36 Encumbered / Expended Amount $455,291.52 $0.00 $455,291.52 This item $15,317.55 $137,857.95 $153,175.50 BALANCE $47,012.34 $0.00 $47,012.34 Fund(s): Facility and Property Management — 5115-40310-19 Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation Page 1 of 2 Resolution rejecting the apparent low bid of Cintas Corporation and the apparent second low bid of Draco Fire and Safety, LLC as non- responsive and authorizing a five-year service agreement for fire extinguishers annual maintenance and inspection with IFS Fire and Safety Inc., of Corpus Christi, Texas, as the lowest responsive bidder, for an amount not to exceed $153,175.50. WHEREAS, the City solicited bids through Request for Bids No. 1886 ("RFB 1886") for a five-year service agreement for annual maintenance and inspection of fire extinguishers; and WHEREAS, the apparent low bidder on RFB 1886, Cintas Corporation, failed to provide the required documentation of certification to provide this service as part of the bid; and WHEREAS, the apparent second low bidder on RFB 1886, Draco Fire and Safety, LLC, failed to meet the minimum requirements of the bid in that the company did not show that it had the required minimum years of experience for the service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The apparent low bids submitted by Cintas Corporation and Draco Fire and Safety, LLC, are rejected as non-responsive. SECTION 2. The City Manager or designee is authorized to execute a five-year service agreement for fire extinguishers annual maintenance and inspection with IFS Fire and Safety Inc., of Corpus Christi, Texas, as the lowest responsive bidder, for an amount not to exceed $153,175.50. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of , 2019. 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 Page 2 of 2 City of Corpus Christi Purchasing Division BUYER : JAPAN SHAH Bid Tabulation RFB 1886 Fire Extinguishers Annual Maintenance and Inspection Asset Management Cintas * San Antonio,TX Draco ** Corpus Christi, TX IFS Corpus Christi, TX A & C Fire Equipment, Corpus Christi, TX Item Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Type - Dry Chemical 1.1 Annual Maintenance and Inspection - 51b, 10Ib, 151b, 201b EA 2450- 7.00 17,150.00 6.50 15,925.00 1.2 Recharge 51b EA 200- 14.50 2,900.00 18.50 3,700.00 1.3 Recharge 10Ib EA 200- 19.50 3,900.00 28.50 5,700.00 1.4 Recharge 15lb EA 100 - - - - - 1.5 Recharge 201b EA 100- 25.50 2,550.00 35.00 3,500.00 1.6 Hydrotest with Recharge 5lb EA 400- 31.50 12,600.00 33.50 13,400.00 1.7 Hydrotest with Recharge 10Ib EA 200- 36.50 7,300.00 43.50 8,700.00 1.8 Hydrotest with Recharge 20lb EA 200- 42.50 8,500.00 50.00 10,000.00 1.9 Replacement 51b EA 200- 44.35 8,870.00 55.00 11,000.00 1.1 Replacement 101b EA 100- 65.60 6,560.00 79.00 7,900.00 1.11 Replacement 201b EA 100 - 117.80 11,780.00 150.00 15,000.00 1.12 6 year maintenance 5 Ib EA 500 - 14.50 7,250.00 18.50 9,250.00 1.13 6 year maintenance 10 Ib EA 100- 19.50 1,950.00 28.50 2,850.00 1.14 6 year maintenance 20 Ib EA 200 - 25.50 5,100.00 35.00 7,000.00 2 Type - Co2 - 2.1 Annual Maintenance and Inspection - 51b, 10Ib, 151b, 201b EA 160 - 7.00 1,120.00 6.50 1,040.00 2.2 Recharge 51b EA 50 - 13.50 675.00 17.50 875.00 2.3 Recharge 10Ib EA 50 - 18.50 925.00 35.00 1,750.00 2.4 Recharge 151b EA 50 - 21.50 1,075.00 52.50 2,625.00 2.5 Recharge 201b EA 50 - 24.50 1,225.00 70.00 3,500.00 2.6 Hydrotest with Recharge 5Ib EA 50 - 31.50 1,575.00 42.00 2,100.00 2.7 Hydrotest with Recharge 10Ib EA 50 - 36.50 1,825.00 60.00 3,000.00 2.8 Hydrotest with Recharge 201b EA 50 - 42.50 2,125.00 95.00 4,750.00 2.9 Replacement 51b EA 50 - 128.31 6,415.50 265.00 13,250.00 2.1 Replacement 10Ib EA 50 - 196.57 9,828.50 305.00 15,250.00 2.11 Replacement 201b EA 50 - 263.53 13,176.50 435.00 21,750.00 3 Service fee per location, if applicable EA 180 -- 10.00 1,800.00 25.00 4,500.00 Estimated Spend Ma k Up(%) Mark Up(%) Mark Up(%) 4 Parts $15,000 0% $15,000 20% 18,000.00 $ - $ - $ 153,175.50 $ 206,315.00 ** Note Cintas is nonresponsive for failure to provide information required by RFB. Draco is nonresponsive for lack of required experience. SERVICE AGREEMENT NO. 1886 Fire Extinguishers Annual Maintenance and Inspection THIS Fire Extinguishers Annual Maintenance and Inspection Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home - rule municipal corporation ("City") and IFS Fire and Safety Inc ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Fire Extinguishers Annual Maintenance and Inspection in response to Request for Bid/Proposal No. 1886 ("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 Fire Extinguishers Annual Maintenance and Inspction ("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 60 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then - current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $153,175.50, 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: Jesse Hernandez Department : Asset Management Phone: (361)-826-1983 Email : JesseH@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 001 must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event 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: Jesse Hernandez Title: Superintendent of Operations Address: 5352 Ayers Bldg, 3A, Corpus Christi, TX 78415 Phone: (361)-826-1983 Fax: (361)-826-1989 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: IFS Fire and Safety Inc Attn: Joseph Tilton Title: Vice President Address: 4540 Southview Dr, Corpus Christi, TX 78408 Phone: (361)-289-7949 Fax: None 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties CONTRACTO Signature: Printed Name: Title: 1\41.5 Date: a 1S\ I(k CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1886 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Approved as to Legal Form October 1, 2018 Page 7 of 7 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements A. The Contractor shall provide annual maintenance and inspection to dry- chemical and Co2 type portable fire extinguishers located at various City-wide locations listed in the Scope of work. B. The Contractor shall provide labor, materials, transportation, tools, and equipment necessary to perform the services. C. The Contractor and Contract Administrator shall mutually arrange the schedule. All work shall be performed during the normal hours, Monday to Friday, 8:OOAM to 5:OOPM. 1.2 Annual Maintenance and Inspection All extinguishers shall be subject to annual maintenance and inspection not more than one year apart. Maintenance and Inspection is a thorough check of the extinguishers. Annual Maintenance and Inspection shall follow the procedure listed below plus all applicable NFPA, Federal, State, OSHA and local standards, regulations, codes and requirements. 1. Clean extinguisher to remove dirt, grease or foreign material. Check to make sure that the instruction nameplate is securely attached and legible. Inspect the cylinders for corrosion, abrasion, dents or welding damage. If any damage is found, hydrostatically test in accordance with instructions in NFPA 10. 2. Inspect the extinguisher for damaged, missing or substitute parts. Only factory replacement parts are approved for use on fire extinguishers. 3. Weigh the extinguisher and compare with weight printed in the "Maintenance" section on the nameplate (label). Recharge extinguisher if weight is not within indicated allowable tolerances. 4. Check the date of manufacture printed on the extinguisher label (nameplate) or on the agent cylinder dome. The agent cylinder must be hydrostatically tested every 12 years to the test pressure indicated on the nameplate. 5. Visually inspect the pressure gauge: If bent, damaged or improper gauge, depressurize and replace. If pressure is low, check for leaks. If over pressurized (overcharged), depressurize the extinguisher and follow recharge instructions. 6. Check ring pin for freedom of movement. Replace if bent or if removal appears difficult. 7. Inspect discharge lever for any dirt or corrosion which might impair freedom of movement. Inspect carrying handle for proper installation. If lever, handle or rivets are damaged replace with proper part(s). 8. Install new tamper seal if broken and record service data on the extinguisher inspection tag. Page 1 of 4 9. Remove nozzle or hose and horn assembly and visually inspect inside valve body. (Chemical in the valve body may indicate that the extinguisher has been partially discharged and should therefore be recharged). Inspect nozzle or the hose and horn assembly for damage - replace as necessary. Blow air through nozzle or hose and horn to insure passage is clear of foreign material. 10. Inspect the valve assembly for corrosion or damage to hose thread connection. Replace valve assembly or component parts as necessary following the proper depressurization and recharge procedures. If valve removal is necessary, complete all steps in the Recharge Procedure. 11. Replace the extinguisher on the wall hanger or in the vehicle bracket making sure that it fits the bracket properly and the bracket is securely attached - replace the bracket if necessary. 12. The Contractor shall obtain prior approval from Contract Administrator, if any repairs or recharge is required. 13. The Contractor shall contact contract administrator if the cost estimate for the repair/replace is more than the replacement. Based on the repair and recharge versus the replacement cost submitted at the time of the service, the City elect to purchase a fire extinguisher. 1.3 Six-year Maintenance Every 6 -years, stored pressure dry chemical extinguishers shall be emptied and shall be subject to the applicable maintenance procedures. At the time of this maintenance, NFPA approved identification collar indicating the inspector and the month and year the maintenance check was performed shall be securely attached to the extinguisher. 1.4 Hydrostatic Testing All hydrostatic testing shall be performed in accordance with NFPA, Federal, State and local codes and standards. Hydrostatic testing shall be done every 12 years for the dry chemical type extinguishers and every 5 years for the CO2 type extinguishers. 1.5 Replacement and Disposal 1. Contractor shall contact the Contract Administrator before replacing new fire extinguishers. Contractor shall provide justification for requested replacement to the Contract Administrator 2. Contractor shall be responsible for the disposal of the old unit. 3. Contractor shall replace same brand, or any brand follows all applicable codes and requirement. 1.6 Service Personnel 1. Maintenance, Inspection, refills, tests, repair etc. shall be done by a properly licensed and certified technician as per NFPA, Federal, State and Local codes and regulations. 2. The Contractor shall assure that crew is fully and properly equipped to perform services promptly and safely without delay. All personnel assigned to the service agreement shall wear a uniform, including safety equipment and any company issued photo identification. Page 2 of 4 1.7 Reports 1. Contractor shall submit a report after each annual maintenance and inspection to the Contract Administrator. Report shall state a number of annual fire extinguisher maintenance, Six-year maintenance, Hydrotest, Recharge and Repairs. 2. The Contractor shall keep record and track all the maintenance on its own database and shall notify the City three weeks prior to expiration testing date for the following year. 1.8 Invoicing and Payment 1. The Contractor shall submit the invoice after the annual services are performed. Invoice shall include 1) Work description, Location and date of maintenance 2) List of Materials that were replaced. 2. Original copy of the invoice should be sent to the Accounts Payable with a copy to the Contract Administrator. 3. Approval for payment shall be authorized by the Contract Administrator. 1.9 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.10 Work Locations The Contractor shall perform Fire extinguisher annual maintenance to the following locations Department Address City Hall 1201 Leopard St Corpus Christi TX 78401 Health Department 1702 Horne Rd Corpus Christi TX 78416 Health Department -WIC 1702 Horne Rd Corpus Christi TX 78416 Police Department 321 John Sartain St, Corpus Christi, TX 78401 Animal Control 2626 Holly Rd, Corpus Christi, TX 78413 Frost Bank 2402 Leopard St, Corpus Christi, TX Facility Maintenance Building 5352 Ayers, Corpus Christi, TX 78415 CCPD Training Center 4510 Corona Dr., Corpus Christi, TX, 78411 Public Safety PD Building B 1501 Holly., Corpus Christi, TX, 78417 Professional Standards 5805 Williams Dr., Corpus Christi, TX, 78412 Property Warehouse 1502 S Brownlee Blvd., Corpus Christi, TX, 78404 Vehicle Impound Lot 5485 Greenwood Dr., Corpus Christi, TX, 78417 Page 3 of 4 Taxi & Parking & DPO/CRU 805 Comanche St., Corpus Christi, TX, 78401 Calallen Substation 1925 Tuloso Rd., Corpus Christi, TX, 78409 Flour Bluff Substation 1456 Waldron Rd., Corpus Christi, TX, 78418 The Shooting Range 9600 Hearns Ferry Rd., Corpus Christi, TX, 78370 Police Fleet Building 5352 Ayers St. Building #5, Corpus Christi, TX, 78415 All Fire Department locations Page 4 of 4 Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI PURCHASING DIVISION Revised BID FORM 10/26/2018 RFB No. 1886 Fire Extinguishers Annual Maintenance and Inspection Date: LO Ara - I EAre Authorized Bidder: IVB 1~Vike x �� T.vC Signature: PAGE 1 OF 2 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. in submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY for 5 years Unit Price Total Price 1 Type - Dry Chemical 1.1 Annual Maintenance and Inspection - 51b, 10Ib, 151b, 201b EA 2450 17-.66 (ft U'O. od 1.2 Recharge 5 Ib. EA 200 iEJ 4 j _j-9 06.e6 3gooA 1.3 Recharge 10 Ib. EA 200 (7x0 _. • 1.4 Recharge 15 Ib. EA 100 �.. 1.5 Recharge 20 Ib. EA 100 9 t-6 2-4PfeS , at 1.6 Hydrotest with Recharge 51b EA 400 5f ,np (2 (000•4o 1.7 Hydrotest with Recharge 101b EA 200 U,-(6 ..3 od co 1.8 Hydrotest with Recharge 201b EA 200 q 2_0) g, -6d .0 0 1.9 Replacement 51b EA 200 4q. 3( g g 7- O ,0( 1.10 Replacement 10Ib EA 100 6( C b 6=r6d 1.11 Replacement 20Ib EA 100 i 1 ., ft, i r q-ga a 6 1.12 6 -year Maintenance - 51b EA 500 i .(_6 11 to GUS 1.13 6 -year Maintenance - 10Ib EA 100 { q X b m"6,4:16 1.14 6 -year Maintenance - 201b EA 200 'LL() S (ob .64 2 Type-Co2 2.1 Annual Maintenance and inspection - 51b, 10Ib, 151b, 20Ib EA 160 Q,645 1( lb _da 2.2 Recharge 5 lb. EA 50 1..„-a (713-.06 2.3 Recharge 10 Ib. EA 50 (g , q2.416-6 2.4 Recharge 15 Ib. EA 50 2 i. ra (63'5.16 2.5 Recharge 20 lb. EA 50 2.q.. (2) mea" 2.6 Hydrotest with Recharge 51b EA 50 , 51 fp 1(-1-S. UO 2.7 Hydrotest with Recharge 10Ib EA 50 'S4 , 0 { g�S.d6 2.8 Hydrotest with Recharge 20Ib EA 50 y Z. CO 2_,t i.C. a a 2.9 Replacement 5Ib EA 50 (.2 -?,S( G 4 ,(%c), 2.10 Replacement 10Ib EA 50 NC ,fir 4 Q• g,,1,(d 2.11 Replacement 201b EA 50 2-63 .5'3 1. (-4.c Lf' 3 Service fee per location, if applicable EA 180 10-06 { eQG.4C1 Estimated Spend Mark up (%) 4 Parts $15,000 /.1606.4d Total .i Note: 1. Mark up Total = (Estimated spend *Markup %) + Estimated Spend. 2. Service fee, if applicable, will be paid per location visit not on each fire extinguisher service. ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be 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 Page 1 of 3 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in Page 2 of 3 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 Fire Extinguisher Inspections, Maintenance and Service 04/11/2018 cg Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS The Contractor shall provide one-year warranty on repairs and one-year warranty or manufacturer warranty on fire extinguishers and parts. Page 1 of 1 AGENDA MEMORANDUM Future Item for the City Council Meeting 3/26/2019 Action Item for the City Council Meeting 4/9/2019 DATE: March 21, 2019 TO: Keith Selman, Interim City Manager FROM: Esther Velazquez, Assistant to the City Manager EstherVcctexas.com 361.826.3093 American Bank Center Advisory Council CAPTION: Motion appointing Council Member Everett Roy to the American Bank Center's Advisory Council. PURPOSE: Develop an Advisory Council comprised of five to ten American Bank Center stakeholders who meet regularly during the year to review event processes, new ideas, creative sales promotion ideas and receive customer -driven input for convention sales and services departments. BACKGROUND AND FINDINGS: As part of the RFP process for extending its management agreement of the American Bank Center, SMG committed to creating a Client Advisory Council consisting of American Bank Center stakeholders. SMG has comprised a list to include tenants, local universities, and City of Corpus Christi representatives. Included on this list is representation from the City Council. A similar item came before the Corpus Christi Business and Job Development Corporation at their regular meeting on February 18, 2019. Mr. Robert Tamez was selected as the Type A Board representative. OTHER CONSIDERATIONS: Council may choose not to have a representative on this advisory council. CONFORMITY TO CITY POLICY: Yes EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: City Manager's Office Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: N/A LIST OF SUPPORTING DOCUMENTS: Proposed List of Stakeholders AmericanBankCENTER arena 1 convention center 1 selena auditorium ADVISORY COUNCIL PROPOSAL CREATION OF CLIENT ADVISORY COUNCIL Develop a council of 5-10 existing and loyal American Bank Center customers who meet regularly throughout the year to review event processes, new ideas from our venue departments, creative sales promotion ideas and receive customer -driven input for our convention sales and services departments. Stakeholders 1. City of Corpus Christi 2. Corpus Christi Convention and Visitors Bureau 3. Corpus Christi Downtown Management District 4. American Bank 5. Texas A&M University Corpus Christi 6. Del Mar College 7. Ice Rays 8. Buccaneer Commission 9. Corpus Christi Ballet 10. United Corpus Christi Chamber of Commerce 11. Type A Representative 12. City Council Representative AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 26, 2019 Second Reading for the City Council Meeting of April 9, 2019 DATE: March 1, 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 3502 County Road 7B CAPTION: Case No. 0219-03 Mostaghasi Investment Trust: Request for rezoning property at or near 3502 County Road 7B from the "FR" Farm Rural District and the "CG -2" General Commercial District to the "RS -6" Single -Family 6 District. PURPOSE: The purpose of this item is to allow for the construction of single-family homes. RECOMMENDATION: Planning Commission and Staff Recommendation (February 20, 2019): Approval of the change of zoning from the "FR" Farm Rural District and the "CG -2" General Commercial District to the "RS -6" Single -Family 6 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 Southside Area Development Plan and is planned for single-family residential uses. The proposed rezoning to the "RS -6" Single -Family 6 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 lip Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0219-03 Mostaghasi Investment Trust: Ordinance rezoning property at or near 3502 County Road 7B from the "FR" Farm Rural District and the "CG -2" General Commercial District to the "RS -6" Single -Family 6 District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Mostaghasi Investment Trust ("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, February 20, 2019, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural District and the "CG -2" General Commercial District to the "RS -6" Single - Family 6 District and on Tuesday, March 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 Mostaghasi Investment Trust ("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 24.750 acre tract of land, recorded under document No. 2014022918, Official Public Records Nueces County, Texas, being a portion out of Lots 20 and 21, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, as shown by map or plat thereof recorded in Volume A, Pages 41, 42, and 43 in the Map Records Nueces County, Texas, and being all of a 11.640 acre tract of land, recorded under document No. 013053250, Official Public Records of Nueces County, Texas, being a portion out of Lots 20 and 21; Lots 26 and 27, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, as shown by map or plat thereof recorded in Volume A, Pages 41, 42, and 43 in the Map Records of Nueces County, Texas, located on the east side of County Road 7B, south of Brooke Road, and north of Slough Road (the "Property"), from the "FR" Farm Rural District and the "CG -2" General Commercial District to the "RS -6" Single -Family 6 District (Zoning Map No. 041031), 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\0219-03 Mostaghasi Investment Trust (Ct Rd 7B)\Council Documents\Ordinance_0219-03 Mostaghasi Investment Trust.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 ARTt.RO MEDINA.RPI-.S. Exhibit A AM LAND SURVEYING P.O. Boz 71094 Corpu: Christi, TX 78467 PHONE i 3611 333-6317 FIRM REGISTRATION * 10194360 Field Note Description October 15, 2018 Being all of a 4.750 acre tract of land. recorded under document No. 20140M1118, Official Public Records Nueces County. Texas. being a portion out of Las 20 and 21, Section 28. Flour Bluff and Encina) Farm and Garden Tracts, as shown by map or plat thereof recorded in Volare A, Pages 41, 42, and 43 in the Map Records Nueoes County. Texas. and being all of a 11.640 acre tray of land, recorded under document No. 2013053250, Official Public Records of Nueoes County, Texas, being a portion our of Lots 20 and 21; Las 28 and 27, Section 26. Flour Bluff and Encinal Farrn and Garden Tracts, as shown by map or plat thereof recorded in Volume A. Pages 41.42. and 43 in the Map Records of Nueces County, Texas and being more paricularty described by metes and bounds as follows: BEGINNING ata 5'B inch iron rod with a red plasic cap marking 'RVE' found in the common boundary line of Lot 25 and Lot 26, Section 26, Flour Bluff and Encina) Farm and Garden Tracts. beng the east most comer of Lot 7. Block 4, LEGENDS OF DIAMANTE UNIT 1. as shown by map or plat thereof recorded in Volume 66. Page 95. in the Map Records of Nueces County. Texas. said point beng the southwest most comer of this tract THENCE North 61`14'37" West with the northeas boundary line of LEGENDS OF DIAMANTE UNIT 1, a passing distance of 608.04 feet to a found 518 inch iron rod with a red plastic cap marking "RVE', being the north most corner of Lot 11, Block 2, LEGENDS OF DIAMANTE UNIT 1. a passing distance of 972.01 feet to a found 5/8 inch iron rod with a red plastic cap marking 'RVE". being the east mos comer of Lot 28, Block 5. LEGENDS OF DIAMANTE UNIT 2, as shown by map or plat thereof recorded in Volume 67, Fage 322, in the Map Records of Nueces County, Texas. a total distance of 1320.10 feet to a ais inch iron rod found in the common boundary line of Lot 27 and Lot 28, Section 26, Four Bluff and Encinal Farm and Garden Tracts. being the west comer of this tract: THENCE North 28°45'23" East wrh the common boundary line of Lots 27. 28 and Lots 19, 20, Section 28. Flour Bluff and Encinal Farrn and Garden Tracts, and parallel with a 3C foot Right -Of -Way Easement recorded in Volume 1546. Page 948, Deed Records Nueces County, Texas, a distance of 384.13 feet to a 5:8 inch iron rod set with a green plastic cap marking -AM LAND SURVEYING", being the west most comer of a 8 C acre tract of land recorded under documerx No. 942299. Official Public Records Nueces County. Texas. said point be an exterior comer of this tract THENCE South 81`14'37 East with the southwes boundary of the 8.0 acres. a passing distance of 30.00 fee: to a 5'8 inch iron rod `ound with a yel low plastic cap marking "BASS & WELSH . being the east Right -Of -Way of the aforementioned 3C foot easement. a total distance cf 536.28 feet to a 5'8 inch iron rod found with a yellow plastic cap marking "BASS & WELSH", being the west most comer of the 4.750 acres and being an interior corner of this tract: THENCE North 28°45'23" East with the west most boundary line of the 4.750 acres, a distance of 264.03 feet to a 5,13 inch iron rod found with a yellow plastic cap marking -BASS & WELSH' being in the south boundary line of a 0.50 acre tract of land recorded under docu►nent No. 2015044451, Official Public Records of Nueces County. Texas. said pant being the north rrost comer of this trail; THENCE South 61°14'3T East a distance of 783.82 feet to a 5'8 inch iron rod found in the west boundary line of a 76.093 acre tract recorded under document No. 2013003716. Official Public Records of Nueces County. Texas, same point being in the con -mon boundary line of Lot 21 and Lot 22. Section 28. Flour Bluff and Endnal =arm and Garden Tracts, being the south most comer a C.564 acre tract of land recorded under document No. 2C-5005753. Oficial Public records of Nueces County, Texas, said point being the east most comer of this tract; THENCE South 28°45'23' West with the common boundary line of Lot 21 and Lot 22. Section 26. Flour Bluff and Eno nal Farm and Garden Tracts. same being the west boundary line of the 76.093 acres. a passing disance of 264.30 fee: to a 518 inch iron rod found, being the south most mater of the 4.750 acres, a total distance of 64:.13 feet to the POINT OF BEGINNING, forming a trail embracing 713,813 square feet (16.387 acnes I - Note: Bearings are State of Texas Lambert Grid South Zone, N.AD 1283. 1883 -Field Nicte Desc' otcr :c EXHIBIT `A' Page 2 of 2 ARTURO MEDIM REGISTERED PROt'ESSIONAL LAND SURVEYOR 6669 Page 4 of 5 Exhibit B OT 7R LOT 27 '.o~�N28.45'23'E 1384.13' 3. 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COLOR.MAS34S.' /III .4AACT a. AM COMM N®TO MON 51m1. 5.W NM offzoo +no1 "0114[4 us. am .110.1 COMMIT Mem 11116: ci al ^'Irav~N+ 1 LOT 21 LOT 22 :LOT 22, SECTION 26 Flom OU.FF ae12 DICNAL FARM 400 CMOEN TORTS 9J80A1904. -(2,4.). 4. Fe50e 41-43. 1g11.1.C.7) SOIL 411m bqC4 400/51 AM •.o+7.:104.• 01,5 If 8/01114( 42 311 .4 2.•• LO•M 0104 511 a.. 2.00.1103 BXHII3IT "A" SENO a T10T cF lam 1014E, I1 N.01Es 00.901. isms 14 111101 OF Loi 17 La :I LT >, 1112 LOT 27, 7)0.41 14.7 NO MOM nal AM .:15.2.1 PIACI! A! 5111 or INC we 11E.£:F 1EAq;m N .44u1E -a. WES 41-4). (0 14E w 4(17026 [F MCD CG4Mt.', TEM AM M12 17.14 107110.44;7 712X4MCD M 50!5 NO 111 O1 MGC 2 Of TOS OOCUE41 • ;Me ilf11'.1..1.121 10 ...TIM 1/•{1024. - aMCIAM, 311 Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0219-03 INFOR No. 19ZN1001 Planning Commission Hearing Date: February 20, 2019 Applicant & Legal Description Owner: Mostaghasi Investment Trust Applicant: Munoz Engineering, LLC. Location Address: 3502 County Road 7B Legal Description: Being 4.750 acre tract of land, recorded under document No. 2014022918, Official Public Records Nueces County, Texas, being a portion out of Lots 20 and 21, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, as shown by map or plat thereof recorded in Volume A, Pages 41, 42, and 43 in the Map Records Nueces County, Texas, and being all of a 11.640 acre tract of land, recorded under document No. 013053250, Official Public Records of Nueces County, Texas, being a portion out of Lots 20 and 21; Lots 26 and 27, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, as shown by map or plat thereof recorded in Volume A, Pages 41, 42, and 43 in the Map Records of Nueces County, Texas, located on the east side of County Road 7B, south of Brooke Road, and north of Slough Road. Zoning Request From: "FR" Farm Rural District and "CG -2" General Commercial District To: "RS -6" Single -Family 6 District Area: 4.75 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 "FR" Farm Rural and "CG -2" General Commercial Vacant Medium Density Residential North "FR" Farm Rural Vacant and Low Density Residential Medium Density Residential South "RS -6" Single -Family 6 Low Density Residential Medium Density Residential East "FR" Farm Rural Vacant Medium Density Residential West "RS -6" Single -Family 6 Vacant Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for single-family residential uses. The proposed rezoning to the "RS -6" Single -Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 041031 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 200 feet of street frontage along County Road 7B which is designated as a "01" Minor Collector Street. According to the Urban Transportation Plan, "01" Minor Collector Streets can convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume County Road 7B "01" Minor Collector 60' ROW 40' paved Not Constructed N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District and the "CG -2" General Commercial District to the "RS -6" Single -Family 6 District to allow for the construction of single-family homes. Development Plan: The subject property is 4.75 acres in size. The owner is proposing the construction of single-family homes. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District and the "CG -2" General Commercial District, consists of vacant land, and has remained undeveloped since annexation in 1995. To the north are unplatted large tract single-family homes zoned "FR" Farm Rural District. To the south is a single-family residential subdivision (Legends of Diamante Units 1 & 2, 2009) to the zoned "RS -6" Single -Family 6 District. To the east is vacant property zoned "FR" Farm Rural District. To the west is a man-made pond 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: 8 -inch C900 line located along Tanzanite Drive. Wastewater: 8 -inch PVC line located along Tanzanite Drive. Gas: 2 -inch Service Line located along Ametrine Drive. Storm Water: 48 -inch line located along Ametrine Drive. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for single-family residential uses. The proposed rezoning to the "RS -6" Single -Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: Staff Report Page 3 • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant Tots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • 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 (February 20, 2019): Approval of the change of zoning from the "FR" Farm Rural District and the "CG -2" General Commercial District to the "RS -6" Single -Family 6 District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Public Notification Number of Notices Mailed — 57 within 200 -foot notification area 5 outside notification area As of February 15, 2019: In Favor — 4 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 0.39% 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\0219-03 Mostaghasi Investment Trust (Ct Rd 7B)\PC Documents\Staff Report_0219-03 Mostaghasi Investment Trust.docx Staff Report Page 4 Cif Llai rad: 2t4 1a Araparud By VLF? LLparaeanrnrDa EZNIanrsaNX" CASE: 0219-03 ZONING & NOTICE AREA =A1-1 e.ifanlgl JI -f ...Wall.,2 - NOifanlq E ON Prcibsaional RN -Ai Nuffialq Ri ▪ 11•101.0rMai Ceeearan 010-2 INtttr..O Ceee•rolal CR -1 resod C•eearolal CR -2 lewd C•eeu.Yl Co -2 B•o•rni Commit MY q IinnnvCone•r[YI cRO oownlewn Cennorow CR -i R•wd Conn•rolal ra[ Him RO rad or bO»day IL Light NdWMN N IMayylndO Ob. POO Piminoci OM Cox Oweay Ri-10 MO..ant 10 Rig 1601 -Fa] 60 aet ac • two Fant RE -16 1 161tFa l t 1a •n41E dale Rs -TF1 TOW 611oue 0P ieaotNAerei Ru Rmostiondd+renege vale PIIR Naataolvr. Home ®I rlti P00 h1Elr 0Ones A Ara• 4 Omen4606510 V Ovnes weed onne; rib X 1.3 �!e, (LOCATION MAP( Staff Report Page 5 Printed Name: C/10111 CLAW, - Address: J Ali— �' 2 ��ti Gf. City/State: U� s C�YSV G (N/IN FAVOR ( ) IN OPPOSITION Phone: 6' 1 ' 15 3 - S j REASON: Signature 2 SEE MAP ON REVER SIQE INFOR Case No.: 19Z 001 -' Property Owner ID: 11 Case No. 0219-03 Project Manager: Andrew Dimas Email: andrewd2@cctexas.com Staff Report Page 6 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, que tienen la intencien de asistir a esta iunta y aue reouieren servicios especiales. se les suolica oue den aviso 48 horas antes de la iunta Ilamando al departarnento de servicios de desarrollo. al numero (361) 826.3240, If you wish to address the Commission dunng the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durance la iunta v su inoles es limitado. favor de hamar al deoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta oara solicitor un Interprete ser presente durance la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0219-03 Mosteghasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District and the "CG -2" General Commercial District to the "RS -6" Single - Family 6 District. not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 3502 County Road 7B and being 4.750 acre tract of land, recorded under document No. 2014022918, Official Public Records Nueces County, Texas, being a portion out of Lots 20 and 21, Section 26, Flour Bluff and Encinal Farm and Garden Tracts. as shown by map or plat thereof recorded in Volume A, Pages 41. 42. and 43 in the Map Records Nueces County, Texas, and being all of a 11.640 acre tract of land, recorded under document No. 013053250, Official Public Records of Nueces County, Texas. being a portion out of Lots 20 and 21; Lots 26 and 27, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, as shown by map or plat thereof recorded in Volume A, Pages 41. 42, and 43 in the Map Records of Nueces County. Texas, located on the east side of County Road 7B, south of Brooke Road, and north of Slough Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, February 20, 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 a.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN 11s ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In person. by telephone call or by letter. Printed Name: PE RN i : Oc'c' NV Address: 6-510 VINEyf t OR . City/State: Cv,I .c CRZIST), rk (( IN FAVOR ( ) IN OPPOSITION REASON: rt- fE A A�t,ti4 NXOfb StLv1-100 Tu THE IAAltAsr0✓cf4 Tr1E AitEA HAS Qi -F0 Awtir'N(.signature SEE MAP ON REVERSE SIDE INFOR Case No.: 19ZNI001 Property Owner ID: 21 Phone: 3CI' 791-('riv T Case No. 0219-03 Project Manager: Andrew Dimas Email: andrewd2@cctexas.com Staff Report Page 7 Persons with disabilities planning to attend this meeting, who may require special services. are requested to contact the Development Services Department at least 48 hours in advance at 1361 } 826-3240 Personas con incapaCrdades, oue tienen la intencion de asistir a esla iunta V que reauieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Ilamando al departarnento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826.3240 at least 48 hours in advance to request an interpreter be present dunng the meeting. Sr usted desea dowse a la commission duranle la junta v Su males es limitado favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un intorprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0219-03 Mostaqhasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District and the "CG -2" General Commercial District to the "RS -6" Single - Family 6 District. not resulting in a change to the Future Land Use Map. The properly to be rezoned is described as: 3502 County Road 7B and being 4.750 acre tract of land, recorded under document No. 2014022918, Official Public Records Nucces County, Texas, being a portion out of Lots 20 and 21. Section 26, Flour Bluff and Encino) Farm and Garden Tracts, as slruwrr by map or plat thereof recorded in Volume A. Pages 41, 42. and 43 in the Map Records Nueces County, Texas, and being all of a 11.640 acre tract of land. recorded under document No. 013053250. Official Public Records of Nueces County. Texas. being a portion out of Lots 20 and 21: Lots 26 and 27, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, as shown by map or plat thereof recorded in Volume A. Pages 41, 42, and 43 in the Map Records of Nueces County. Texas, located on the east side of County Road 7B, south of Brooke Road, and north of Slough Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. Tho 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, February 20 2019 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277. CORPUS CHRISTI, TEXAS 78469- 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of thls 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 (_( ; 15 (LI A ", v'e Address: 4 I� � J �c.)/<c„ S t XIN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 19ZN 1001 Property Owner ID: 27 �� r `' , City/State: fl rt rk 1 ? i -' b ( `� //�%' Case No 0219-03 Project Manager: Andrew Dimas Email andrewd2@cctexas.com Staff Report Page 8 Persons with disabikties 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 incapacjades, gue tienen la intention de asistir a esta iunta v aue reauieren servicios esoec'ales, se les suolica aue denwiso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. II you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diri_oirse a la commission duranle la junta v su inalds es limitado, favor de hamar al Oepartamento de servicios de desarrollo al numero (361) 826.3240 al menos 48 horas antes de la junta para solralar un intenorete ser presente durante la junta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0219-03 Mostaqhasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District and the "CG -2" General Commercial District to the "RS -6" SinaIe- Family 6 District, not resulting in a change to the Future Land Use Map. Tho property to be rezoned is described as. 3502 County Road 7B and being 4.750 acre tract of land. recorded under document No. 2014022918, Official Public Records Nueces County, Texas, being a portion out of Lots 20 and 21, Section 26, Flour Bluff and Encinal Farm and Garden Trcct3, o3 Shown by map or plat thereof recorded in Volume A. Pages 41, 42, and 43 in the Map Records Nueces County, Texas, and being all of a 11.640 acre tract of land, recorded under document No. 013053250, Official Public Records of Nueces County, Texas. being a portion out of Lots 20 and 21: Lots 26 and 27, Section 26. Flour Bluff and Encinal Farm and Garden Tracts. as shown by map or plat thereof recorded in Volume A. Pages 41, 42, and 43 in the Map Records of Nueces County. Texas, located on the east side of County Road 7B, south of Brooke Road, and north of Slough Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, February 20, 2019, during ono of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277. CORPUS CHRISTI. TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shell 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: V A KY t De LA r Address:l713 L�43SC'nr frAtfkarkctCc, - iX 704.)City/State: 1Y'cfhcykr4L4 7X e (r5 c (Xl IN FAVOR ( ) IN OPPOSITION Phone: I D" '1 S7 5 Dve1 rt-4h'r W e-c.j‘5 �C-,T� ."4".`r.�.ct &r -t v-� �1 lyt brb'S l� - REASON: _ � / PP,, I �% cite 1#z 4Co-'r -- I,'/ - C L- Signature SEE MAP ON REVERSE SIDE INFOR Case No.: 19ZN1001 Property Owner ID: 52 to Case No. 0219 03 Protect Manager: Andrew Dimas Email: andrewd2@cclexas,com Staff Report Page 9 Persons with disabilities planning to attend this meeting, who may require speaal services. are requested 10 c°muct the Development Services Department at least 48 hours in advance at (361) 826 3240. Personas con incapacidaees, aue tienen la intention de asistir a esta tunta v aue reaujeren servicios esoeciales, se les suplica clue den aviso 48 t as antes de Ia •junta Ilamando al deoartamento de servicios de deserrollo al n mere (361 i 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present dunng the meeting. Sr usted desea dinairse a la commission durante la junta y su 'mks es limitado, favor de hamar al deoartamento de servicios de desarrollo al numero ;3611 P.26-3240 a' rrenos 48 horas antes de la tunta Dara solicitar yin irtterpreto ser oresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0219-03 Mostaahasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District and the "CG -2" General Commercial District to the "RS -6" Simile - Family 6 District, not resulting in a change to the Future Land Use Map. the properly to be rezoned is described as. 3502 County Road 76 and being 4.750 acre tract of land, recorded under document No, 2014022918. Official Public Records Nueces County, Texas, being a portion out of Lots 20 and 21, Section 26, Flour Bluff and Encinal Farm and Garden Tracts. as shown by map or plat thereof recorded in Volume A, Pages 41, 42, and 43 in the Map Records Nueces County. Texas. and being all of a 11.640 acre tract of land, recorded under document No. 013053250. Official Public Records of Nueces County. Texas, being a portion out of Lots 20 and 21: Lots 26 and 27, Section 26. Flour Bluff and Encinal Farm and Garden Tracts. as shown by map or plat thereof recorded in Volume A, Pages 41, 42. and 43 in the Map Records of Nueces County, Texas. located on the east side of County Road 7B, south of Brooke Road, and north of Slough Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and'or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, February 20, 2019, during one of the Planning Commission's regular meetings, which begins at 5:30 D.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 OWNERIS) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0, BOX 9277, CORPUS CHRISTI, TEXAS 78469 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By -Laws. no discussion shall be held by a member or members or this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In person. by telephone call or by letter. Printed Name. Ulna J , Me itarz� Address: Oq -1-b pat x ( i IN FAVOR l;OPPOSITION REASON: ND HLCESS Rtyid &A:11 AwdeRo6a -! SEE MAP ON REVERSE SIDE INFOR Case No.: 1 9Z 1001 Property Owner ID: 28 • Signature CIty.State: ��-�115171-[�1 T- 9g" Phone: 3621- S5W-2/QSZ bea.s1 Case No. 021903 Protect Manager: Andrew Dimas Email- andrewd2Occtexas com Zoning Case #0219-03 Mostaghasi Investment Trust Rezoning for a Property at 3502 County Road 7B City Council Presentation March 26, 2019 Aerial Overview Subject Property at 3502 County Road 7B N At (c) Open StreetMapand cant LU r «s, rx Creative CommarsSfZareAlke License {CC -EY --SA? �`'•., 3 Zoning Pattern OUB ECT PROPERrf 20CA e egg 0 0 "d006 00� R2-0 200000 g0 4 Planning Commission and Staff Recommendation Approval of the "RS -6" Single -Family 6 District Public Notification 57 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Notification Area Opposed: 1 (0.39%) In Favor: 4 Lae C..", 2G:791! o,yp3.3C By :1^, Cepa ^. ,BRE of Psrs,opm s ^:5 sr•.�s UDC Requirements Buffer Yards: N/A Setbacks: Street: 25 feet Side/Rear: 5 feet Parking: 2 per dwelling unit Uses Allowed: Single -Family Homes, Home Occupations, Group Homes. Utilities Water: 8 -inch C900 Wastewater: 8 -inch PVC Gas: 2 -inch Service Line Storm Water: 48 -inch line AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 26, 2019 Second Reading for the City Council Meeting of April 9, 2019 DATE: March 1, 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 213 Kleberg Place CAPTION: Case No. 0219-04 SCCBH, LLC: Request for rezoning property at or near 213 Kleberg Place from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District. PURPOSE: The purpose of this item is to allow for the construction of a hotel. RECOMMENDATION: Planning Commission and Staff Recommendation (February 20, 2019): Approval of the change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial 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 Downtown Area Development Plan and is planned for mixed uses. The proposed rezoning to the "CR -1" Resort Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 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. 0219-04 SCCBH, LLC: Ordinance rezoning property at or near 213 Kleberg Place from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of SCCBH, LLC. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, February 20, 2019, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District and on Tuesday, March 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 SCCBH, LLC. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being 0.364 Acre Zoning Tract, being over and across a portion of Lot 88R, Block I, Corpus Beach Hotel Addition, located on the north side of Golf Place, east of Surfside Boulevard, and west of Corpus Christi Beach (Corpus Christi Bay) (the "Property"), from the "RM -AT" Multifamily AT District to the "CR - 1" Resort Commercial District (Zoning Map No. 044047), 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\0219-04 SCCBH LLC. (North Beach)\Council Documents\Ordinance_0219-04 SCCBH LLC.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 tEURBAN ENGINEERING J Exhibit A 0.364 Acre Zoning Tract STATE OF TEXAS COUNTY OF MATES Job No. 43191.08.01 January. 1.5, 2019 Fieldnotes, for a 0.364 Acre Zoning Tract. being over and across a portion of Lot 88R, Block I. Corpus Beach Hotel Addition. a map of which is recorded in Volume 69, Page 61. Map Records of Nueces County. Texas; said 0.364 Acre Zoning Tran being more fully described by metes and bounds as follows: Beginning, at a 98 Inde Iron Rud with red plastic cap stumped "URBAN ENGR CC TX" Found, on the Northeast Right -of -Way line of Golf ('lace, a public roadway (Varied width), the Northwest hntatdary Zine of North Shoreline Boulevard (Avenue A) closed to vehicular traffic by City Ordinance No 14624. for the South corner of the said Lot 888 and of this Toad. from Whence, n I Inch Iron Pipe found, bears South 3116'00" West, 10.00 Fret; Thence, Nath 58'21'09" West. with the said Northeast Right-uf•W'ay line. 199.49 Feet, to a 5/8 Inch Iron Rod with red plastic cap stantpod "URBAN ENGR CC TX" Found. on the tiuuthcast boundary Zinc of Int 98, !Oval Corpus Beach 'keel Addition, a neap of which is recorded in Volume 1. Page 51, said Map Records, for a West corner of the said Lot atilt and this bract, from Whence, a I Inch Iron Pipe Found, bears South 31°15'19" West. 10.00 Fat; Thence, North 31°15'19" East. with the common boundary Zine of the said Lot 98 and the said Lot 88R, 79.73 Feet, to a 3e4 Inch Iron Rod Found. for the East comer of the said Lot 98, an inner ell corner of the said La 88R and for the North corner of this Tract, from Whence, a 511 Inch Iran Rod Found, for a West corner of the said Lot 88R, bears North 57'35'56" West, 99.87 Fat; Thence, South 38°09'19" East, over and across the said Lot 88R. 199.97 Feet. to the said Northwest boundary line of the said North Shoreline Boulevard (Avenue A), for the East coma of this Tract, from Whence, a 5/8 inch Iron Rod Found, for die Eau comer of the said Lot 88R. hears North 31"36'00" Fast, 90.36 Feet; Thence, South 31'36'00" West, with the common boundary line dale said North Shoreline Boulevard (Avenue AI and the said I.ot 88R. 79.04 Feet, to the Point of Beginning, containing 0.364 Acres (15.155 Square Fat) of land. more or less. 0.364 Acre Tract is located within the City limits of Corpus Christi, Texas and a subdivision based on this description may ti in violation of the current City of('orpus Christi subdivision ordinance (;rid hearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983. Texas South Zone 4205. and arc bused on the North American Datum of 1983(201 1) Epoch 2010.00. Unless This Iieldnotes description, including preamble, seal mid signature. appears in its entirety. in its original form, surveyor assumes no responsibility for its accuracy. Also re/entice accompntiyang sketch otf'tract described /renin. 19hhtAN 1 N; 1 41 1191 dV Ire Janis D. Carr, R.P1._S. License No. 6458 S'Starve}ith8'd31919ta01501110E'i?&TE.S AND R01,IN1 SWNI319191101 0 HdAcrcx dac Fac 1141 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbanene.corn TBPE Flrm # 145 • TBPLS Flrm IS 10032400 FAX (361)854-6001 Page 4 of 5 Exhibit B 95!,70 ero 9t la 7i;• n 9Sr�� Y��4R yrfirsra f0041k,.../T: ",.,1( 0.�/ \ f -y1 /0, (74.); 49 /. 4 'C9 6i . y 4 l 4bafp y�� f e „qu 447:t::: 4. 4o cr 8 fh / \ / \'Si, \ 4. / / \\ \\ ? / / / / / / ./ Jd \ \\ / \\ P4� G Toi� Z m 1im 10`2 i d° / Page 5 of 5 Zoning Case #0219-04 SCCBH, LLC. Rezoning for a Property at 213 Kleberg Place City Council Presentation March 26, 2019 Aerial Overview '4 4 • A 4 ", -: % o i tiy • Subject Property at 213 Kleberg Place N C,riD :c) Opel-IS-treat:Map and cent ibutor$, Creative Commons -Share Al ire 0!, 4.2P. License r,CC-2Y-SA) 3 Zoning Pattern Planning Commission and Staff Recommendation Approval of the "CR -1" Resort Commercial District Public Notification 9 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 CR-} CR -3 Afr N 1 CG -2 SUBJECT PROPERTY ft CR- SPIg2-} } CR-} SP/82-}0 LF 00 Lea GrEa 2,,91! P;. is BY: Cepa . ,. .•�aar yr 1)9 1Qp.n0pa:9111759.9,9. UDC Requirements Buffer Yards: N/A Setbacks: Street: 20 feet Side/Rear: 0 feet Parking: 1 per room Landscaping, Screening, and Lighting Standards Uses Allowed: Multifamily, Offices, Medical, Restaurants, Retail, Bars, and Hotels. Utilities Water: 6 -inch ACP r# Wastewater: 8 -inch VCP Gas: 2 -inch Service Line Storm Water: 24 -inch Line PLANNING COMMISSION FINAL REPORT Case No. 0219-04 INFOR No. 19ZN1002 Planning Commission Hearing Date: February 20, 2019 Applicant & Legal Description Owner: SCCBH, LLC. Applicant: Urban Engineering Location Address: 213 Kleberg Place Legal Description: Being 0.364 Acre Zoning Tract, being over and across a portion of Lot 88R, Block I, Corpus Beach Hotel Addition, located on the north side of Golf Place, east of Surfside Boulevard, and west of Corpus Christi Beach (Corpus Christi Bay). Zoning Request From: "RM -AT" Multifamily AT District To: "CR -1" Resort Commercial District Area: 0.364 acres Purpose of Request: To allow for the construction of a hotel. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -AT" Multifamily AT Vacant Mixed Use North "CR -1" Resort Commercial Vacant Mixed Use South "CR -1" Resort Commercial Commercial Mixed Use East "RM -AT" Multifamily AT Park (C.C. Beach) Permanent Open Space (C.C. Beach) West "CR -1" Resort Commercial Vacant and Commercial Mixed Use ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Downtown Area Development Plan and is planned for mixed uses. The proposed rezoning to the "CR -1" Resort Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 044047 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 200 feet of street frontage along Golf Place which is designated as a "01" Minor Collector Street. According to the Urban Transportation Plan, "01" Minor Collector Streets can convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). Staff Report Page 2 a § Lp tii Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Golf Place 01" Minor Collector40' 60' ROW paved 50' ROW 20' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District to allow for the construction of a hotel. Development Plan: The subject property is 0.364 acres in size. The owner is proposing the construction of a 52 room hotel. There will be 60 total parking spaces (2 accessible). Construction will begin in 2019. It will consist of a single building, approximately 60 feet height. The ground floor will be used as parking and the structure will be elevated to meet base flood elevation requirements. The development includes a pool in front of the building on the beach side. The hotel office will be open 24 hours a day and the hotel will employee approximately 20 employees (total) during the various shifts. Existing Land Uses & Zoning: The subject property is currently zoned "RM -AT" Multifamily AT District, consists of vacant land, and has remained relatively undeveloped since annexation in 1935. To the north is a vacant property zone "CR -1" Resort Commercial District. To the south is a hotel (Quality Inn and Suites) zoned "CR - 1" Resort Commercial District. To the east is Corpus Christi Beach zoned "RM -AT" Multifamily AT District. To the west are vacant properties and two small rental cottages zoned "CR -1" Resort Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 6 -inch ACP line located along Golf Place. Wastewater: 8 -inch VCP line located along Golf Place. Gas: 2 -inch Service Line located along Golf Place. Storm Water: 24 -inch located along Golf Place. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Downtown Area Development Plan and is planned for mixed uses. The proposed rezoning to the "CR -1" Resort Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: Staff Report Page 3 • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). 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. • Key differences between the "RM -AT" and "CR -1" District are in regards to setbacks. While both districts require 20 -foot street yard setbacks, the "RM -AT" District requires a 10 -foot setback along the side and rear property lines. The "CR -1" District does not require side and rear setbacks. The granting of the change of zoning will allow a consistent setback to be applied across the entire project site. • While the "RM -AT" District allows overnight accommodation uses, a buffer yard would be required at the zoning district line effectively splitting the proposed hotel site. Allowing the change of zoning would eliminate the buffer yard requirement. Planning Commission and Staff Recommendation (February 20, 2019): Approval of the change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Public Notification Number of Notices Mailed — 9 within 200 -foot notification area 5 outside notification area As of February 15, 2019: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0219-04 SCCBH LLC. (North Beach)\PC Documents\Staff Report_0219-04 SCCBH, LLC.docx Staff Report Page 4 CR -i lit* � 1 A 'yam #‘4*R 3 40 3. cei .i 74:P. cP 4 1 44 ti, RM C - 2 CR - i SP/02-i 0 SUBJECT PROPERTY Lee C.133 rred:242719 R.r3p311130 ey:11.11 Lepd'or9. or 1}91, 9,0.09'9 "i59R"_ CASE: 0219-04 ZONING & NOTICE AREA 111-1 MunnamlR 1 qn-1 MuNr.nIn P114 Mull.JIM ON Profs cclonr OM. Pr -AT Mullnam Ie AT 11-1 renhborpootl Conn. r[LI CU, IIelTLor !god Conn. rd.l CR -1 Re wM Camm.rolal CR -Y Re rl Comm.mLl aa -1 nem.rr Commercial CO -2 Deism Comma rn CI Inion Hy. Comma rt 1,01.1491.CBC c1,011,01.1491..loComm.roronl CR -3 11.1111 Cornerol.I FR Farr Rural R Nllorb Ov ary 841[111.[1.Paa[ IL ugetlntlu.illl a H...r ma41[mr Roo PlFnnetl191•IpxOv.il.T R1-1:. s 1l •..'-cPb 1• R6b - -!mPy• R645 'lrn%{.6 Ro--rF TWD•:: -1 r Rb -15 l:1: r• !,117 1.6 RE Rc[: r Erlele RE -TF1 TGA r":.re . _.... RV MCBEE (i2 •15r a 5 Pall FAIR uanuracluretl Name '✓Mail v2h ^.AP NOW h4rty 4 orersnl'M1,O0111laa, y ,M„l ^a^'e.1 �Meri'l fah'e ren-'a�s'!bn LOCATION MAP � rV Corpus Chrrsri Say SUBJECT PROPERTY RMV City of AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 26, 2019 Second Reading for the City Council Meeting of April 9, 2019 DATE: March 5, 2019 TO: Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Ordinance amending the Unified Development Code regarding specific standards relating to bars, taverns or pubs CAPTION: Ordinance amending the Unified Development Code regarding specific standards relating to bars, taverns or pubs. PURPOSE: The purpose of this item is to amend the requirements regarding the distance required between a bar, tavern or pub, and a place of worship or school as required per Section 5.2.7 "Bar, Tavern, or Pub" of the Unified Development Code (UDC). BACKGROUND AND FINDINGS: Section 3.23.3.B of the Unified Development Code (UDC) states that on an annual basis, written interpretations of the UDC shall be summarized in a report to the Planning Commission, Board of Adjustment and City Council. Based on the report, City Council shall authorize such UDC text amendments as it deems appropriate, to be processed in accordance with Section 3.2 of the UDC. At its July 25, 2018 meeting, Planning Commission recommended approval of said text amendments. At the September 11, 2018 City Council meeting, Council tabled the item regarding distances to bars, taverns, or pub to allow time for public outreach. • Distance from a Bar, Tavern, or Pub, to Churches, Schools, Daycare centers and Public Hospitals. To make the UDC consistent with the Municipal Code, this amendment reduces the distance required between a bar, tavern or pub, and a place of worship or school, from 1,000 feet, to 300 feet. It uses the more general term, "public or private school" as used in the Municipal Code. It also adds "public hospital" as a category of use that must also be buffered from a bar, tavern or pub, to make the UDC consistent with the Municipal Code. Staff also recommends, as an amendment from the floor, that the text be changed from "Day Care use" to "daycare center," again, so that the UDC is consistent with the Municipal Code. ALTERNATIVES: A recommendation of denial or alteration of proposed text amendments. OTHER CONSIDERATIONS: The draft ordinance is posted on Development Services website for comment. Notice of a public hearing was published in the Corpus Christi Caller Times on Monday, March 11, 2019. Additionally as part of the public outreach campaign, several hundred letters were sent to all churches and bars in the City of Corpus Christi notifying of the proposed text amendment. City staff received four phone calls inquiring further information concerning the text amendment. One formal letter of opposition was received from Lindale Baptist Church. CONFORMITY TO CITY POLICY: The proposed text amendment conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 111p Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: A public hearing was held on Wednesday, July 25, 2018 and Planning Commission recommended approval. Staff recommends approval of the amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance LINDALE BAPTIST CHURCH 610 Glazebrook Corpus Christi, Texas 78404 November 4, 2018 Nina Nixon -Mendez, FAICP Director, Development Services City of CorpusChristi, 2406 Leopard St. Corpus Christi, Texas 78403 Dear Ms. Nixon -Mendez: Thank you for your letter of October 24, 2018, concerning the change in Section 5.2 of Section 3. UDC Article 5 "Use Regulations" to allow a bar, tavern or pub to be located within 300 feet from a place of worship, or public or private school, daycare center, child- care facility or public hospital_ Corpus Christi is a unique city in that it is one of the few cities whose land mass wraps around the bay with the sante name, which as you know, means the Body of Christ. We are one of the very few cines which has preserved the scenic view of the bay to be enjoyed by the public. As your letter states, the reason for the change in the ordinance is for the purpose of bringing The City's Unified Development Code (UDC) requirements in line with the requirements m the City's Municipal Code. If we understand correctly, this is something the staff of the City of Corpus Christi is recommending to benefit the Marina Arts district to allow bars, taverns and pubs in that area which still could be covered in the variance process. Your letter states that a number of other Texas cities include the 300 feet variance in their ordinances This fact docs not concern our group. As previously stated, Corpus Christi is a unique city. We would like to sec the uniqueness continued as we value our churches, schools, private or public, daycare centers, child -cart facilities or public hospitals from being near a facility that could cause harm. It only takes a second for a child to dart from a mother's protection to be run over by a car driven by someone not fully alert. We, therefore, wish to state our strong opposition to the proposed change in the ordinance. Thank you for the opportunity to state our opinion_ Very truly yours, Andy Sprinkle, Deacon Lindalc Baptist Church .trre1 ,11 PleV l 3518 Ordinance amending the Unified Development Code regarding specific standards relating to bars, taverns or pubs. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 25, 2018, during a meeting of the Planning Commission when the Planning Commission recommended approval of the proposed UDC amendments, and on Tuesday, March 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 to the UDC would best serve the public's health, necessity, convenience, and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. UDC Article 5 "Use Regulations", Section 5.2 Specific Standards, Subsection 5.2.7 Bar, Tavern or Pub is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 5.2.7 Bar, Tavern or Pub A bar, tavern or pub shall be permitted in accordance with the use tables in Article 4 provided that the bar, tavern or pub shall not be located any closer than X999 300 feet from a place of worship, or cicmcntary, middlc or high public or private school., and -390 fest from Day Care use child care facility, daycare center, or public hospital." [remainder of Section 5.2.7 to remain] SECTION 2. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 Distances to Bars City Council Presentation March 26, 2019 Distances to Bars Purpose: Adjusting the distance requirements for bars from schools and places of worship and aligning the UDC with the Municipal Code. • The UDC defines a bar as a business that 75% of their sales are from alcoholic beverages. Currently, the UDC requires 1,000 feet and the Municipal Code requires 300 feet. • The proposed text amendment is to change the 1,000 feet in the UDC to 300 feet to align with the Municipal Code. • The 1,000 feet distance requirement was implemented with the adoption of the Unified Development Code in 2011, however, it was not in the previous Corpus Christi zoning code. • Other cities in Texas including San Antonio, Fort Worth, Midland, Amarillo, Jefferson, and Garland have a 300 foot requirement. Only two cities have a 1,000 foot separation distance requirement. Proposed Text Amendment 5.2.7 Bar, Tavern, or Pub a. A bar, tavern or pub shall be permitted in accordance with the use tables in Article 4 provided that the bar, tavern or pub shall not be located any closer than 1,000 feet from a place of worship, or elementary, middle or high public or privaLc school, and 300 feet from Day Care use child care facility, daycare center, child-care facility or public hospital. 3 Houston Plano Fort Worth San Antonio Garland Laredo Arlington Amarillo El Paso Austin Other Cities City Distance Required Cedar Park Midland Brownsville 300 ft. for Churches, Hospitals, Schools, Day Care 300 ft. for Churches, Public Hospitals, and Public Schools 1,000 ft. for private schools 300 ft. for Churches, Public Schools, and Public Hospitals 300 ft. From Church, Public Hospital, and Public or Private School 300 ft. for Churches, Public Hospitals, and Public Schools 300 ft. from any Church, Public or Private Hospitals, and Public or Private Schools 300 ft. for Churches, Private Schools, and Public Schools Exemption for some Hotels and Restaurants in Central Business District 300 ft. for Churches, Public Hospitals, and Public and Private Schools 300 ft. for Churches, Public Hospitals, and Public Schools Exemption for Central Business District 500 ft. from residential Zoning Districts 300 ft. For Churches and Schools 300 ft. for Churches, Public Hospitals, and Public Schools 1,000 ft. for Church, School, and Dwellings 400 ft. from Public School Property, or Charity Property Public Notice Number of Mailed Notices: 531 Letters to Bars: 105 Letter to Places of Worship: 390 Letters to Schools and School Districts: 36 Letters Received: 1 Phone Calls: 3 Planning Commission and Staff Recommendation Approval of the proposed text amendment to the Unified Development Code (UDC). AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting 3/26/2019 Second Reading Ordinance for the City Council Meeting 4/9/2019 DATE: March 20, 2019 TO: Keith Selman, Interim City Manager FROM: Daniel McGinn, AICP, Director, Planning & Environmental DanielMc@cctexas.com (361) 826-7011 Urban Transportation Plan Amendment Deletion of Bronx Avenue between Lipes Boulevard and Master Drainage Channel 31 CAPTION: Ordinance amending Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by removing a segment of Bronx Avenue. PURPOSE: The purpose of this item is to remove a portion of a proposed street, Bronx Avenue, from the City's Urban Transportation Plan map. BACKGROUND AND FINDINGS: Al Development ("Developer") requests the deletion of Bronx Avenue between Lipes Boulevard and the Master Drainage Chanel 31 Ditch. The Developer is planning Unit 3, the final phase, of the Airline Crossing Subdivision (the "subject property"). Due to the existing alignment of Bronx Avenue north of the Lipes Boulevard, the proposed alignment of Bronx Avenue south of Lipes Boulevard is located fully within the boundaries of the subject property along its west edge. Without an amendment, the Urban Transportation Plan ("UTP") would require the Developer to construct the full section of Bronx Avenue as a C1 Collector with 60 feet of right-of-way (ROW) and 40 feet of paved width and one-way cycle tracks on both sides. Collector streets provide access to local, other collector, and arterial streets. The lowest order of collector streets is designed to collect local streets with the intent of connecting to an arterial grid system. In 2016, Del Mar College requested the removal of the proposed segment of Bronx Avenue from Master Drainage Channel 31 to Yorktown Boulevard, south of the subject property. The request was approved, leaving Bronx Avenue as a dead-end at the channel. As a dead-end, Bronx Avenue is no longer needed as a Collector -type street in this area. ALTERNATIVES: Denial or alteration of the proposed plan amendment. OTHER CONSIDERATIONS: The recently adopted Strategic Plan for Active Mobility (Phase 1: Bicycle Mobility) prescribes one-way cycle tracks on both sides of Bronx Avenue that would connect the area to Brockhampton Street going north and Yorktown Boulevard/Bill Witt Park going south. With the elimination of Bronx Avenue, an off-road multi -use trail will substitute for cycle tracks. The Developer and Del Mar College will both be required to dedicate and construct their portion of this bike infrastructure, which will enable residents to directly access Bill Witt Park, Del Mar College's future southside campus, Veterans Memorial High School, and the existing bike trail along Master Drainage Channel 31. This segment of the bike plan is also a key portion of the trail system leading to Oso Parkway. CONFORMITY TO CITY POLICY: The proposed amendments conform to City policy and master plans. Plan CC Comprehensive Plan, Transportation and Mobility Goal 1: "Corpus Christi has an efficient and safe transportation network, including bicycles, pedestrians..., and automobiles, that is integrated with land uses and promotes transportation choice, healthy lifestyles, and sustainable development patterns and economic development." Goal 1, Policy 1: "Support a multi -modal transportation network that is integrated with land uses, where destinations are easily connect by accessible paths." EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Street Operations (Traffic Engineering), Planning, and Development Services FINANCIAL IMPACT: ❑ Operatin ❑ Revenue ❑ Capital ® Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Not applicable Comments: RECOMMENDATION: Staff, Transportation Advisory Commission, and Planning Commission recommend approval of the proposed amendment for the following reasons: • The amendment maintains an adequate transportation network for the area. • Bronx Avenue is not needed as a Collector because of the 2016 amendment to eliminate its connection to Yorktown Boulevard. • The request does not eliminate the planned bicycle/ pedestrian infrastructure. LIST OF SUPPORTING DOCUMENTS: Presentation Ordinance amending Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by removing a segment of Bronx Avenue. WHEREAS, the Transportation Advisory Commission and Planning Commission have forwarded to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing on Wednesday, February 6, 2019, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, March 26, 2019, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the 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. The Corpus Christi Urban Transportation Plan map of Mobility CC, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by eliminating Bronx Avenue, a proposed 01 Minor Residential Collector, in the area between Lipes Boulevard and Master Drainage Channel 31, as shown in Exhibit "A". Exhibit A, which is an illustration of the proposed amendment, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 3 EXHIBIT A Veterans H.S. ♦ ♦ • f •♦ ♦, f•4 c<` • rTO�� cNn • 4 ♦ ♦ . •. O� • CZ-: ,V4 • ' o CF: ♦ `G ♦ • : .g - cy •: v.. �� Del Mar College r f, s Page 3 of 3 Urban Transportation Plan (UTP) Amendment To Remove Bronx Avenue Between Lipes Boulevard and Master Drainage Channel 31 City Council Presentation March 26, 2019 Subject Area Proposed Amendment , v 44. / o 4. 0: NI4 X ii \ p 0: • * • 4 • s • <t- o • e Crossing x 0 4711/,6,‘ "v-qo ‹<- 04 , 44 Del Mar College • • . • • • • • • • • • • ••• • • • • 4 2016 Transportation Plan W J a a N A3 Cl CI s 1111111+111 cilIIIiIIIr+..s111ib■ . . a - J -W . ■ LL a a - LIPES BLVD cc 111111111■ ■1•11111111•I �' Airline Crossing z Unit 3 o: CI a CIMARRON BLVD Del Mar College YORKTOWN BLVD :c, 7 411 • . i • . • • ■1111111II1111la • 44 • • • NM . 4 Bicycle Mobility p ?he hlaR, Charter Hospital +Z AFse� Cycle Track • _ • yry ..: •1'QR�10�'L Ne Bill Witt Park F.o .1 is Ruad ,. "Strategic Plan for Active Mobility (Phase 1: Bicycle Mobility)" Texas Par & Wildlife, Es HERE, Garrnin, INCR 5 13,346 SF OF 12' SIDEWALKI Airline Crossing Unit 3 1 LIPES STREET DEDICATION PARK LAND DEDICATION 114,099 SF OF 4' SIDEWALKI x936 SF OF 0 SIDEWALKI 112,165 SF OF 10' SIDEWA J REMOVE BRONX DRIVE ROADWAY FROM URBAN TRANSPORTATION PLAN UP TO LIPES EXISTING BRONX DRIVE PROPOSED 10' SIDEWALK CONNECTION TO LIPES PROPOSED 5 SIDEWALK ALONG LIPE 100 200 GRAPHIC SCALE IN FEET SCALE 1"=200' Rece for apart PROPOSED 10SIDEWALK PROPOSED SIDEWALK, TVP. PROPOSED LOT LAYOUT FOR AIRLINE CROSSING UNIT 3 PROPOSED GOOSANDER COUR I CROSS NEC I IUN. PROPOSED 10' SIDEVVALK CONNECTION TO HIKE & BIKE TRAIL I.. At,/ /7:7I +.. y � 1_ .'ii S1 1 PROPOSED 12 SIDEVVALK AT / HIKE & BIKE TRAIL f' T /J 1. sf f •• .0i f� Ai _SV 6 Airline Crossing Unit 3 PROPOSED GOOSANDER COURT CROSS SECTION B 10' SIDEWALK 56' ROW - 6' 28' BB ROADWAY 4' SIDEWALK PROPOSED 10' SIDEWALK CONNECTION TO HIKE BIKE TFI L Recommendation Staff, Transportation Advisory Commission, and Planning Commission recommend approval of the proposed amendment. • The amendment maintains an adequate transportation network for the area. • Bronx Avenue is not needed as a Collector as a result of the 2016 amendment to eliminate its connection to Yorktown Boulevard. • The request does not eliminate the planned bicycle/ pedestrian infrastructure. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting 03/26/2019 Second Reading Ordinance for the City Council Meeting 04/09/2019 DATE: March 7, 2019 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief robertr@cctexas.com 361-826-3938 Acceptance of a grant from the Texas Commission on Environmental Quality (TCEQ) in the amount of $5,000 to support the City of Corpus Christi — Nueces County Local Emergency Planning Committee (LEPC) CAPTION: Ordinance authorizing execution all documents necessary to accept a grant to the City of Corpus Christi/Nueces County Local Emergency Planning Committee in the amount of $5,000 from Texas Commission on Environmental Quality; and appropriating $5,000 in No. 1062 LEPC Fund. PURPOSE: The purpose of the grants is for expenses for purchase of ProRAE Guardian Tier 2 License and Media Buy. The ProRAE Guardian is to provide real time monitoring for First Responders. The Media Buy, Cable network and local outlet will deliver information to the community about potentially hazardous chemicals in our everyday activities. BACKGROUND AND FINDINGS: ProRAE Guardian will deliver real time gas, radiation, dust, weather and physiological monitoring for First Responders. Media Buy will remind our community that chemicals are everywhere not just at industrial locations. ALTERNATIVES: If we don't accept the donation, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Ordinance to accept and appropriate donation funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget. FINANCIAL IMPACT: X Operating ❑ Revenue El Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $5,000.00 $5,000.00 BALANCE $5,000.00 $5,000.00 Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to accept the donation and appropriate the funds in the amount of $5,000.00. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing execution of all documents necessary to accept a grant to the City of Corpus Christi/Nueces County Local Emergency Planning Committee in the amount of $5,000 from Texas Commission on Environmental Quality; and appropriating $5,000 in No. 1062 LEPC Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant to the City of Corpus Christi/Nueces County Local Emergency Planning Committee (LEPC) in the amount of $5,000 from the Texas Commission on Environmental Quality (TCEQ) for expenses for Purchase of ProRAE Guardian Tier 2 License and Media Buy, Cable network and local outlet. SECTION 2. That $5,000 is appropriated in the No. 1062 Fire Grants 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 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 09, 2019 Action Item for the City Council Meeting of April 16, 2019 DATE: April 09, 2019 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikema c@cctexas.com 886-2603 Kim Baker, Assistant Director of Financial Services Kimb2@cctexas.com 826-3169 Emergency Medical and Police Priority Dispatch Call Center System Software CAPTION: Resolution authorizing a six-year service agreement for the purchase of emergency medical and police priority dispatch call center system software from Priority Dispatch Corp., of Salt Lake City, Utah for a total amount not to exceed $396,260. PURPOSE: This software will provide a consistent and standardized method for dispatchers to process and collect vital information from the caller by obtaining the patient's status, choosing an appropriate dispatch level, and instructing the caller with medically approved protocols until the dispatched units arrive at the scene. BACKGROUND AND FINDINGS: The emergency medical and police priority dispatch call center system software will allow dispatchers to provide the nationally standardized National Academies of Emergency Dispatch protocols for both medical and law enforcement scenarios. Dispatchers will have standardized protocols to triage patients via the telephone by asking the caller key questions allowing the dispatcher to categorize the call either "minor" or "immediately life-threatening". Additionally, the dispatcher can continue to give instructions to the caller while assistance is in route effectively turning the caller into the "first responder" by giving them potentially life-saving instructions. An interlocal agreement was approved by City Council on January 22, 2019 and County Commissioners on January 23, 2019. As a result, the City partnered with Nueces County to fund this project. Nueces County provided $146,671.59 in funding through a Homeland Security Grant, and the City will match with $49,588.41 for the first year, available through the MetroCom FY2018-19 budget, and an additional $200,000 for a 5 -Year Maintenance Plan for years 2 through 6 which includes up to 20 additional EMD (Emergency Medical Dispatch) and EPD (Emergency Police Dispatch) certifications per year. The purchase of this software is a sole source purchase as it is only available from a single source. 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 FINANCIAL IMPACT: Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018- 2019 Current Year Future Years TOTALS Line Item Budget $201,260.00 $200,000.00 $401,260.00 Encumbered / Expended Amount $2,572.45 $0.00 $2,572.45 This item $196,260.00 $200,000.00 $396,260.00 BALANCE $2,427.55 $0.00 $2,427.55 Fund(s): General Fund 1020-11800-151-530000; Police Grant 1061-823100E-151-530000 Comments: None RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement 68227 Price Sheet Interlocal Agreement with Nueces County Resolution authorizing a six-year service agreement for the purchase of emergency medical and police priority dispatch call center system software from Priority Dispatch Corp., of Salt Lake City, Utah for a total amount not to exceed $396,260. WHEREAS, the emergency medical and police priority dispatch call center system software will be purchased for use by both medical and law enforcement personnel; WHEREAS, this item allows dispatchers to provide the nationally standardized National Academies of Emergency Dispatch protocols for both medical and law enforcement scenarios; 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) (2), as this purchase is necessary to provide to preserve or protect the public health and safety of the municipality's residents; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to patents, copyrights, secret processes, or natural monopolies. 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 six-year service agreement with Priority Dispatch Corp., of Salt Lake City, Utah for the purchase of emergency medical and police priority dispatch call center system software, for a total amount not to exceed $396,260. Page 1 of 2 The above resolution was passed by the following vote: Joe McComb Rolanda Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith Page 2 of 2 PRICE SHEET CITY OF CORPUS CHRISTI PURCHASING DIVISION SR. BUYER: JOHN ELIZONDO 6 -Year Service Agreement - Emergency Medical and Police Priority Dispatch Call Center System Software Priority Dispatch Corp. Salt Lake City, Utah ITEM DESCRIPTION UNIT QTY UNIT PRICE EXTENDED PRICE 1. Emergency Medical and Police Priority Dispatch Call Center System Software - Initial Implementation Year 1 $196,260 $196,260 2. Emergency Medical and Police Priority Dispatch Call Center System Software - Maintenance Year 5 $26,400 $132,000 3. Optional - Protocol Training and Certification for EMD (Host) Materials, tuition and certification - Up to 20 certifications per year for 5 years. Each 100 $340 $34,000 4. Optional - Protocol Training and Certification for EPD (Host) Materials, tuition and certification. Up to 20 certifications per year for 5 years. Each 100 $340 $34,000 Total Price $396,260 INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE COUNTY OF NUECES, TEXAS MetroCom Dispatch Center Enhancement Project This agreement is made and entered into this 22 day of,Jaftu , 2019, by and between the City of Corpus Christi, acting by and through its govkning body, the City Council ("CITY"), and the County of Nueces, acting by and through its governing body, the Commissioners Court ("COUNTY"), both of Nueces County, State of Texas, witness: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the COUNTY agrees to provide the CITY $146,671.59 in grant funds for MetroCom Dispatch Center Enhancements project; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to allocate the Grant funds for the Metrocom Dispatch Center Enhancement Project. Page 1 of 3 :?, .1 1 c�rt�E*ici NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. COUNTY agrees to pay CITY $146,671.59 received from Homeland Security Grant Program for MetroCom Dispatch Center Enhancements on a reimbursement basis. City agrees to provide all necessary documentation and invoice to the County when requesting reimbursement. Section 2. CITY agrees to use the $146,671.59 received from COUNTY under this agreement for MetroCom Dispatch Center Enhancements in accordance to all terms, conditions, statutes, rules outlined in Grantor's packet, Exhibit A. City agrees to provide County all necessary data and documentation for reporting requirements. County reserves its right to audit the project to ensure compliance under the Grant requirements. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. Page 2 of 3 By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out in Exhibit A.. Further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF C RPJ HRISTI e.// Samuel Keith Se man Interim City Manager ATTEST: 4—LW"- Re becca Huerta City Secretary APPROVED AS TO FORM: Buck Brice Assistant City Attorney For City Attorney Date Ord 03 p6ic 3Y COUNCIL 21, 5£CIUTAPV NTY OF NUECES Barbara Canales County Judge Kara Sands County Clerk /A - Lau a Garza Jimenei County Attorney -o i Date Page 3 of 3 / Office of the Governor Statement of Grant Award (SOGA) EXHIBIT A The Statement of Grant Award is the official notice of award from the Office of the Governor (000). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and `Budget/Details' tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the 000 Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the 000 was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The 000 reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: CFDA: Federal Awarding Agency: Federal Award Date; Federal/State Award ID Number; Total Federal Award/State Funds Appropriated: 3588501 10/23/2018 10/01/2018 - 09/30/2019 12/29/2019 HS -Homeland Security Grant Program (HSGP) Nueces County MetroCom Dispatch Center Enhancements Dorothy Caston 078495025 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: 97.067 - Homeland Security Grant Program: (HSGP) U.S. Depai tnient of Homeland Security, Federal Emergency Management Agency 8/17/2018 BMW -2018 -SS -00022-S01 $89,859,753.00 Texas Office of the Governor — Homeland Security Grants Division (HSGD) $146,671.59 $0.00 $0.00 $146,671.59 Office of the Governor Pass Thru Entity Name: Is the Award R&D: Federal/State Award Description: No The purpose of the HSGP is to support state and local efforts to prevent terrorists and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States, The HSGP provides funding to implement investments that build, sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community, „ S,9 I r.cflI:RI Office of the Governor Public Safety Office Criminal Justice Division & Homeland Security Grants Division s R 1 t i Grantee Standard Conditions and Responsibilities F September 2018 Grantee Standard Conditions and Responsibilities Office of the Governor ( i 3 3 About This Document In this document, grantees (also referred to as subreciplents) will find state and federal requirements and conditions applicable to grant funds administered by the Office of the Governor (OOG). These requirements and conditions are incorporated into the Grant Agreement accepted by a grant's Authorized Official. These requirements are in addition to those that can be found on the eGrants system -- including the Grant Application and Grant Award—or in documents identified there, to which grantees agreed when applying for and accepting the grant. Other state and federal requirements and conditions may apply to your grant, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code; fi Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code; the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made; for federal funding, the Funding Announcement or Solicitation under which 006 was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice (DOJ), the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. 006 reserves the right to add additional responsibilities and requirements, with or without advance notice to the grantee. 1 It is important for grantees to review all of these policies to successfully manage their grant, maintain eligibility for funding, and avoid violating the terms of the Grant Agreement, any of which could result } in the revocation of funding or other actions. For clarification or further information, please see the Guide to Grants and other support materia Ls at http://eGrants.Gov,Texas.Gov or contact the grant manager assigned to the relevant grant. If no grant manager has been assigned, please contact the eGrants help desk via email at: eGrants@gov.texas.gov, or via telephone at: (512) 4634919 or dial 74-1 for relay services. s Page 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor Table of Contents About This Document 1. 1 . Grant Agreement Requirements and Conditions 5 1.1 Applicability of Grant Agreement and Provisions 5 L2 Legal Authority to Apply 5 1.3 Amendments and Changes to the Grant Agreement 5 1.4 General Responsibility 6 1.5 Terms and Conditions - 6 1.6 Special Conditions 6 1.7 Public Information 6 1.8 Remedies for Non -Compliance 7 1.9 False Statements by Grantee 8 1.10 Conflict of Interest Safeguards 8 1.11 Fraud, Waste, and Abuse 9 1.12 Dispute Resolution 10 1.13 Funds Limited by Agreement and Subject to Availability 11 1.14 Termination of the Agreement 11 1.15 Communication with Grantee........... 12 1.16 Limitation of Llability 12 1.17 Liability for Taxes 12 1,18 Force Majeure 13 1.19 Debt to State 13 1,20 Grantee an independent Contractor 13 1.21 No Assignment of Rights or Obligations .... 13 1.22 Funds Are for Sole Benefit of Grantee 13 1.23 Permission for Use of OOG Name and Labeling 14 1.24 Acknowledgement of Funding and Disclaimer 14 1.25 Royalty -Free License 14 1.26 Project Period 15 1.27 Project Commencement 15 1.28 Project Close Out 15 1.29 Federal Program Laws, Rules, and Guidelines 15 Page 2 J 36 nasr� r �.: Grantee Standard Conditions and Responsibilities Office of the Governor 1.30 Applicability of Part 200 Uniform Requirements for Department of Justice Awards... 16 1.31 Required State Assurances 17 2 Organizational Eligibility 17 2.1 Good Standing for Eligible Grantees 17 2.2 System for Award Management (SAM) Requirements 18 2.3 Criminal History Reporting 18 2.4 Uniform Crime Reporting 18 2.5 Immigration Related Matters ., 18 2.6 E -Verify 19 2.7 Deceptive Trade Practices Violations 19 2.8 Hurricane Contract Violations 19 2,9 Terminated Contracts 20 2.10 Special Requirements for Units of Local Government 20 2.11 Special Requirements for Non -Profit Grantees 20 3 Civil Rights 21 3.1 Compliance with Civil Rights and Nondiscrimination Requirements 21 3.2 Limited English Proficiency 22 1i 3.3 Equal Employment Opportunity Plan 23 4 Personnel 23 4.1 Overtime 23 4.2 Notification of Grant -Contingent Employees 23 Ep 5 Travel 24 5,1 Travel Policies 24 iF 6 Contracts and Procurement 24 6,1 Procurement Practices and Policies 24. 6.2 Subcontracting 24 6.3 Buy Texas .... 24 6.4 Contract Provisions Under Federal Awards 25 7 Equipment Requirements 25 ii 7.1 Property Management and inventory 25 7.2 Maintenance and Repair 26 7.3 Automated License Plate Readers 26 8 Information Technology 26 t Page 3 136 Grantee Standard Conditions and Responsibilities Office of the Governor 8.1 Accessibility Requirements 26 8.2 Criminal Intelligence System Operating Procedures 27 8.3 Blocking Pornographic Material 27 9 Indirect Costs 27 9.1 Approved Indirect Cost Rate 27 9.2 De Minimis Rate 27 10 Audit and Records Requirements 28 10.1 Grantee Subject to Audits 28 10.2 Single Audit Requirements 28 10.3 Cooperation with Monitoring, Audits, and Records Requirements 28 10.4 Requirement to Address Audit Findings 30 10.5 Records Retention 31 11 Prohibited and Regulated Activities and Expenditures 32 11.1 Inherently Religious Activities 32 11.2 Political Activities 32 11.3 Generally Prohibited Expenditures 33 11.4 Acorn 33 12 Financial Requirements 33 12.1 Financial Status Reports 33 12.2 Approval of Financial Status Report 34 12.3 Reimbursements 34 12.4 Generally Accepted Accounting Principles 34 12.5 Program Income 35 12.6 Refunds and Deductions 35 12.7 liquidation Period 35 12.8 Duplication of Funding 35 12.9 Supplanting 35 13 Required Reports 36 13.1 Measuring, Reporting, and Evaluating Performance 36 13.2 Report Formats, Submissions, and Timelines 36 13.3 Failure to File Required Reports 36 Page 4 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor 1 Grant Agreement Requirements and Conditions 1.1 Applicability of Grant Agreement and Provisions The Grant Agreement is intended to be the full and complete expression of and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and all prior and contemporaneous understandings, agreements, promises, representations, terms and conditions, both oral and written, are superseded and replaced by this Grant Agreement, If any term or provision of this Grant Agreement is found to be invalid or unenforceable, such construction shall not affect the legality or validity of any of Its other provisions. The invalid term or invalid provision shall be deemed severable and stricken from the Grant Agreement as if it had never been Incorporated herein, but all other provisions shall continue in full force and effect. Notwithstanding any expiration or termination of this Grant Agreement, the rights and obligations pertaining to the grant close-out, maximum liability of 00G, cooperation and provision of additional information, return of grant funds, audit rights, records retention, public information, disclaimers and limitation of liability, indemnification,and any other provision implying survivability shall remain In effect after the expiration or termination of this Grant Agreement. 1,2 Legal Authority to Apply The grantee certifies that it possesses legal authority to apply for the grant. A resolution, motion or similar action has been or will be duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative, or their designee of the organization to act in connection with the application and to provide such additional information as may be required. State agencies are not required to adopt a resolution. 1.3 Amendments and Changes to the Grant Agreement 00G and the grantee may agree to make adjustments to the grant budget and detailed budget as documented in eGrants. Adjustments Include, but are not limited to, modifying the scope of the grant project, adding funds to previously un --awarded cost items or categories, or changing funds in any awarded cost items or category or changing grant officials. OOG, at its sole discretion, and upon written notice by OOG to the grantee of any proposed adjustment, and after the grantee has had an opportunity to respond to the proposed adjustment, may adjust the grantee's Budget, Grant Narrative, Special Conditions, and/or any other items as deemed appropriate by 006, at any time, during the term of this Grant Agreement. r` - The grantee has no right or entitlement to reimbursement with grant funds. 006 and grantee agree that any act, action or representation by either Party, their agents or employees that purports to waive or alter the terms of the Grant Agreement or increase the maximum liability of OOG is void unless a written amendment to this Grant Agreement is first executed and documented in eGrants. The grantee agrees that nothing in this Grant Agreement will be interpreted to create an obligation or liability of OO,G in excess of the "Maximum Liability of the 00G" as set forth in the Statement of Grant Award (SODA), 1 Pogo 5 136 A Any alterations, additions, or deletions to the terms of this Grant Agreement must be documented in eGrants to be binding upon the Parties. Grantee Standard Conditions and Responsibilities Office of the Governor t4 General Responsibility The grantee is responsible for the integrity of the fiscal and programmatic management of the grant project; accountability for all funds awarded; and compliance with 00G administrative rules, policies and procedures, and applicable federal and state laws and regulations. Grant funds may be used only for the purposes in the grantee's approved application. The recipient shall not undertake any work or activities that are not described in the grant application, and that use staff, equipment, or other goods or services paid for with grant funds, without prior written approval from OOG. The grantee will maintain an appropriate grant administratson system to ensure that all terms, conditions and specifications of the grant are 'met. The Texas Uniform Grant Management Standards has more guidance on this topic. 1.5 Terms and Conditions The grantee will comply with the terms and conditions as set forth and required in the funding announcement under which the approved application was submitted, the application, and award in eGrants. Notwithstanding the imposition of corrective actions, financial hold, and/or sanctions, the grantee remains responsible for complying with these terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with the grant agreement. The failure of00G to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of OOG's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this grant agreement shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this grant agreement. To the extent the terms and conditions of this grant agreement do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this grant agreement and in all cases, according to its fair meaning. The parties acknowledge that each party and its counsel have reviewed this grant agreement and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this grant agreement, Any vague, ambiguous or conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the grant agreement. 1.6 Special Conditions Special Conditions may be imposed by 006, at its sole discretion and at any time, without amending this Grant Agreement. Failure by 006 to provide notice does not absolve grantee of compliance with any special conditions. 00G may place grantee on immediate financial hold, without further notice, until all Special Conditions, if any, are met. 1.7 Public Information Notwithstanding any provisions of this Grant Agreement to the contrary, the grantee acknowledges that the State of Texas, 00G, and this Grant Agreement are subject to the Texas Public information Act, Page 6 f 36 Grantee Standard Conditions and Responsibilities Office of the Governor Texas Government Code Chapter 552 (the "PIA"). The grantee acknowledges that OOG will comply with the PIA, as interpreted by judicial opinions and opinions of the Attorney General of the State ofTexas. The grantee acknowledges that information created or exchanged in connection with this Grant Agreement, including all reimbursement documentation submitted to OOG, is subject to the PIA, whether created or produced by the grantee or any third party, and the grantee agrees that information not otherwise excepted from disclosure under the PIA, will be available in a format that Is accessible by the public at no additional charge to OOG or State of Texas. The grantee will cooperate with OOG in the production of documents or information responsive to a request for information. Information provided by or on behalf of the grantee under, pursuant to, or in connection with this Grant Agreement that the grantee considers proprietary, financial, trade secret, or otherwise confidential information (collectively "Confidential Information") shall be designated as such when it is provided to OOG or State of Texas or any other entity in accordance with this Grant Agreement. Merely making a blanket claim that the all documents are protected from disclosure because they may contain some proprietary or confidential information may not render the whole of the Information confidential. Any information which is not clearly identified as proprietary or confidential is subject to release in accordance with the Act. OOG agrees to notify the grantee in writing within a reasonable time from receipt of a request for information covering the grantee's Confidential Information. OOG will make a determination whether to submit a Public information Act request to the Attorney General. The grantee agrees to maintain the confidentiality of information received from 00G or State of Texas during the performance of this Grant Agreement, including information which discloses confidential personal information particularly, but not limited to, personally identifying information, personal financial information and social security numbers. The grantee must immediately notify and provide a copy to 00G of any Public Information Request or other third -party request for the disclosure of Information it receives related to this Grant award. 1.8 Remedies for Non -Compliance If 00G determines that the grantee materially fails to comply with any term of this grant agreement, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or any other applicable requirement, OOG, in its sole discretion and consistent with any applicable 00G Administrative Rules, may take actions including: 1. Temporarily withholding cash payments pending correction of the deficiency or more severe enforcement action by00G; 2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in compliance; 3. Disallowing claims for relmbu rsernent; 4. Wholly or partially suspending or terminating this grant; 5. Requiring return or offset of previous reimbursements; 6. Prohibiting the grantee from applying for or receiving additional funds for other grant programs administered by 00G until repayment to OOG is made and any other compliance or audit finding is satisfactorily resolved; 7. Reducing the grant award maximum liability of OOG; Page 7136 Grantee Standard Conditions and Responsibilities Office of the Governor 8. Terminating this Grant Agreement; 9. Imposing a corrective action plan; 10. Withholding further awards; or 11. Taking other remedies or appropriate actions. The grantee costs resulting from obligations incurred during a suspension or after termination of this grant are not allowable unless OOG expressly authorizes them in the notice of suspension or termination or subsequently. OOG, at its sole discretion, may impose sanctions without first requiring a corrective action plan. 1.9 False Statements by Grantee By acceptance of this grant agreement, the grantee makes all the statements, representations, warranties, guarantees, certifications and affirmations included in this grant agreement. If applicable, the grantee will comply with the requirements of 31 U5C § 3729, which set forth that no grantee of federal payments shall submit a false claim for payment. if any of the statements, representations, certifications, affirmations, warranties, or guarantees are false or if the grantee signs or executes the grant agreement with a false statement or it is subsequently determined that the grantee has violated any of the statements, representations, warranties, guarantees, certifications or affirmations included in this grant agreement, then OOG may consider this act a possible default under this grant agreement and may terminate or void this grant agreement for cause and pursue other remedies available to OOG under this grant agreement and applicable law. False statements or claims made in connection with OOG grants may result in fines, imprisonment, and debarment from participating in federal grants or contract, and/or other remedy available by law, potentially including the provisions of 38 USC §§ 3801-3812, which details the administrative remedies for false claims and statements made. 11 1.10 Conflict of Interest Safeguards The grantee will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain, whether for themselves or others, particularly those with whom they have family, business, or other ties:The grantee will operate with complete independence and objectivity without actual, potential, or apparent conflict of interest with respect to its performance under this Grant Agreement. The grantee must disclose, in writing, within fifteen (15) calendar days of discovery, any existing, actual or potential conflicts of interest relative to its performance under this Grant Agreement. The grantee is and shall remain in compliance during the termof this Grant Agreement with Texas Government Code, Section 669.003, Contracting with Executive Head of State Agency; and Section 572, Employment of Former State Officer or Employee of State Agency. The grantee certifies that it is not ineligible to receive this Grant Agreement under Texas Government Code, section 2155.004, regarding the financial participation by a person who received compensation from OOG or another state agency to participate in preparing the specifications or request for proposals on which the bid or contract is based, and acknowledges that this Grant Agreement may be terminated and payment withheld if this certification is inaccurate. The grantee has not given or offered to give, nor does the grantee intend to give at any time hereafter, Page 8 136 Grantee Standard Conditions and Responsibilities Office of the Governor any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of OOG, at any time during the award of this grant or in connection with this Grant Agreement, except as allowed under relevant state or federal Iaw. The grantee nor its personnel or entities employed in rendering services under this grant agreement have, nor shall they knowingly acquire, any interest that would be adverse to or conflict in any manner with the performance of the grantee's obligations under this grant agreement. fl 1.11 Fraud, Waste, and Abuse ii A. The grantee understands that OOG does not tolerate any type of fraud, waste, or misuse of funds received from OOG, OOG's policy is to promote consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, OOG policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. The grantee understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal and state grants, recoupment of monies provided under an award, and civil and/or criminal penalties. In the event grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds received from OOG that Is made against the grantee, the grantee is required to immediately notify OOG of said allegation or finding and to continue to inform OOG of the status of any such on- going investigations. The grantee must also promptly refer to OOG any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has -- (1) submitted a claim for award funds that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving award funds. Grantees must also immediately notify OOG in writing of any misappropriation of funds, fraud, theft, embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant requirements. Grantees must notify the local prosecutor's office of any possible criminal violations. Grantees must immediately notify OOG in writing if a project or project personnel become involved in any litigation, whether civil or criminal, and the grantee must immediately forward a copy of any demand, notices, subpoenas, lawsuits, or indictments to OOG. If a federal or state court or administrative agency renders a judgement or order finding discrimination by a grantee based on race, color, national origin, sex, age, or handicap, the grantee agrees to immediately forward a copy of the judgement or order to OOG. The grantee is expected to report any possible fraudulent or dishonest acts, waste, or abuse to OOG's Fraud Coordinator or Ethics Advisor at (512) 463-1788 or in writing to: Ethics Advisor, Office of the Governor, P.O. Box 12428, Austin, Texas 78711. B. Restrictions and certifications regarding non -disclosure agreements and related matters. No grantee or subgrantee under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with Iaw) of waste, fraud, or abuse to an investigative or law enforcement representative of a state or federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a Pcige 91 36 2 Grantee Standard Conditions and Responsibilities Office of the Governor federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient: a. Represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibitor restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. Certifies that, if it learns or Is notified that it is or has been requiring Its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to OOG, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that federal agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants") or' procurement contracts, or both: a. It represents that: 3 i. It has determined that no other entity that the recipient's application proposes r may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either 'g requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and II. It has made appropriate Inquiry, or otherwise has an adequate factual basis, to I€ support this representation; and b. It certifies that, if it learns oris notified that any subgrantee, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to OOG, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by OOG. These provisions apply to all grantees and subgrantees or subcontractors. 1.12 Dispute Resolution The Parties' representatives will meet as needed to implement the terms of thls Grant Agreement and will make a good faith attempt to informally resolve any disputes. Notwithstanding any other provision of this Grant Agreement to the contrary, unless otherwise requested or approved in writing by OOG, the grantee shall continue performance and shall not be excused from performance during the period any breach of Grant Agreement claim or dispute Is pending. The laws of the State of Texas govern this Grant Agreement and all disputes arising out of or relating to this Grant Agreement, without regard to any otherwise applicable conflict of law rules or requirements. Page 10 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor Venue for any grantee -initiated action, suit, litigation or other proceeding arising out of or in any way relating to this Grant Agreement shall be commenced exclusively in the Travis County District Court or the United States District Court, Western District ofTexas- Austin Division. Venue for any OOG-initiated action, suit, litigation or other proceeding arising out of or in any way relating to this Grant Agreement may be commenced in a Texas state district court or a United States District Court selected by OOG in its sole discretion. The grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts referenced above for the purpose of prosecuting and/or defending such litigation. The grantee hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any cla irn that the grantee is not personally subject to the jurisdiction of the above-named courts; the suit, action or proceeding is brought in an inconvenient forum; and/or the venue is improper. 1.13 Funds limited by Agreement and Subject to Availability The grantee agrees that nothing in this grant will be interpreted to create an obligation or liability of OOG in excess of the funds delineated in this grant. The grantee agrees that funding for this grant is subject to the actual receipt by OOG of grant funds (state and/or federal) appropriated to OOG for the grant program. The grantee agrees that the grant funds, if any, received from 00G may be limited by the term of each state biennium and by specific appropriation authority to and the spending authority of 0OG for the purpose of this grant. The grantee agrees that notwithstanding any other provision of this grant, if OOG is not appropriated the funds or if OOG does not receive the appropriated funds for this grant program, or if the funds appropriated to OOG for this grant program are required to be reallocated to fund other federal or state programs or purposes, 006 is not liable to pay the grantee the maximum liability amount specified in the SOGA or any other remaining balance of unpaid funds. If OOG or the program fund becomes subject to legislative change, revocation of statutory authority, lack of appropriated funds, or unavailability of funds which would render performance under this grant agreement impossible, this grant agreement may be immediately terminated without recourse, liability, or penalty against 006 upon written notice to grantee. 1.14 Termination of the Agreement 006 may, at its sole discretion, terminate this Grant Agreement, without recourse, liability or penalty against OOG, upon written notice to grantee. In the event grantee fails to perform or comply with an obligation or a term, condition or provision of this Grant Agreement, OOG may, upon written notice to grantee, terminate this agreement for cause, without further notice or opportunity to cure. Such notification of Termination for Cause will state the effective date ofsuch termination, and if no effective date is specified, the effective date will be the date of the notification. 006 and grantee may mutually agree to terminate this Grant Agreement. 006 in its sole discretion will determine if, as part of the agreed termination, grantee is required to return any or all of the disbursed grant funds. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this Grant Agreement. Following termination by 006, grantee shall continue to be obligated to 006 for the return of grant funds in accordance with applicable provisions of this Grant Agreement. In the event of termination under this Section, 00G's obligation to reimburse grantee is limited to allowable costs incurred and paid by the grantee prior to the effective date of 5 Page 11 1 36 - 3 Grantee Standard Conditions and Responsibilities Office of the Governor termination, and any allowable costs determined by OOG in its sole discretion to be reasonable and necessary to cost-effectively wind up the grant. Termination of this Grant Agreement for any reason or expiration of this Grant Agreement shall not release the Parties from any liability or obligation set forth in this Grant Agreement that is expressly stated to survive any such termination orexpiration. 1.15 Communication with Grantee Notice may be given to the grantee via eGrants, email, hand -delivery, or United States Mail. Notices to the grantee will be sent to the name and address supplied by grantee in eGrants, 1.16 Limitation of Liability To the extent allowed by law, the grantee agrees to indemnify and hold harmless OOG, the State of Texas and its employees, agents, officers, representatives, contractors, and/or designees from any and all liability, actions, claims, demands or suits whatsoever, including any litigation costs, attorneys' fees, and expenses, relating to tax liability, unemployment insurance and/or workers' compensation in grantee's performance under this grant agreement. The grantee shall be liable to pay all costs of defense including attorneys' fees. The defense shall be coordinated by grantee with OOG and the Office of the Attorney General when OOG, the State of Texas or its employees, agents, officers, representatives, contractors and/or designees are named defendants in any lawsuit and grantee may not agree to any settlement without first obtaining the Concurrence ;from OOG and the Office of the Attorney General. The grantee and OOG agree to furnish timely written notice to each other of any such claims. The grantee further agrees to indemnify and hold harmless, to the extent allowed by law, the OOG, the State of Texas and its employees, agents, officers, representatives, contractors, and/or designees from any and all liability, actions, claims, demands, or suits, whatsoever, including any litigation costs, attorneys' fees, and expenses, that arise from any acts or omissions of grantee or any of Its officers, employees, agents, contractors, and assignees, relating to this grant agreement regardless of whether the act or omission is related to this grant agreement. The defense shall be coordinated by grantee, OOG and the Office of the Attorney General when OOG, the State of Texas or its employees, agents, officers, representatives, contractors and/or designees are named defendants in any lawsuit and grantee may not agree to any settlement without first obtaining the concurrence from OOG and the Office of the Attorney General. The grantee and OOG agree to furnish timely written notice to each other of any such claims. The grantee agrees that no provision of this Grant Agreement is in any way intended to constitute a waiver by 00G, its officers, employees, agents, or contractors or the State of Texas of any privileges, rights, defenses, remedies, or immunities from suit and liability that OOG or the State of Texas may have by operation of law, 1.17 Liability for Taxes The grantee agrees and acknowledges that grantee shall be entirely responsible for the liability and payment of grantee's and grantee's employees' taxes of whatever kind, arising out of the performances in this Grant Agreement. The grantee agrees to comply with all state and federal laws applicable to any such persons, including laws regarding wages, taxes, insurance, and workers' compensation. OOG and/or the State of Texas shall not be liable to the grantee, its employees, agents, or others for the payment of taxes or the provision of unemployment insurance and/or workers' compensation or any Page 12 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor benefit available to a state employee or employee of 006. 1.18 Force Majeure Neither the grantee nor 0OG shall be required to perform any obligation under this Grant Agreement or be liable or responsible for any loss or damage resulting from its failure to perform so long as performance Is delayed by force majeure or acts of God, including but not limited to strikes, lockouts or labor shortages, embargo, riot, war, revolution, terrorism, rebellion, insurrection, flood, natural disaster, or interruption of utilities from external causes. Each Party must inform the other in writing, with proof of receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right as a defense. 1,19 Debt to State The grantee agrees, to the extent grantee owes any debt (child support or other obligation) or delinquent taxes to the State of Texas, any payments grantee Is owed under this Grant Agreement may be applied by the Comptroller of Public Accounts toward any such debt or delinquent taxes until such debt or delinquent taxes are paid in full. 1.20 Grantee an Independent Contractor The grantee expressly agrees that it is an Independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of grantee be considered an employee, agent, servant, joint venturer, joint enterpriser or partner of 006 or the State of Texas. The grantee is not a "governmental body" solely by virtue of this Grant Agreement or receipt of grant funds under this Grant Agreement. All persons furnished, used, retained, or hired by or on behalf of the grantee or any of the grantee's contractors shall be considered to be solely the employees or agents of the grantee or the grantee's contractors. The grantee or grantee's contractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment, workers compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. The grantee agrees to take such steps as may be necessary to ensure that each contractor of the grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of 00G or the State of Texas. The grantee is responsible for all types of claims whatsoever due to actions or performance under this Grant Agreement, Including, but not limited to, the use of automobiles or other transportation, taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties. 1.21 No Assignment of Rights or Obligations The grantee may not assign this Grant Agreement or any of its rights or obligations under this Grant Agreement to any third party or entity. Any attempted assignment without OOG's prior written consent is void and may result in the termination of this Grant Agreement. 1.22 Funds Are for Sole Benefit of Grantee It is expressly agreed that any solicitation for or receipt of funds of any type by the grantee is for the Page 13 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor sole benefit of the grantee and is not a solicitation for or receipt of funds on behalf of 00G or the Governor of the State of Texas. 1.23 Permission for Use of OOG Name and Labeling Other than the required statements listed in this document, grantee shall not use OOG's name or refer to OOG directly or indirectly in any media release, public service announcement, or public service disclosure relating to this Grant Agreement or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from OOG. This Section is not intended to and does not limit the grantee's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. This Section is not intended to and does not limit OOG's duties and obligations to report this Grant Agreement, any grant payments made under this Grant Agreement, any contract compliance or performance information or other state or federal reporting requirements applicable to OOG. 1,24 Acknowledgement of Funding and Disclaimer All publications, including websites, produced in full or in part with grant funds awarded by DOG must include an acknowledgement of the funding and a disclaimer of non -endorsement by the funding agency. In general, no publication may convey OOG's or any federal funding agency's (i.e, DO1 or FEMA) official recognition or endorsement of the recipient's project simply based on having received funding. For websites, the acknowledgement should be present somewhere on all major entry pages. Acknowledgement language for grants made through state fund sources is below and language for grants made through specific federal fund sources Is included within the fund specific conditions memo. For any state grant program: "This [website/report/study/project/etc.] is funded [insert "in part", if applicable] through a grant from the Public Safety Office of the Texas Office of the Governor. Neither the Office of the Governor nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." 1.25 Royalty -Free License Pursuant to 2 CFR 200.315(b), the grantee may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this award. OOG (and the federal funding agency, if the work is funded with a federal grant) reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for state (or Federal) purposes: A. Any work subject to copyright developed under an award or subaward; and B. Any rights of copyright to which a grantee or subgrantee or subcontractor purchases ownership with state (or Federal) support. The recipient acknowledges that OOG (and the federal funding agency) have the right to: A. Obtain, reproduce, publish, or otherwise use the data first produced under an award or subaward; and B. Authorize others to receive, reproduce, publish or otherwise use such data for state (or federal) purposes, "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision Page 14136 Grantee Standard Conditions and Responsibilities Office of the Governor 52.22714 (Rights in Data -general). It is the responsibility of the grantee (and of each subgrantee or subcontractor if applicable) to ensure that this condition Is included in any subaward under this award, The grantee has the responsibility to obtain from subgrantees, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subgrantee contractor, or subcontractor refuses to accept terms affording the Government such rights, the grantee shall promptly bring such refusal to the attention of the OOG program manager for the award and not proceed with the agreement In question without further authorization from OOG. 1.26 Project Period The'performance period for this Grant is listed on the Statement of Grant Award, All goods must be obligated and all services must be received within the performance period, OOG will not be obligated to reimburse expenses incurred after the performance period. F 1.27 Project Commencement The grantees must take reasonable steps to commence project activities upon receiving notice of a grant award: • Commencement within 60 days. If a project is not operational within 60 days of the original start date of the award period or grant award date as noted on this memorandum, whichever Cj is later, the grantee must report by letter to OOG the steps taken to initiate the project, the reasons for the delay, and the expected revised start date. • Commencement within 90 days. If a project is not operational within 90 days of the original n start date of the award period or grant award date as noted on this memorandum, whichever is later, the grantee must submit a second statement to OOG explaining the implementation delay. Upon receipt of the 90 -day letter, OOG may cancel the project and redistribute the funds to other project areas. OOG may also, where extenuating circumstances warrant, extend the implementation date of the project past the 90 -day period. 1.28 Project Close Out OOG will close-out the grant award when it determines that all applicable administrative actions and all required work of the Grant have been completed by the grantee. The grantee must submit all financial, performance, and other reports as required by the terms and conditions of the grant award. Submission of the final Financial Status Report will initiate grant close out with OOG. The grantee must promptly refund any balances of unobl€gated cash that OOG paid in advance or paid and that are not authorized to be retained by the grantee for use in other projects. 1.29 Federal Program Laws, Rules, and Guidelines 11 The grantee must comply with applicable provisions of federal and state law and regulations, terms N` and conditions applicable to the federal awards providing funding for the grant award, and any applicable program guidelines, which may Include: Page 15 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor A. Office of Juvenile Justice and Delinquency Prevention (OJJDP) Formula Grants Program requirements as outlined in the Juvenile Justice and Delinquency Prevention Act of 2002, the applicable guidelines, the OJJOP Certified Assurances, and the most recent OJJDP Formula Grants Consolidated Regulation (28 CFR Part 31), to the extent that those regulations are not in conflict with the grant agreement; 8, The Omnibus Crime Control and Safe Streets Act of 1968 (as amended - 42 U.S.0 3711 etseq,); C. Victims of Crime Act (VOCA) program guidelines, including VOCA Final Program Guidelines FY 1997 Victim Assistance Program or those finalized in 2015 and Included in 28 CFR 94, depending on applicability and the federal award under which the grant was made; D. Violence Against Women Act (VAWA) relevant statutory and regulatory requirements, including the Violence Against Women Act of 1994 (P.L., 103-322), the Violence Against Women Act of 2000 (Pl. 106-336), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (PI. 109-162), the Violence Against Women Reauthorization Act of 2013 (P.L. 113- 4), the Office on Violence Against Women's (OVW) implementing regulations at 28 CFR Part 90, OVW's general terms and conditions available at http://www.justice.govJovwfgrantees (these do not supersede any specific conditions in the grant agreement), and the financial and administrative requirements set forth in the current edition of the Office on Violence Against Women (OVW) Financial Grants Management Guide; E. The provisions of the current edition of the Department of Justice Grants Financia; Guide; F. If the grantee uses grant funds to undertake research involving human subjects, the grantee may be subject to Department of Justice (DOJ) Office of Justice (OJP) policies and requirements adopted by OOG related to human subjects found in 28 CFR Part 46; G. Section 2002 of the Homeland Security Act of 2002, as amended (P.L 107-296) (6 U.S.C. 5 603); H. If grantee receives a grant award in excess of $150,000, it will comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C, 5 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U,S,C. 5 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Any subgrants or contracts made by the grantee in excess of $150,000 must contain this provision. 1. All other applicable Federal laws, orders, circulars, orregulations. 1,30 Applicability of Part 200 Uniform Requirements for Department of Justice Awards The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR Part200, as adopted and supplemented by the Department of Justice (DOJ) in 2 CFR Part 2800 (the "Part 200 Uniform Requirements") apply to any grants funded through Department of Justice awards made after their adoption by D0J on December 26, 2014. They supersede, among other things, the provisions of 28 CFR Parts 66 and 70, as well as those of 2 CFR Parts 215, 220, 225, and 230. If any grant is funded through an earlier Department of Justice award supplemented by an award made after December 26, 2014, the Part 200 Uniform Requirements apply with respect to all award funds (whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of the supplemental award. Potential availability of grace period for procurement standards: Under the Part 200 Uniform Requirements, a time-limited grace period may be available under certain circumstances to allow for Page 16 136 Grantee Standard Conditions and Responsibilities Office of the Governor transition from policies and procedures that complied with previous standards for procurements under federal awards to policies and procedures that comply with the new standards (that is, to those at 2 CFR 200.317 through 200,325). For more information on the Part 200 Uniform Requirements, including information regarding the potentially -available grace period described above, see the Office of Justice Programs (OJP) website at http://o)o.gov/funding/Part200UniformRequirements.htm„ in the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OW promptly for clarification. 1.31 Required State Assurances The grantee must comply with the applicable State Assurances Included within the State Uniform Grant Management Standards (UGMS), Section Ill, Subpart B, _.14which are incorporated here by reference in the award terms and conditions. 2 Organizational Eligibility 2.1 Good Standing for Eligible Grantees A. The grantee is in good standing under the laws of the State in which it was formed or organized, and has provided OOG with any requested or required documentation to support this certification. B. The grantee agrees to remain in good standing with any state or federal governmental bodies related to the grantee's right to conduct its business in Texas, including but not limited to the Texas Secretary of State and the Texas Comptroller of Public Accounts, as applicable. C. The grantee owes no delinquent taxes to any taxing unit of this State as of the effective date of this Grant Agreement. D. The grantee is non -delinquent in its repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMS Circular A--129 and form SF -424B, item number 17 for additional information and guidance. E. The grantee has or will obtain all licenses, certifications, permits, and authorizations necessary to perform its obligations under this Grant Agreement, without costs toOOG. F. The grantee is currently in good standing with all licensing, permitting or regulatory bodies that regulate any or all aspects of grantee's business oroperations. G. The grantee agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state or federal laws. H. The grantee shall comply with any applicable federal, state, county, local and municipal laws, ordinances, resolutions, codes, decisions, orders, rules, and regulations, in connection with its obligations under this Grant Agreement. The grantee does not have any existing claims against or unresolved audit exceptions with the State of Texas or any agency of the State of Texas. Page 17 j 36 Grantee Standard Conditions and Responsibilities Office of the Governor 2.2 System for Award Management (SAM) Requirements A. The grantee agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government -wide systemofficially designated by OMB and, if applicable, the federal funding agency). These requirements Include maintaining current registrations and the currency of the information in SAM. The grantee will review and update information at least annually until submission of the final financial report required under the award or receipt of final payment, whichever is later,as required by 2 CFR Part 25. B. Applicable to this Grant Agreement is the President's Executive Order (EC)) 13224, Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001, and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's System for Award Management (SAM), https://www.sam.gov, which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. C. The grantee will comply with Executive Orders 12549 and 12689 that requires "a contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM)", in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared Ineligible under statutory or regulatory authority. The grantee certifies it will verify each vendor's status to ensure the vendor is not debarred, suspended, otherwise excluded or declared ineligible by checking the SAM before doing/renewing business with that vendor. D. The grantee certifies that it and its principals are eligible to participate in this Grant Agreement and have net been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and the grantee is in compliance with the State of Texas statutes and rules relating to procurement and that the grantee is not listed on the federal government's terrorism watch list as described in Executive Order13224. 2.3 Criminal History Reporting Counties or other governmental entitles required to maintain and report criminal history records per the Texas Code of Criminal Procedure, Ch. 60, must maintain compliance with that statute In order to obtain or maintain eligibility for 00G grant funds. 2.4 Uniform Crime Reporting Local units of governments receiving funds from OOG must comply with all requirements for uniform crime reporting and must ensure that prompt reporting will remain current throughout the grant period. 2.5 Immigration Related Matters Compliance with 8 USC §§ 1373 & 1644 -- In order to foster state and local cooperation in the enforcement of our nation's immigration laws, federal law provides that a government entity or Page 18 36 Grantee Standard Conditions and Responsibilities Office of the Governor official may NOT prohibit or otherwise restrict any government entity or official from exchanging information with federal immigration authorities about the immigration or citizenship status of any individual. Furthermore, no individual or entity may prohibit or otherwise restrict a government entity from: (1) sending or receiving citizenship or immigration related information to and from federal immigration authorities; (2) maintaining the information; or (3) exchanging the information with any other federal, state, or local government entity. Any grant applicant or recipient that has policies or practices (written or unwritten) that contravene the restrictions outlined above is not eligible for a grant that Is awarded by or through the Office of the Governor. 2.6 E -Verify A. The grantee shall comply with the requirements of the Immigration Reform and Control Acts of 1986 and 1990 ("IRCA") regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services in the United States of America under this Grant Agreement, if any, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") enacted on September 30,1996. B. The grantee certifies and ensures that it utilizes and will continue to utilize, for the term of this Grant Agreement, the U.S. Department of Homeland Security's F -Verify system to determine the eligibility of: 1. All persons employed to perform duties within Texas, during the term of the Grant, and 2. All persons employed or assigned by the grantee to perform work pursuant to the Grant Agreement, within the United States of America. If this certification is falsely made, the Grant Agreement may be terminated. C. if applicable, grantee will comply with Executive Order RP -80 regarding the U.S. Department of Homeland Security's E -Verify system. 2.7 Deceptive Trade Practices Violations The grantee represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that the grantee has not been found to be liable for such practices in such proceedings. The grantee certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit, and that such officers have not been found to be liable for such practices in such proceedings. The grantee shall notify OOG in writing within five (5) calendar days if grantee or any of its officers are subject to allegations of Deceptive Trade Practices or are the subject of alleged violations of any unfair business practices In an administrative hearing or court suit, and that the grantee or officers have been found to be liable for such practices in such proceedings. 2.8 Hurricane Contract Violations Texas law prohibits OOG from awarding a contract to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief Page 19 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by section 418,004 of the Texas Government Code, occurring after September 24, 2005. Under section 2155.006 of the Texas Government Code, the grantee is not ineligible from entering into this Grant Agreement and acknowledges that this Grant Agreement may be terminated and payment withheld or return of grant funds required if this certification is inaccurate orfalse. 2.9 Terminated Contracts The grantee has not had a contract terminated or been denied the renewal of any contract for non- compliance with policies or regulations of any state or federally funded program within the past five (5) years nor is it currently prohibited from contracting with a governmental agency. If the grantee does have such a terminated contract, the grantee shall identify the contract and provide an explanation for the termination. The grantee, acknowledges that this Grant Agreement may be terminated and payment withheld or return of grant funds required ifthis certification is inaccurate or false. 2.10 Special Requirements for Units of Local Government Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: A. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is. no requirement for increased salaries for local government employees; B. Texas Government Code Sections 556.004, 556.005, and 556,006, which prohibits using any money or vehicle to support the candidacy of any person for office, influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose, and using grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using grant funds to pay dues to an organization with a registered lobbyist; C. Texas Government Code, Sections 2113.012 and 2113.101, which prohibits using grant funds to compensate any employee who uses alcoholic beverages on active duty and grantee may not use grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; D. Texas General Appropriations Act, Art. IX, Section 6.13, which requires grantee to make every effort to attain key performance target levels associated with this Grant, including performance milestones, milestone time frames, and related performance reporting requirements; and E. General Appropriations Act, Ar. IX, Sections 7.01 and .7,02, and Texas Government Code § 2102.0091, which requires that this Grant may only be expended if grantee timely completes and files its reports. 2.11 Special Requirements for Non -Profit Grantees Each non-profit corporation receiving funds from 006 must obtain and have on file a blanket fidelity bond that indemnifies OOG against the Toss or theft of the entire amount of grant funds, including matching funds_ The fidelity bond should cover at least the OOG grant period. By accepting funds under this award, any non-profit grantee certifies and affirmatively asserts that It is Page 20 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor a non-profit organization and that it keeps on file, and is available upon audit, either: A. A copy of the recipient's 5O1(c)(3) designation letter; 8. A letter from the State of Texas stating that the recipient is a non-profit organization operating within Texas; or C. A copy of the grantee's Texas certificate of incorporation that substantiates its non-profitstatus. Grantees that are local non-profit affiliates of state or national non -profits should have available proof of (1), (2), or (3), and a statement by the state or national parent organization that the recipient is a local non-profit affiliate. Non-profit recipients of Victims of Crime Act (VOCA) funding that are not a 501(c)(3) organization finally` certified by the Internal Revenue Service must make their financial statements available online. Non-profit recipients of funds provided under the Juvenile Justice and Delinquency Prevention Act must have 501(c)(3) status recognized by the Internal Revenue Service. Church, mosque, and synagogue recipients of Nonprofit Security Grant Program funding are not required to apply for and receive a recognition of exemption under section 501(c)(3). Such organizations are automatically exempt if they meet the requirements of section 501(c)(4 3 Civil Rights 3.1 Compliance with Civil Rights and Nondiscrimination Requirements A. The grantee will comply with all State and Federal statutes relating to civil rights and nondiscrimination and ensure, in accordance with federal civil rights laws, that the grantee shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. B. The grantee will comply, and all its contractors and subgrantees will comply, with all federal statutes and rules relating to civil rights and nondiscrimination. These include but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; 2. Title IX of the Education Amendments of 1972, as amended (20 USC §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3. Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990 (42 USC § 12131-34); 4. The Age Discrimination Act of 1974, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5. The Drug Abuse Office and Treatment Act of 1972 (P.1. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on Page 21 J 36 Grantee Standard Conditions and Responsibilities Office of the Governor the basis of alcohol abuse or alcoholism; 7, Sections §§ 523 and 527 of the Public Health Service Act of 1912 (42 USC 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patientrecords; 8. Title VIII of the Civil Rights Act of 1968 (42 USC § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9. Any other nondiscrimination provisions in the specific statute(s) or the state or federal solicitation or funding announcement under which application for grant funds is being made, including but not limited to: i. Section 809(c) of Title 1 of the Omnibus Crime Control and Safe Streets Act of 1968 (codified at 34 U.S.C. 10228(c); see also 34 U.S.C, 11182(b)), ii. Section 1407(e) of the Victims of Crime Act of 1984 (codified at 34 U.S.C. 20110(e)) Section 40002(b)(13) of the Violence Against Women Act of 1994 (codified at 34 U.S.C. 12291(b)(13)) C. A nondiscrimination provision that deals with discrimination in employment on the basis of religion is read together with the pertinent provisions of the Religious Freedom Restoration Act of 1993, As a result, even if an otherwise -applicable nondiscrimination provision states that a recipient or subrecipient may not discriminate in employment based on religion, an OJP recipient orsubrecipient that is a faith -based organization may consider religion in hiring, provided it satisfies particular requirements. Additional information on those requirements can be found at https://olp.gov/fu nding/Explore/LegalOverview/CivilRightsRequirements.htm##4. D. Collectively, these federal laws prohibit a grantee from discriminating either in employment (subject to the exemption for certain faith -based organizations discussed in C. above") or in the delivery of • services or benefits on the basis of race, color, national origin, sex, religion, or disability. More information on Civil Rights and Nondiscrimination requirements for grantees receiving funding originating from the Department of Justice can be found at https://oip.gov/about/ocr/statutes.htm. E, In the event any federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin (Including limited English proficiency), or sex against the grantee, or the grantee settles a case or matter alleging such discrimination, the grantee must forward a copy of the complaint and findings to OOG and, as applicable, the Office of Justice Programs Office for Civil Rights (OCR), or the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. F. All recipients of Department of Justice Grants must review the Information on Civil Rights for CJD grantees posted on the eGrants website available at: https://egrants.gov,texas,gov/FileDirectory/Civii Rights Presentation 11-2013.pdf. 3.2 Limited English Proficiency The grantee will comply with Title VI of the Civil Rights Act of 1964, which prohibits grantees from discriminating on the basis of national origin in the delivery of services or benefits, entails taking reasonable steps to ensure that persons with limited English proficiency (LEP) have meaningful access to funded programs or activities. An LEP person is one whose first language is not English and who has a limited ability to read, write, speak, or understand English. Meaningful access may entail providing Page 22 (36 Grantee Standard Conditions and Responsibilities Office of the Governor language assistance services, including oral interpretation and written translation, where necessary. In order to facilitate compliance with Title VI, grantees are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. More information can be found at http://www.LEP.gov. 3.3 Equal Employment Opportunity Plan All recipients of Department of Justice grants must 1) develop and file an Equal Employment Opportunity Plan (ESOP) with the Department of Justice; AND/OR 2) file a certification of exemption from EEOP requirements, if eligible. The Department of Justice released a new EEOP Certification Form 5 inlate 2015. Every recipient of a federal grant must now complete an EEOP Certification Form, even those that are 3 exempt from filing an EEOP. if a grantee is required to submit an EEOP, that grantee must also file a Certification Form declaring that submission. The grantee must keep a copy of both the EEOP and the Certification Form on -file and available at any time upon request from OOG, If a grantee is claiming an exemption from filing an ESOP, that grantee must complete the federal Certification Form for that exemption in order to be eligible for federal funds. Grantees must keep a copy of the Certification Form on -file and available at any time upon request from OOG. EEOP guidance and the Certification Form for both filers and those claiming an exemption is available at: http://olp.gov/about/ocr/eeop,htm. EEOP submissions must be prepared and filed electronically through the EEOP Reporting Tool available at the site referenced in this paragraph. The grantee acknowledges that failure to submit an acceptable EEOP (if recipient is required to submit one), that is approved by the Office for Civil Rights, is a violation of the Grant Agreement and may result In suspension or termination of funding, until such time as the recipient is In compliance. F 4 Personnel 4,1 Overtime Ij Overtime is allowable to the extent that it is included in the OOG-approved budget, the grantee agency has an overtime policy approved by its governing body, and both grant -funded and non -grant funded personnel are treated the same with regards to the application of overtime policy(ies). In addition, in no case is dual compensation allowable, That is, an employee of a grantee agency may not receive compensation for hours worked (including paid leave) from his/her agency AND from an award for a single period of time, even though such work may benefit both activities. Overtime payments issued outside of these guidelines are the responsibility of the grantee agency. 4.2 Notification of Grant -Contingent Employees Staff whose salaries are supported by this award must be rnade aware that continued funding is contingent upon the availability of appropriated funds as well as the outcome of the annual application review conducted by OOG. Page 23 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor 5 Travel 5.1 Travel Policies The grantee must follow their established policies and good fiscal stewardship related to travel expenses. If the grantee does not have established written policies regarding in-state and out-of-state travel, grantee must use the travel guidelines established for state employees. 6 Contracts and Procurement 6.1 Procurement Practices and Policies The grantee must follow applicable Federal and State law, Federal procurement standards specified in regulations governing Federal awards to non -Federal entities, their established policy, and best practices for procuring goods or services with grant funds. Contracts must be routinely monitored for delivery of services or goods. A. Procurement (contract) transactions should be competitively awarded unless circumstances preclude competition, 13. When any contractual or equipment procurement is anticipated to be in excess of $150,000, grantees must submit a Procurement Questionnaire https://eGrants.gov.texas.gov/updates.aspx to OOG for approval prior to procurement. Grantees must ensure these contracts address administrative, contractual, or legal remedies in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. C. When contractual or equipment procurement is anticipated to be in excess of $10,000, grantees must address termination for cause and for convenience by the grantee Including the manner by which it will be affected and the basis forsettlement. 6.2 Subcontracting The grantee may not subcontract any of its rights or duties under this Grant Agreement without the prior written approval of OOG. It is within OOG's sole discretion to approve any subcontracting. In the event OOG approves subcontracting by the grantee, the grantee will ensure that its contracts with others shall require compliance with the provisions of this Grant Agreement to the extent compliance is needed to support the grantee's compliance with this Grant Agreement. The grantee, in subcontracting for any performances specified herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring that all performance is In compliance with this Grant Agreement and that OOG shall not be liable in any manner to any grantee subcontractor. 6.3 Buy Texas If applicable with respect to any services purchased pursuant to this Grant Agreement, the grantee will buy Texas products and materials for use in providing the services authorized herein when such products and materials are available at a comparable price and within a comparable period of time when compared to non -Texas products and materials. Page 24 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor 6.4 Contract Provisions Under Federal Awards All contracts made by a grantee under a federal award must contain the provisions outlined in 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Appendix II to Part 200 Contract Provisions for Non -Federal Entity Contracts Under Federal Awards. 7 Equipment Requirements 7.1 Property Management and inventory The grantee must ensure equipment purchased with grant funds is used for the purpose of the Grant and as approved by OOG, The grantee must develop and implement a control system to prevent loss, damage or theft of property and investigate and document any loss, damage or theft of property funded under this Grant. The grantee must account for any real and personal property acquired with grant funds or received from the Federal Government in accordance with 2 CFR 200.310 Insurance coverage through 200.316 Property trust relationship and 200.329 Reporting on real property. This documentation must be maintained by the grantee, according to the requirements listed herein, and provided to OOG upon request, if applicable. When original or replacement equipment acquired underthis award by the grantee is no longer needed for the original project or program or for other activities currently or previously supported by the federal awarding agency or OOG, the grantee must make proper disposition of the equipment pursuant to 2 CFR and/or the Uniform Grant Management Standards (UGMS), as applicable. The grantee shall not give any security interest, lien or otherwise encumber any item of equipment purchased with grant funds ii The grantee will maintain specified equipment management and inventory procedures for equipment (including replacement equipment), whether acquired in whole or in part with grant funds, until disposition takes place, with a per-unit cost of $5,000 or greater, any firearms, any items on the Prohibited or Controlled Expenditures list, and the following equipment with costs between $500 and $4,999: sound systems and other audio equipment, still and video cameras, TVs, video players/recorders, desktop computers, laptop computers, data projectors, smartphones, tablets, other hand held devices, and mobile/portable radios. (See Texas Government Code, Sec. 403.271(b) for further information. Users of these standards should contact the Texas Comptroller of Public Accounts' property accounting staff or review the Corn ptroiler's State Property Accounting User Manual, available on the Internet, for the most current listing.) The equipment and inventory procedures include: A. The grantee must keep an inventory report on file containing equipment purchased with any grant funds during the grant period. The inventory report must agree with the approved grant budget and the final Financial Status Report and shall be available to QOG at all times upon request. B. At least every two (2) years, grantee must take a physical inventory and reconcile the results with property records. C. The grantee must maintain property/inventory records which, at minimum, include a description of the property, a serial number or other identification number, the source of Page 25 136 Grantee Standard Conditions and Responsibilities Office of the Governor property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price ofthe property. D. The grantee shall permanently identify all such equipment by appropriate tags or labels affixed to the equipment. Upon termination of this Grant Agreement, title, use, and disposal of equipment by the grantee shall be in conformity with the UGMS; however, as between OOG and the grantee title for equipment will remain with the grantee, unless UGMS requires otherwise. 7.2 Maintenance and Repair The grantee will maintain, repair, and protect all equipment purchased In whole or in part with grant funds so as to ensure the full availability and usefulness of such equipment. In the event the grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this Grant Agreement, the grantee shall use the proceeds to repair or replace said equipment. 7,3 Automated License Plate Readers Any grantee requesting funds for Automated License Plate Readers (ALPR) must have a written policy regarding use of the ALPR and related data retention. Subrecipients also must enter into a User Agreement with the Texas Department of Public Safety (DPS), Crime Records Division to gain access to the Texas Automated License Plate Reader (LPR) Database so that data may be shared among all participating local, state, and federal agencies. DPS Crime Records Division will provide written certification of your jurisdiction's participation upon request. Grantees must provide OOG with a copy of the certification received from DPS Crime Records Division. 8 Information Technology 8.1 Accessibility Requirements If applicable, the grantee will comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in Title 1, Chapter 213 of the Texas Administrative Code when such products are available In the commercial marketplace or when such products are developed in response to a procurement solicitation. Likewise, if applicable, the grantee shall provide the Texas Department of information Resources (DIR) with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508. of the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration "Buy Accessible Wizard" (http://www,buyaccessible.gov). A company not listed with the "Buy Accessible Wizard" or supplying a URL to their VPAT must provide DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the "Buy Accessible Wizard" or obtaining a copy of the VPAT is located at http://www.section508.gov/. Pogo 26 136 Grantee Standard, Conditions and Responsibilities Office of the Governor $.2 Criminal Intelligence System Operating Procedures Any information technology system funded or supported by these funds must comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies. Any grant -funded individual responsible for entering information into or retrieving information from an intelligence database must complete continuing education training on operating principles described by 28 CFR Part 23 at least once for each continuous two-year period that the person has responsibility for entering data into or retrieving data from an intelligence database. $. Blocking Pornographic Material The recipient understands and agrees that - (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. Ei 9 Indirect Costs 9.1 Approved Indirect Cost Rate If indirect costs are allowable under an award, the Indirect Cost Budget Category will be available'on the Budget tab. With the exception of grantees of federal awards who have never received a 15 negotiated indirect cost rate as described in 2 CFR § 200.414(f), grantees choosing to apply indirect costs to the award must have an approved indirect cost rate agreement with their cognizant agency. A copy of the approval letter from the cognizant agency must be uploaded to the grant application for the grantee to be eligible for the indirect cost rate for the associated award. is Indirect cost rates are not generally allowed for state -funded grants, but may be approved by 006 at its sole discretion. The indirect cost rate cited in the budget denotes the approved indirect rate at the time the grant was awarded. It is the grantee's responsibility to ensure the appropriate indirect rate is charged throughout the term of the grant award even if the approved indirect rate expires or changes during the grant period. indirect costs are subject to monitoring and the grantee must be able to produce evidence of an approved Indirect cost rate upon request. 9.2 De Minimis Rate In accordance with 2 CFR § 200.414(f), grantees of federal funds that have never received a negotiated indirect cost rate may elect to charge a de minimis rate of 10% of modified total direct costs, which may be used indefinitely. A grantee that is eligible to use the de minimis indirect cost rate, and that elects to use the de minimis indirect cost rate, must advise OOG in writing, in the grant application, before any such funds are obligated of both its eligibility and its election, and must comply with all associated requirements in 2 CFR § 200.414(f). Page 27 136 Grantee Standard Conditions and Responsibilities Office of the Governor 10 Audit and Records Requirements 10.1 Grantee Subject to Audits The grantee understands and agrees that grantee is subject to relevant audit requirements present in state or federal law or regulation or by the terms of this award. For federally funded grants, audit requirements can be found in 2 CFR Part 200 or OMB Circular A4133. For state funded awards, audit requirements can be found in the Uniform Grant Management Standards. 10.2 Single Audit Requirements Any grantee expending more than a certain level of federal funds in a fiscal year are subject to Single Audit Requirements in 2 CFR, Part 200, Subpart F — Audit Requirements, at http://www.ecfr.gov/cgi- bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tp1., For grantees receiving a grant from a F. federal award whose effective date falls within a grantee's fiscal year that begins on or after December jl 26, 2014, that level is $750,000. For grantees receiving a grant from a federal award whose effective date falls within a grantee's fiscal year that begins before December 26, 2014, that level is $500,000. The grantees expending more than $750,000 in state funds in a fiscal year are subject to the requirements in the Texas Single Audit Circular, at http://comptroller.texas.gov/procurement/catrad/ugms.pdf. The audit must be completed and the data collection and reporting package described in 2 CFR 200.512 must be submitted to the Federal Audit Clearinghouse (FAC) within 30 calendar days after receipt of the auditor's report(s), or nine months after the end of the audit period, whichever is earlier. Grantees who are not required to have an audit for the grantee's fiscal year in which the state or federal awards were made or expended, shall so certify in writing to OOG. The grantee's chief executive officer or chief financial officer shall make the certification within 60 days of the end of the grantee's fiscal year. 10.3 Cooperation with Monitoring, Audits, and Records Requirements A. In addition to and without limitation on the other audit provisions of this Grant Agreement, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's Office or successor agency, may conduct an audit or investigation of the grantee or any other entity or person receiving funds from the State directly under this Grant Agreement or indirectly through a subcontract under this Grant Agreement. The acceptance of funds by the grantee or any other entity or person directly under this Grant Agreement or indirectly through a subcontract under this Grant Agreement acts as acceptance of the authority of the State Auditor's Office, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, the grantee or another entity that is the subject of an audit or investigation by the State Auditor's Office shall provide the State Auditor's Office with prompt access to any information the State Auditor's Office considers relevant to the investigation or audit, The grantee further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. The grantee shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the Pace 28 136 Grantee Standard Conditions and Responsibilities Office of the Governor grantee and the requirement to cooperate is included in any subcontract it awards, The State Auditor's Office shall at any time have access to and the right to examine, audit,, excerpt, and transcribe any pertinent books, documents, working papers, and records of the grantee related to this Grant Agreement. This Grant Agreement may be amended unilaterally by OOG to comply with any rules and procedures of the State Auditor's Office in the implementation and enforcement Section 2262.154 of the Texas Government Code. B. The grantee agrees to comply with the grant monitoring guidelines, protocols, and procedures established by OOG and any federal funding agency, and to cooperate with OOG and any relevant federal agency generally, including on any corn pliance review or complaint investigation conducted by the Federal sponsoring agency or OOG and on all grant monitoring requests, including requests related to desk reviews and/or sitevisits. C. The grantee shall maintain adequate records that enable OOG and any relevant federal agency to complete monitoring tasks, including to verify all reporting measures, requests for reimbursements, and expenditure of rnatch funds related to this Grant Agreement. The grantee shall maintain such records as are deemed necessary by OOG, the State Auditor's Office, other auditors of the State of Texas, the federal government or such other persons or entities designated or authorized by 00G to ensure proper accounting for all costs and performances related to this GrantAgreement. D. 0OG may request documented proof of payment. Acceptable proof of payment includes, but is not necessarily limited to, a receipt or other documentation of a paid invoice, a general ledger detailing the specific revenue and expenditures, a monthly bank statement evidencing payment of the specific expenditure, bank reconciliation detail, copies of processed checks, or a printed copy of an electronic payment confirmation evidencing payment of the specific expenditure to which the reimbursement relates. E. The grantee authorizes OOG, the State Auditor's Office, the Comptroller General, and any relevant federal agency, and their representatives, the right to audit, examine, and copy all paper and electronic records, books, documents, accounting procedures, practices, and any other requested records, in any form; relevant to the grant, the operation and management of the grantee, and compliance with this grant agreement and applicable state or federal laws and regulations; and will make them readily available upon request. The grantee will similarly permit access to facilities, personnel, and other individuals and information as may be necessary. F. If requested, the grantee shall submit to OOG a copy of its most recent independent financial audit. If requested, the grantee shall submit to 00G any audited financial statements, related management letters and management responses of grantee, and financial audit documents or portions thereof that are directly related to the grantee's performance of its obligations under this Grant Agreement. G. OOG may make unannounced monitoring visits at any time but will, whenever practical as determined at the sole discretion of 00G, provide the grantee with up to five (5) business days advance notice of any such examination or audit. Any audit of records shall be conducted at the grantee's principal place of business and/or the location(s) of the grantee's operations during the grantee's normal business hours. The grantee shall provide to OOG or its designees, on the grantee's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone services and Internet connectivity, utilities, and office -related equipment and duplicating services as 00G or its designees may reasonably require to perform the audits described in this Grant Agreement. Page 29 1 36 Grantee Standard Conditions and Responsibilities Office of the Governor H. In addition to the information contained in the required reports, other information may be required as requested by OOG, including 006 asking for more information regarding project performance or funds expenditures. In the event 00G requires additional information regarding the information or data submitted, the grantee will promptly provide the additional information. The grantee also agrees to assist OOG in responding to questions and assisting in providing information responsive to any audit, legislative request, or other inquiry regarding the grant award. Upon the request of OOG, the grantee must submit to 006 any additional documentation or explanation 006 may desire to support or document the requested payment or report submitted under this Grant Agreement. I. if after a written request by OOG ora relevant federal agency, the grantee falls to provide required 'reports, information, documentation, or other information within reasonable deadlines set by 006 or the relevant federal agency, as required by this Grant Agreement, or fails to fulfil any requirement in this section, then 006 may consider this act a possible default under this Grant Agreement, and the grantee may be subject to sanctions including but not limited to, withholdings and/or other restrictions on the recipient's access to grant funds; referral to relevant agencies for audit review; designation of the recipient as a high-risk grantee; or termination ofawards, J. The grantee agrees to hold any subcontractors or subgrantees to the provisions of this section and • to require and maintain the documentation necessary to complete monitoring tasks performed by any subcontractor or subgrantee. The grantee shall ensure that this section concerning the authority to audit funds received indirectly by subcontractors through grantee and the requirement to cooperate is included in any subcontract it awards related to this grant, The grantee will direct any other entity, person, or contractor receiving funds directly under this Grant Agreement or through a subcontract under this Grant Agreement to likewise permit access to, inspection of, and reproduction of all books, records, and other relevant information of the entity, person, or contractor that pertain to this Grant Agreement. 10,4 Requirement to Address Audit Findings If any audit, financial or programmatic monitoring, investigations, review of awards, or other compliance review reveals any discrepancies, Inadequacies, or deficiencies which are necessary to correct in order to maintain compliance with this Grant Agreement, applicable laws, regulations, or the grantee's obligations hereunder, the grantee agrees to propose and submit to 006 a corrective action plan to correct such discrepancies or inadequacies within thirty (30) calendar days after the grantee's receipt of the findings. The grantee's corrective action plan is subject to the approval of00G. 006, at its sole discretion, may impose remedies as part of a corrective action plan, Including, but not limited to: increasing monitoring visits; requiringthat additional or more detailed financial and/or programmatic reports be submitted; requiring prior approval for expenditures; requiring additional technical or management assistance and/or making modifications in business practices; reducing the grant award amount; and/or terminating this Grant Agreement. The foregoing are not exclusive remedies, and 006 may impose other requirements that 006 determines will be in the best interest of the State. The grantee understands and agrees that the grantee must make every effort to address and resolve all outstanding issues, findings, or actions identified by 006 (and/or, in the case of federally funded grant, a relevant federal agency) through the corrective action plan or any other corrective plan. Failure to promptly and adequately address these findings may result in grant funds being withheld, other Page 30 j 36 Grantee Standard Conditions and Responsibilities Office of the Governor related requirements being imposed, or other sanctions and penalties, The grantee agrees to complete any corrective action approved by OOG within the time period specified by OOG and to the satisfaction of OOG, at the sole cost of the grantee. The grantee shall provide to 00G periodic status reports regarding the grantee's resolution of any audit, corrective action plan, or other compliance activity for which the grantee is responsible. 10.5 Records Retention A. The grantee shall maintain appropriate audit trails to provide accountability for all expenditures of grant funds, reporting measures, and funds received from OOG under this Grant Agreement. Audit trails maintained by the grantee will, at a minimum, Identify the supporting documentation prepared by the grantee to permit an audit of its accounting systems and payment verification with respect to the expenditure of any funds awarded under this Grant Agreement. The grantee's automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and to verify performance and to establish Individual accountability for any action that can potentially cause access to, generation of, or modification of payment information. B. The grantee must maintain fiscal records and supporting documentation for all expenditures resulting from this Grant Agreement pursuant to 2 CFR 200.333, UGMS, and state law. 1. The grantee must retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. 2. Records related to real property -and equipment acquired with grant funds shall be retained for three (3) years after final disposition. 3. For all training and exercises paid for by this Grant, grantee must complete, deliver to the appropriate source, and then retain copies of all after -action reports and certificates of training completion for the time period specified in this Section. 4. OOG or the Federal Funding Agency may direct a grantee to retain documents for longer periods of time or to transfer certain records to 00G or federal custody when OOG or the Federal Funding Agency determines that the records possess long term retention value. 5. The grantee must give the Federal Funding Agency, the Comptroller General of the United States, the Texas State Auditor's Office, OOG, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by grantee pertaining to this Grant including records concerning the past use of grant funds. Such rights to access shall continue as long as the records are maintained. The grantee must include the substance of this Section in all subcontracts. C. If the grantee collects personally identifiable information, it will have a publically-available privacy policy that describes what information it collects, how it uses the information, whether it shares the information with third parties, and how individuals may have their information corrected where appropriate. The grantee shall establish a method to secure the confidentiality of any records related to the grant program that are required to be kept confidential by applicable federal or state law or rules. This provision shall not be construed as limiting OOG's access to such records and other information under any provision of this Grant Agreement. Page 31 136 Grantee Standard Conditions and Responsibilities Office of the Governor 11 Prohibited and Regulated Activities and Expenditures 11.1 inherently Religious Activities A grantee may not use grant funding to engage in inherently religious activities, such as proselytizing, scripture study, or worship. Grantees may, of course, engage in inherently religious activities; however, these activities must be separate in time or location from the federally assisted program. Moreover, grantees must not compel program beneficiaries to participate in inherently religious activities. Grantees must also not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief in the delivery of services or benefits funded by the grant. These requirements apply to all grantees, not just faith -based organizations. 11.2 Politica! Activities Grant funds may not be used in connection with the following acts by agencies or individuals employed by grant funds: A. Unless specifically authorized to do so by federal law, grant recipients or their subgrantees or contractors are prohibited from using grant funds directly or indirectly for political purposes, including lobbying or advocating for legislative programs or changes; campaigning for, endorsing, contributing to, or otherwise supporting political candidates or parties; and voter registration or get -out -the -vote campaigns. Generally, organizations or entities which receive federal funds by way of grants, contracts, or cooperative agreements do not lose their rights as organizations to use their own, private, non-federal resources for "political" activities because of or as a consequence of receiving such federal funds. These recipient organizations must thus use private or other non-federal money, receipts, contributions, or dues for their political activities, and may not charge off to or be reimbursed from federal contracts or grants for the costs of such activities. B. Grant officials or grant funded employees may not use official authority or influence or permit the use of a program administered by the grantee agency of which the person is an officer or employee to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose. C. Grant -funded employees may not coerce, attempt to coerce, command, restrict, attempt to restrict, or prevent the payment, loan, or contribution of anything of value to a person or political organization for a political purpose. D. Grant funds will not be used, either directly or indirectly, in support of the enactment, repeal, modification, or adoption of any law, regulation or policy, at any level of government, without the express prior approval of 0OG and applicable federal funding agencies. if any non -grant funds have been or will be used in support of the enactment, repeal, modification, or adoption of any law, regulation or policy, at any level of government, it will notify OOG to obtain the appropriate disclosure form. E. Grant funds may not be used to employ, as a regular full-time or part-time or contract employee, a person who is required by Chapter 305 of the Government Code to register as a lobbyist. Furthermore, grant funds may not be used to,pay, on behalf of the agency or an officer or employee of the agency, membership dues to an organization that pays part or all of the salary of a person who Is required by Chapter 305 of the Government Code to register as a Fog 32 [ 36 i Grantee Standard Conditions and Responsibilities Office of the Governor lobbyist. F. Grant funds — whether expended by the grantee or by any subgrantee or subcontractorwill not be used for political polling. This prohibition regarding political polling does not apply to a poll conducted by an academic institution as a part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. G. As applicable, the grantee will comply with 31 USC § 1352, which provides that none of the funds provided under an award may be expended by the grantee to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress,. an officer of employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. The grantee will include the language of this section in the award documents for ail subawards at all tiers and will require all subrecipients to certify accordingly. 11.3 Generally Prohibited Expenditures The following Items and activities are specifically prohibited from being funded under this Grant Agreement: A. Costs of advertising and public relations designed solely to promote the governmental unit; S. Costs of international travel; C. Costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities); D. Fundraising; E. Lobbying; F. Alcoholic beverages; G. Costs to support any activity that has as its objective funding of sectarian worship, instruction, or proselytization; and Fi. Promotional items and memorabilia, including models, gifts, and souvenirs. 11.4 Acorn The grantee understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OOG. 12 Financial Requirements 12.1 Financial Status Reports Financial Status Reports must be submitted to OOG via eGrants. Unless otherwise specified by OOG, Reports may be submitted monthly but must be submitted at least quarterly. Reports are due after Page 33 36 Grantee Standard Conditions and Responsibilities Office of the Governor each calendar quarter regardless of when the grant was awarded. Due dates are: 1. April 22 (January -March quarter) 2. July 22 (April -June quarter) 3. October 22 (July -September quarter) 4. January 22 (October -December quarter) A grant liquidation date will be established in eGrants. The final Financial Status Report must be submitted to 006 on or before the liquidation date or the grant funds may lapse and 006 will provide them as grants to others who need the funding. Payments will be generated based on expenditures reported in the reports. Upon OOG approval of the report, 006 will issue a payment through direct deposit or electronic transfer. 12.2 Approval of Financial Status Report Grant payments will be generated based on expenditures as reported In the Financial Status Reports in eGrants or, if authorized by 006, through Advance Payment Requests. Upon 006 approval of a Financial Status Report or Advance Payment Request, a payment will issue through direct deposit or electronic transfer, though additional documentation may be required and this statement does not override other rules, laws or requirements. It is the policy of 006 to make prompt payment on the approval of a properly prepared and submitted Financial Status Report and any other required documentation. 12.3 Reimbursements 006 will be obligated to reimburse the grantee for the expenditure of actual and allowable allocable costs incurred and paid by the grantee pursuant to this Grant Agreement. Each item of expenditure shall be specifically attributed to the eligible cost category as identified in the Grant Budget. The Grant Budget is established as provided in eGrants and Is the approved budget for the planned expenditure of awarded grant funds, with expenditures identified by approved cost category. 006 Is not obligated to pay unauthorized costs or to reimburse expenses that were incurred by the grantee prior to the commencement or after the termination of this Grant Agreement. By submission of a Financial Status Report, the grantee is warranting the following: (1) all invoices have been carefully reviewed to ensure that ail invoiced services or goods have been performed or delivered; (2) that the services or goods have been performed or delivered In compliance with all terms of this Grant Agreement; (3) that the amount of each new Financial Status Report added together with all previous Financial Status Reports do not exceed the Maximum Liability of 006; and (5) the charges and expenses shown on the Request for Reimbursement are reasonable and necessary. 12.4 Generally Accepted Accounting Principles The grantee shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by the grantee. The grantee shall follow 006 fiscal management policies and procedures in processing and submitting requests for reimbursement and maintaining financial records related to this Grant Agreement. Page 34 l 36 Grantee Standard Conditions and Responsibilities Office of the Governor 12.5 Program Income "Program income" means gross Income received by the grantee or subgrantee directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. Unless otherwise required under the terms of this Grant Agreement, any program income shall be used by the grantee to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. Program income shall be used to offset the grant award. The grantee shall identify and report this income in accordance with 00G`s reporting instructions. The grantee shall expend program income during the term of this Grant Agreement; program income not expended during the term of this Grant Agreement shall be refunded to OOG. 12.6 Refunds and Deductions If 00G determines that the grantee has been overpaid any grant funds under this Grant Agreement, including payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, the grantee shall return to OOG the amount identified by 00G as an overpayment. The grantee shall refund any overpayment to 006 within thirty (30) calendar days of the receipt of the notice of the overpayment from OOG unless an alternate payment plan is specified by 00G, 12.7 Liquidation Period The liquidation date is ninety (90) calendar days after the grant end date, unless otherwise noted in the original grant award ora grant adjustment. Funds not obligated by the end of the grant period and not expended by the liquidation date will revert to OOG. 12.8 Duplication of Funding if grantees receive any funding that is duplicative of funding received under this grant, they will notify 006 as soon as possible. 00G may issue an adjustment modifying the budget and project activities to eliminate the duplication. Further, the grantee agrees and understands that arty duplicative funding that cannot be re -programmed to support non -duplicative activities within the program's statutory scope will be de -obligated from this award and returned to OOG. 12.9 Supplanting Awarded funds must be used to supplement existing funds for program activities and not replace (supplant) funds that have been appropriated, allocated or disbursed for the same purpose. Grant monitors and auditors will look for potential supplanting during reviews. Violations may result in a range of penalties, including suspension of future funds, suspension or debarment from receiving federal or state grants, recoupment of monies provided under the grant, and civil or criminal penalties. For additional information on supplanting, refer to the Guide to Grants at https://eGrants.gov,texas.gov/u pd ates. as px. Page 35 l 36 Grantee Standard Conditions and Responsibilities Office of the Governor 13 Required Reports 13.1 Measuring, Reporting, and Evaluating Performance Grantees should regularly collect and maintain data that measure the performance and effectiveness of activities under this award, in the manner, and within the timeframes specified in the program solicitation, or as otherwise specified by OOG. This evaluation includes a reassessment of project activities and services to determine whether they continue to be effective. Grantees must submit required reports regarding grant information, performance, and progress towards goals and objectives in accordance with the instructions provided by OOG or its designee. If requested by OOG, the grantee shall report on the progress towards completion of the grant project and other relevant information as determined by OOG. To remain eligible for funding, the grantee must be able to show the scope of services provided and their impact, quality, and levels of performance against approved goals, and that their activities and services effectively address and achieve the project's stated purpose. 13.2 Report Formats, Submissions, and Timelines The grantee shall provide to OOG all applicable reports in a format specified by OOG. The grantee will submit reports in eGrants as instructed by OOG. The grantee shall ensure that it submits each report or document required by OOG in an accurate, complete, and timely manner to OOG or the Federal sponsoring agency, as specified by this Grant Agreement or OOG, and will maintain appropriate backup documentation to support the reports. Unless filing dates are given herein, ail other reports and other documents that the grantee is required to forward to OOG shall be promptly forwarded. 13.3 Failure to File Required Reports Failure to comply with submission deadlines for required reports, Financial Status Reports, or other requested information may result in OOG, at its sole discretion, placing the grantee on immediate financial hold without further notice to the grantee and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If the grantee is placed on financial hold, OOG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time the grantee was placed on financial hold. Page 36 1 36 Office of the Governor Public Safety Office Homeland Security Grants Division Fund Specific Grant Conditions Homeland Security Grant Program FFY 2018 Award September 2018 Fund Specific Conditions and Responsibilities (HSGP) Office of the Governor About This Document In this document, grantees (also referred to as subreciptents) will find fund specific federal requirements and conditions applicable to the grant award administered by the Office of the Governor (OOG). These requirements and conditions are incorporated into the Grant Agreement accepted by a grant's Authorized Official. These requirements are in addition to those that can be found on the eGrants system — including the Grant Application and Grant Award — or in documents Identified there, to which grantees agreed when applying for and accepting the grant. Other state and federal requirements and conditions may apply to your grant, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code; Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code; the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made; for federal funding, the Funding Announcement or Solicitation under which 006 was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice (DOJ), the current applicable version of the Department ofiustice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the grantee. Any rights or privileges reserved or attributed to the federal awarding agency are also reserved or attributed to 00G, which may exercise them at its discretion. It is important for grantees to review all of these policies to successfully manage their grant, maintain eligibility for funding, and avoid violating the terms of the Grant Agreement, any of which could result In the revocation of funding or other actions. For clarification or further information, please see the Guide to Grants and other support materials at http://eGrants.Gov.Texas.Gov or contact the grant manager assigned to the relevant grant. If no grant manager has been assigned, please contact the eGrants help desk via email at: eGrants@gov.texas.gov, or via telephone at: (512) 463-1919 or dial 7-1-1 for relay services. Page 119 Fund Specific Conditions and Responsibilities (HSGP) Office of the Governor Table of Contents About This Document 1 Article I. Disposition of Equipment 3 Article II. Procurement of Recovered Materials 3 Article III. Whistleblower Protections 3 Article IV. Use of DHS Seal, Logo and Flags 3 Article V. USA Patriot Act of 2001 3 Article VI. CMI Rights and Nondiscrimination 3 Article VII. Trafficking Victims Protection Act of 2000 5 Article VIII. Terrorist Financing 5 Article IX. SAFECOM 5 Article X. Debarment and Suspension 5 Article XI. Copyrights 5 Article XII. Personally Identifiable Information 5 Article XIII. Activities Conducted Abroad 5 Article XIV. DHS Specific Acknowledgements and Assurances 6 Article XV. Patents and Intellectual Property Rights 6 Article XVI. Notice of Funding Opportunity 6 Article XVII. Non -Supplanting Requirement 7 Article XVIII. National Environmental Policy Act 7 Article XIX. Lobbying 7 Article XX. Hotel and Motel Fire Safety Act of 1990 7 Article XXI. Fly America Act of 1974 7 Article XXII. Text Messaging While Driving 7 Article XXIII. Federal Debt 8 Article XXIV. False Claims Act 8 Article XXV. Energy Policy and Conservation Act 8 Article XXVI. Duplication of Benefit 8 Article XXVII.Environmental and Historic Preservation Review 8 Article XXVIII. National Incident Management System 9 Article XXIX. Operation Stonegarden 9 Page 219 Fund Specific Conditions and Responsibilities (HSGP) Office of the Governor Article L Disposition of Equipment When original or replacement equipment acquired under this award by the recipient or its subrecipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, the state must request Instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. Subrecipients should contact HSGIJ for instructions, Article 11. Procurement of Recovered Materials Recipients and subrecipients must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include f� procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain.the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article III. Whistleblower Protections &. Recipients and subrecipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 Section 2409, 41 U.S.C. 4712, and 10 U.S.C. Section 2324, 41 U.S.C. Sections 4304 and 4310, It Article IV. Use of DHS Seal, Logo and Flags Recipients and subrecipients must obtain permission from their DHS FAO, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article V. USA Patriot Act of 2001 Recipients and subrecipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), ss which amends 18 U.S,C. Sections 175-175c. Article VI. Civil Rights and Nondiscrimination v Section 6,01 Civil Rights Act of 1964 Recipients and subreciplents must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7, Section 6.02 Limited English Proficiency Recipients and subrecipients must comply with the Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq,) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance Page 3j9 Fund Specific Conditions and Responsibilities (HSGP) Office of the Governor https://www.dhs.gov/guidance-published-help-depa rtment-supported-organizations-provide- meaningful- access -people -limited and additional resources on http://www.lep.gov, Section 6,03 Civil Rights Act of 1968 Recipients and subrecipients must comply with Title Vlll of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (See 42 U.S.C. Section 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination Includes the requirement that new multifamily housing with four or more dwelling units- i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with certain accessible features. (See 24 C.F.R. Section 100.201.) Section 6.04 Rehabilitation Act of 1973 Recipients and subrecipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, (29 U.S,C. Section 794), as amended, which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 6.05 Education Amendments of 1972 Recipients and subrecipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. Section 1681 et seq,), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19, Section 6.06 Americans with Disabilities Act of 1990 Recipients and subrecipients must comply with the requirements of Titles 1, 11, and Ili of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entitles. (42 U.S.C. Sections 12101- 12213). Section 6.07 Age Discrimination Act of 1975 Recipients and subrecipients must comply with the requirements of the Age Discrimination Act of 1975 (Title 42 U.S. Code, Section 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Section 6.08 " Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. All recipients and subrecipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statutes, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs. Page 4(9 Fund Specific Conditions and Responsibilities (HSGP) Office of the Governor Article VII. Trafficking Victims Protection Act of 2000 Recipients and subrecipients must comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000, (TVPA) as amended by 22 U.S.C. Section 7104. The award term is located at 2 C.F.R. Section 175.15, the full text of which is incorporated here by reference. Article VIII. Terrorist Financing Recipients and subrecipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article IX. SAFECOM Recipients and subrecipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article X. Debarment and Suspension - Recipients and subrecipients are subject to the non -procurement debarment and suspension regulations Implementing Executive Orders (E.0.) 12549 and 12689, and 2 C.F.R. Part 180. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XI. Copyrights Recipients and subrecipients must affix the applicable copyright notices of 17 U.S.C. Sections 401 or402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article XII. Personally Identifiable Information Recipients and subrecipients who collect Pil are required to have a publicaily-available privacy policy that describes standards on the usage and maintenance of PII they collect. DHS defines personalty identifiable Information (P11) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that Individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as useful resources respectively, Article XIII. Activities Conducted Abroad Recipients and subrecipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Page 519 Fund Specific Conditions and Responsibilities (HSGP) Office of the Governor . Article XIV. DHS Specific Acknowledgements and Assurances AD recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate wfth any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance. award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, recipients have been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency (LEP)), sex, age, disability, religion, or familial status, recipients must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS FAO and the DHS Office of Civil Rights and Civil Liberties (CRCL) by e -mall at crcl@hq.dhs.gov or by mail at U.S. Department of Homeland Security Office for CMI Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. 6. In the event courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS FAO and the CRCL office by e-mail or mail at the addresses listed above, The United States has the right to seek judicial enforcement of these obligations. Article XV. Patents and intellectual Property Rights Unless otherwise provided by law, recipients and subrecipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. Section 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. Section 401.14. Article XVI. Notice of Funding Opportunity All of the instructions, guidance, limitations, and other conditions set forth in the federal Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients and subrecipients must comply with any such requirements set forth in the federal program NOFO. Page 6(9 Fund Specific Conditions and Responsibilities (HSGP) Office of the Governor Article XVII. Non -Supplanting Requirement Recipients and subrecipients receiving federal financial assistance awards made under programs that prohibit supplanting by taw must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Article XVIII. National Environmental Policy Act Recipients and subrecipients must comply with the requirements of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their, authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article -XIX. lobbying Recipients and subrecipients must comply with 31 U.S.C. Section 1352, which provides that none of the funds provided under an federal financial assistance award may be expended by the recipient to pay any person to Influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article XX. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, (15 U.S.C. Section 2225a),. recipients and subrecipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, (15 U.S.C. Section 2225). Article XXI. Fly America Act of 1974 Recipients and subrecipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. Section 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. Section 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision B-138942. Article XXII. Text Messaging While Driving Ali recipients and subrecipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. Page 719 Fund Specific Conditions and Responsibilities (HSGP) Office of the Governor Article XXIII.Federal Debt Recipients and subrecipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article XXIV. False Claims Act Recipients and subrecipients must comply with the requirements of The False Claims Act (31 U.S.C. Section 3729-3733) which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. Section 3801-3812 which details the administrative remedies for false claims and statements made,) 5 Article XXV, Energy Policy and Conservation Act Recipients and subrecipients must comply with the requirements of The Energy Policy and Conservation Act (42 U.S.C. Section 6201) which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. g Article XXVI. Duplication of Benefit Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons, However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing• federal statutes, regulations, or the federal financial assistance award terms and conditions. Article XXVII. Environmental and Historic Preservation Review The subrecipient must assess federally funded projects for potential impact to environmental resources and historic properties and submit any required screening forms) as soon as possible within the deadlines established by HS6D. Timelines for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project and the potential for environmental or historical impact, Subrecipients must include sufficient review time to comply with EHP requirements. Initiation of any activity prior to completion of FEMA's EHP review will result in a non-compliance finding and HSGD may decide not to authorize or release grant funds for non-compliant projects. As soon as possible upon receiving this Grant, the subrecipient must provide information to HSGD to assist with the legally -required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening Form OMB Control Number 1660- 0115/FEMA Form 024-0-1 and submitting it, with all supporting documentation, to HSGD for review. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988 — Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898 —Environmental Justice. Subrecipients must comply with all Federal, State, and local EHP requirements and obtain applicable permits and clearances. See FEMA Policy Number 108-023-1. Page 819 rg • ti Fund Specific Conditions and Responsibilities (HSGP) Office of the Governor The subrecipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings. Subrecipients must comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will,require re-evaluation for compliance with EHP requirements before the project can proceed. Subrecipients must ensure monitoring of ground disturbance and if any potential archeological resources are discovered the subreclpient must Immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. Article XXVIII. National Incident Management System During the performance period of this Grant, the subrecipient must implement the NIMS in a manner consistent with the NIMS Implementation Objectives outlined by FEMA at http://www.fema.gov/national-incident-management-system. As subrecipients of Federal preparedness (non -disaster) grant awards, jurisdictions and organizations must achieve or be actively working to achieve ail of the NIMS Implementation Objectives. Article XXIX.Operation Stonegarden 1 The subrecipient is prohibited from drawing down Operation Stonegarden (OPSG) funding provided i. through this award until each unique, specific or modified county level, tribal or equivalent Operations P Order and/or Fragmentary Order (Frago) has been reviewed by FEMA/GPD and Customs and Border11 Protection/United State Border Patrol (CBP/USBP). HSG[) will receive the official notification of approval Ik ii from FEMA/GPD and then notify the subrecipient. f, eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE I! t) Print This Page Agency Name: Nueces County Grant/App: 3588501 Start Date: 10/1/2018 End Date: 9/30/2019 Project Title: MetroColn Dispatch Center Enhancements Status: Pending Final Approval Eligibility Information Your organization's Texas Payee/Taxpayer ID Number: 1746000585)003 Application Eligibility Certify: Created on:1/30/2018 3:52:03 PM By:Christopher Boyce Profile Information Applicant Agency Name; Nueces County Project Title: MetroCom Dispatch Center Enhancements '} Division or Unit to Administer the Project; Office of Emergency Management Address Line 1: 901 Leopard ST Address Line 2: 303 City/State/Zip: Corpus Chrlstl Texas 78401-3602 Start Date: 10/1/2018 End Date, 9/30/2019 Regional Council of Goverments(COG) within the Project's Impact Area: Coastal Bend Council of Governments Headquarter County: Nueces Counties within Project's Impact Area: Aransas,Bee,Brooks,Duval,Jlm Wells,Kenedy,Live Dak,Nueces,Refugio,San Patrlclo,VIctorla Grant Officials: Authorjzed Official Name: Samuel Neal Email: claudia.lobelf@co.nueces.tx.us Address 1: 901 Leopard, Room 303 Address 1: City: Corpus Christi, Texas 78401 Phone: 361-888-0444 Other Phone: Fax: 361-888-0445 Title: The Honorable Salutation: Judge Position: County Judge Project Director Name: Christopher Boyce Email: christopher,boyce©nuecesco,corn Address 1: 901 Leopard 5t Address 1: Room 303 City: Corpus Chrlstl, Texas 78401 Phone: 361-888-0513 Other Phone: 361-533-2355 Fax: 361-888-0445 Title: Mr. Salutation; Mr. Position: EMC FinanCtal Official Name: Dale Atchley Email: anna.velazquez@co.nueces.tx.us Address 1: 901 Leopard Room 304 Address 1: City: Corpus Christi, Texas 78401 Phone: 361-888-0556 Other Phone; 361-888-0612 Fax: 361-888-0584 Title: Mr. ' Salutation: Mr. Position: County Auditor Grant Wt1I r Name: Christopher Boyce Email: chrlstopher.boyce@nuecesco.com Address 1: 901 Leopard St Address 1: Room 303 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE !I I) City: Corpus Christi, Texas 78401 Phone: 361-888-0513 Other Phone: 361-533-2355 Fax: 361-8880445 Title: Mr. Salutation: Mr. Position: EMC Grant Vendor Information Organization Type: County Organization Options applying to provide homeland security services Applicant Agency's State Payee Identification Number (e.g., Federal Employer's Identification (PEI) Number or Vendor ID): 17460005857003 Data Universal Numbering System (DUNS): 078495025 Narrative Information Overview The purpose of the Homeland Security Grant Prograrn (HSGP) is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. HSGP provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community, HSGP supports core capabilities across the five mission areas of Prevention, Protection, Mitigation, Response, and Recovery based an allowable costs. Primary Mission and Purpose State Homeland Security Program (SHSP): Supports state, Tribal and local preparedness activities that address high-priority preparedness gaps across all core capabilities where a nexus to terrorism exists. Ali investments must be consistent with capability targets set during the Threat and Hazard Identification and Risk Assessment (THIRA) process, and gaps Identified in the State Preparedness Report (SPR). Many activities which support the achievement of target capabilities related to terrorism preparedness may simultaneously support enhanced preparedness for other hazards unrelated to acts of terrorism. However, all SHSP projects must assist grantees in achieving target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism. Eligibility Requirements National incident Management System (NIMS) Implementation Grantees are required to implement NIMS. The NIMS uses a systematic approach to Integrate the best existing processes and methods into a unified national framework for incident management across all homeland security activities Including prevention, protection, response, mitigation, and recovery. Grantees must use standardized resource management concepts for resource typing, credentialing, and an inventory to facilitate the effective identification, dispatch, deployment, tracking and recovery of resources. Emergency Management Plans (Intermediate Level) Cities and counties must have a current emergency management plan or be a legally established member of an inter - jurisdictional emergency management program with a plan on file with the Texas Department of Public Safety, Texas Division of Emergency Management (TDEM). Plans must be maintained throughout the entire grant performance period and must be at least at the Intermediate Level. If you have questions concerning your Emergency Management Plan (preparedness) level, contact your Emergency Management Coordinator (EMC) or your regional Council of Governments (COG). For questions concerning plan deficiencies, contact 'DEM at tdem.plans@dps.texas.gov. Criminal History Reporting Entities receiving funds from HSGD must be located in a county that has an average of 90% or above on both adult and juvenile dispositions entered into the computerized criminal history database maintained by the Texas Department of Public Safety (DPS) as directed in the Texas Code of Criminal Procedure, Chapter 60. The disposition completeness percentage is defined as the percentage of arrest charges a county reports to DPS for which a disposition has been subsequently reported and entered into the computerized criminal history system. Uniform Grime Reporting (UCR) Eligible applicants operating a law enforcement agency must be current on reporting Part I violent crime data to the Texas Department of Public Safety (DPS) for inclusion in the annual Uniform Crime Report (UCR). To he considered eligible for funding, applicants must have submitted a full twelve months of accurate data to DPS for the most recent calendar year. Program Requirements eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE 111) Building and Sustaining Gore Capabilities Funding should be used to sustain core capabilities. New capabilities should not be built at the expense of maintaining current and critically needed core capabilities. New capabilities must be aligned with capability targets and gaps identified through the THIRA/SPR process. Mission Areas The National Preparedness Goal organizes the core capabilities into the five mission areas: • Prevention. Prevent, avoid or stop an imminent, threatened or actual act of terrorism. • Protection. Protect our citizens, residents, visitors, and assets against the greatest threats and hazards in a manner that allows our interests, aspirations, and way of life to thrive, • Mitigation, Reduce the Toss of life and property by lessening the impact of future disasters. I • Response. Respond quickly to save lives, protect property and the environment, and meet basic human needs in the aftermath of a catastrophic incident, • Recovery. Recover through a focus on the timely restoration, strengthening and revitalization of infrastructure, housing and a sustainable economy, as well as the health, social, cultural, historic and environmental fabric of communities affected by a catastrophic incident. Program Income Applicant agrees to comply with all federal and state rules and regulations for program income and agrees to report all program income that is generated as a result of the project's activities. Applicant agrees to report program income through a formal grant adjustment and to secure HSGD approval prior to use of the program income. Applicant agrees to use program income for allowable costs and agrees to expend program Income Immediately after HSGD's approval of a grant adjustment and prior to requesting reimbursement of funds. Deduction Method - Program income shall be deducted from total allowable costs to determine the net allowable costs. Program income shall be used for current costs unless HSGD authorizes otherwise. Program income which the grantee did not anticipate at the time of the award shall be used to reduce the HSGD award and grantee match rather than to increase the funds committed to the project. Asset Seizures and Forfeitures - Program income from asset seizures and forfeitures is considered earned when the property has been adjudicated to the benefit of the plaintiff (e.g., law enforcement entity). Certification Each applicant agency must certify to the specific requirements detailed above as well as all requirements within the HSGD Funding Announcement, the eGrants application, the OOG's Guide to Grants, and the OOG's Grantee Conditions and Responsibilities to be eligible for this program. ]S I certify to ail of the application content and requirements. Project Summary : Briefly summarize the project, including proposed activities and intended impact. Our proposed project will consist of: purchasing software and reference materials; installing essential software; training staff; certifying staff as Emergency Police AND Medical Dispatchers by the International Academies of Emergency Dispatch (IAED); completing the 40 points of accreditation for MetroCom to become an Accredited Center of Excellence through IAED for both Medical and Police Dispatch; and implementing: 1) Priority Dispatch System Software (ProQA), 2) Medical Priority Dispatch System (MPDS), 3) AQUA Evolution, and 4) Police Priority Dispatch System (PPDs), Completion of this project will streamline emergency dispatchers` ability to appropriately and promptly provide the best practices, National Academies of Emergency Dispatch -Protocols for medical and law enforcement scenarios to include terrorist attacks, natural disasters, active shooters,.and other mufti -jurisdictional mass casualty situations. If the Law Enforcement and Medical Priority Dispatch System project is funded, it will allow a more consistent and standardized method for dispatchers providing pre -arrival instructions in critical situations. This will enhance the potential of saving lives and increasing productivity by effectively expediting resources to our customers and preserving the safety and well-being of the citizens in our community and first responders; thus, furthering our dispatchers' ability to provide the critical components of safety and consistent service to all our participants including the community we serve and the first responders we support. Problem Statement : Provide a detailed account of the issues, threats or hazards that your project will target. For federal Homeland Security Grants, include specific references to the regional or state Threat and Hazard Identification and Risk Assessment (THIfiA), as applicable. Being our 9-1-1 Dispatchers are normally the first emergency responders to be privy to of a large-scale incident in our community, this project will allow them to quickly and efficiently gather and disseminate information to our community and the "boots -on -the ground" emergency responders. The Law Enforcement and Medical Priority Dispatch System Project will target numerous issues, threats, and hazards including various ones specified in the Coastal Bend Council of Governments Threat and Hazard Identification and Risk Assessment (CCG-THIRA). Having these tools at hand will aid MetroCom In providing standardized, timely, accurate, detailed response to numerous threats to include any physical terrorist attack and 3 of the specified target threats on pages one through three on the CCG-T14/11A (Hurricane, Hazmat Release -Chemical, and Explosive Device). The Law Enforcement and Medical Priority Dispatch System Project will also aid in the following Core Capabilities listed in the CCG-THIRA: 1. Planning - page 3 through 5 2. Public Information and Warning m pages 6 and 7 3. Operational Coordination Core Capability - Page 8 4, intelligence and Information Sharing - Page 11 and 32 S. Risk and Disaster Resilience Assessment page 22 6. Environmental Response/Health and Safety - page 25 7. Infrastructure Systems - page 28 8. Logistic and Supply Chain Management -- page 29 9. Mass Care Services e page 30 10, Mass Search and Rescue Operations- page 31 11. Operational Communications - page 33 12. Public Health, Healthcare, and Emergency, Medical Services - page 34 13. Situational Assessment - page 35 Existing Capability Levels ; eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! ! !) Describe the existing capability levels, including resources that are currently in place to support this project prior to the use of grant funds, Currently, MetroCom dispatchers are certified Emergency Medical Dispatch (EMD) and utilize APCO's Emergency Medical Dispatch program with physical, flip chart, guide cards. Our quality assurance (QA) system is conducted by two Dispatch Supervisors who listen to random calls or sections of radio traffic for each, individual dispatchers. They utilize Eventide Mediaworks to score and track the QA results, No Law Enforcement pre- and post- arrival instruction are in place at this time. Nexus to terrorism - Priority Dispatch is not currently available for medical nor law enforcement this process will aid in the reporting of suspicious activity or events and aid in the repose to an attack by providing a consistent process to the reporting, initial aid to victims via phone and coordination of EMS/LE response. Capability Gaps: Describe the capability gaps which will be.addressed by the project. For federal Homeland Security Grants, include specific references to the regional or statewide State Preparedness Report (SPR). Operational Coordination Core Capability • Mission Areas. Ail • Description: Establish and maintain a unified and coordinated operational structure and process that appropriately integrates all critical stakeholders and supports the execution of core capabilities. Priority High Capability Gap:Organization Where feasible, align written doctrine with that of other coastal Bend area agencies to ensure standardized response procedures. Need operational solutions CBCOG SPR Pg 10. Currently our staff are trained in Emergency Medical Dispatch (EMD)r but the questions they ask, the priority they choose for the call, and the pre -arrival instructions are based only on the caller's information, the dispatcher's discretion and training. This leaves the process open for human error. For example, a caller calls in and states his friend has been shot. The dispatcher goes through the questions and medical protocol for a gun -shot wound, but does not inquire if the shooter is still active. It's not until the EMS arrive and report hearing active gun shots, that protocol for active shooters is begun. The guide cards leave roon3 for human error as a dispatcher must decide which set of questions to utilize, The physical guide cards are also cumbersome and time-consuming. There is a card rack at each console and the dispatcher has to physically flip through each card to obtain the questions and information. Error could happen if the cards stick together or missing and it takes more time to turn/find each card instead of having everything on screen. Lastly, we currently do not have a law enforcement priority dispatch system at all. Standardized pre -arrival instructions for active shooters, bomb threats, terrorist threats, burglaries, domestic Violence situations, etc.; do not exist. Standardized information gathering questions also do not exist. With the Law Enforcement Priority Dispatch system, information gathering questions are built in. Dispatcher will be prompted to collect detailed descriptions of the suspect, vehicles, weapons, etc. and instantaneously relayed to the Police, Fire, EMS responder, immediately and more accurately, and saved in the call file, becoming a permanent part of the case data archive. Dispatchers can rapidly send critical on -scene information to the appropriate emergency responders and update them in real time. Event location and callback information is also verified. The Law Enforcement and Medical Priority Dispatch System Project will also aid in the following Core Capabilities listed in the Regional SPR: 1. Planning - pages 2 through 5 2. Public Information and Warning - pages 6 through 8 3. Operational Coordination - pages 9 through 1.1 4. Intelligence and Information Sharing - pages 14 through 16 5. Risk and Disaster Resilience Assessment - pages 38 through 40 6. Environmental Response/Health and Safety - pages 45 through 47 7, Infrastructure Systems - pages 52 and 53 S. Logistic and Supply Chain Management - pages 54 and 55 9. Mass Care Services - pages 56 and 57 10, Mass Search and Rescue Operations- pages 58 and 59 11. Operational Communications - pages 63 through 65 12, nubile Health, Healthcare, and Emergency, Medical Services - pages 66 through 68 13. Situational Assessment -- pages 69 and 70 Impact Statement : Describe the project goals/objectives and how this project will maintain capabilities or reduce capability gaps. The Law Enforcement and Medical Priority Dispatch System Project will allow MetroCom's 9-1-1 Dispatchers to provide the nationally standardized, best practices, National Academies of Emergency Dispatch -Protocols for both medical and law enforcement scenarios to include terrorist attacks, natural disasters, active shooters, and other multi -jurisdictional, mass casualty situations. Once implemented, this project will immediately enhance our current systems for meeting the dernand for public health and medical surge capacity by increasing our Dispatchers' ability to provide pre- and post -arrival instructions in critical situations expediting resources to our 361,350 customers in Corpus Christi and Nueces County. Liability risk will be reduced due to standardization and center certification. These tools will allow MetroCom to provide streamlined information sharing, instruction, guidance, and prioritization to all our customers; both the public health agencies we support and the citizens we serve in any catastrophic event. It will help mitigate the loss of life and property; allow rapid response to save live lives, protect property and the environment; and will help first responders in providing basic human needs on the aftermath of any Mass casualty event, including terrorism. Homeland Security Priority Actions: Identify the Texas Homeland Security Priority Action most closely aligned with this project. Each Priority Action is linked with an Objective from the Texas homeland Security Strategic Plan (HSSP), List the Priority Action by number and text (e.g. 1.2.3 Expand and enhance the network of human sources that can provide detailed and relevant information on known or suspected terrorist and criminal enterprises.) 4.4.4 Enhance current systems and develop new systems for meeting the demand for public health and medical surge capacity. Target Group : Identify the target group and population expected to benefit from this project. MetroCom is the Public Safety Answering Point (ASAP) for: Corpus Christi Police Department, Nueces County Sheriff, Corpus Christi Fire Department, Nueces County Emergency Services Districts, Flour Bluff Fire Department, Annavilie Fire Department, Bluntzer Volunteer Fire Department, Ague Duke Volunteer Fire Department. On a daily basis, we serve ail of the previously mentioned public safety organizations and our primary community of Corpus Christi and Nueces County; population 361,350. However, in the event of catastrophic failure, we are the default PSAP for: Alice Police Department, Aransas Public Safety Center, Beeville Police Department, Bee County Sheriff, Brooks County Sheriff, Duval Sheriff, Freer Police Department, Ingleside Police Department, )inti Wells County Sheriff, Kingsville Police Department, Kleberg County Sheriff, Live Oak County Sheriff, Mathis Police Department, Port Aransas Police Department, Refugia County Sheriff, Robstown Police Department, San Patricio County Sheriff, and Victoria County Sheriff; and serve a population of approximately 690,801 citizens (PSAP 361,350 and DEPAULT 329,451). Long -Term Approach: Describe how the applicant agency will maintain the capabilities supported by this project without additional federal or state funds, If sustainment is dependent upon federal or state grants, describe the ongoing need for future grants, as applicable. it eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE 1 ! !) Once this project is implemented tMetroCom will provide the yearly maintenance fee, training, and recertification costs within our current budget. Project Activities Information HSGP Instructions for Project Activity Selection Homeland Security Grant Program (HSGP) applicants should only select one project activity. The eGrants system will allow multiple selections, but each HSGP subrecipient project must fit into one and only one of the Investment Categories that are listed as project activities under the "Activity List". Selected Prot Activities; ACTIVITY PERCENTAGE: DESCRIPTION Operational Coordination 100.00 The project will consist of: purchasing software and reference materials; installing essential software; training staff; certifying staff as Emergency Police AND Medical Dispatchers by the International Academies of Emergency Dispatch (IAED).; Enhancing existing dispatch center/emergency operations center to provide incident notiflcation, coordination and awareness for local jurisdictions. Establishing and maintaining a unified and coordinated operational structure and process that Integrates critical stakeholders. Measures Information Objective Output Measures OUTPUT MEASURE TARGET LEVEL Number of exercises conducted. 0 Number of individuals participating In exercises. 0 Number of operational coordination programs (EOCs/EOC systems or other Incident Command structures) created, maintained or enhanced. 1 Number of people trained. 86 Number of tralnings conducted. 16 Objective Outcome Measures OUTCOME MEASURE TARGET LEVEL Percent (%) of responders at the appropriate Incident command structure (ICS) training level(s). 0 Custom Output Measures CUSTOM OUTPUT MEASURE TARGET LEVEL eGrat is - Project Summary (MAKE SURE YOU CLOSE THIS PAGE E ! ! ) Custom Outcome Measures CUSTOM OUTCOME MEASURE TARGET LEVEL Resolution from Governing Body Applications from nonprofit corporations, local units of governments, and other political subdivisions must include a resolution that contains the following: 1. Authorization by your governing body for the submission of the application to 00G/HSGD that clearly identifies the name of the project for which funding is requested; 2, A commitment to provide all applicable matching funds; 3. A designation of the name and/or title of an authorized official who is given the authority to apply for, accept, reject, alter, or terminate a grant (Note: If a name is provided, you must update HSGD should the official change during the grant peried.); and 4. A written assurance that, in the event of loss or misuse of grant funds, the governing body will return all funds to HSGD. Upon approval from your agency's governing body, upload the aogroved resolution to eGrants by going to the Upload.Flles tab and following the instructions on Uploading eGrants Files. Contract Compliance Will HSGD grant funds be used to support any contractual or professional services? Select the Appropriate Response: X Yes No For applicant agencies that selected Yes above, describe how you will monitor the activities of the sub-contractor(s) for compliance with the contract provisions (including equipment purchases), deliverables, and all applicable statutes, rules, regulations, and guidelines governing this project. Enter a description for monitoring contract compliance: Contracted services will be procured using local and state procurement requirements/law and best practices. Lobbying For applicant agencies requesting grant funds in excess of $100,000, have any federally appropriated funds been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant loan, or cooperative agreement? Select the Appropriate Response: Yes X No - N/A For applicant agencies that selected either No or N/A above, have any non-federal funds been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with thls federal contract, loan, or cooperative agreement? - yes X No N/A Fiscal Year Provide the begin and end date for the applicant agency's fiscal year (e.g., 09/O1/20xx to O8/31/20xx). Enter the Begin Date [mm/dd/yyyy]: 10/1/2018 Enter the End Date [mm/dd/yyyy]; 9/30/20X9 Sources of Financial Support Each applicant must provide the amount of grant funds expended during the most recently completed fiscal year for the following sources: Enter the amount ($) of Federal Grant Funds: 3667945 Enter the amount ($) of State Grant Funds: 3341188 Single Audit eGt'ants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE Hi) Applicants who expend less than $750,000 in federal grant funding or less than $750,000 in state grant funding are exempt from the Single Audit Act and cannot charge audit costs to a HSGD grant. However, HSGD may require a limited scope audit as defined in 2 CFR Part 200, Subpart F - Audit Requirements. Has the applicant agency expended federal grant funding of $750,000 or more, or state grant funding of $750,000 or more during the most recently completed fiscal year? ,X Yes No Applicant agencies that selected Yes above, provide the date of your organization's last annual single audit, performed by an independent auditor in accordance with the State of Texas Single Audit Circular; or CFR Part 200, Subpart 5 - Audit Requirements. Enter the date of your last annual single audit: 3/29/2017 Debarment Each applicant agency will certify that it and its principals (as defined in 2 CFR Part 180.995): • Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal Court, or voluntarily excluded from participation in this transaction by any federal department or agency; • Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense In connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or • Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of arty of the offenses enumerated in the above bullet; and have not within a three-year period preceding this application had one or more public transactions (federal, state, or local) terminated for cause or default. Select the appropriate response: X I Certify Unable to Certify Enter the debarment justification; FFATA Certification Certification of Recipient Highly Compensated Officers - The Federal Funding Accountability and Transparency Act (FFATA) requires Prime Recipients (HSGD) to report the names and total compensation of each of the five most highly compensated officers (a.k.a. positions) of each sub recipient organization for the most recently completed fiscal year preceding the year in which the grant is awarded If the subrecipient answers YES to the FIRST statement but NO to the SECOND statement listed below. In the sub recipient's preceding completed fiscal year, did the sub recipient receive: (1) 80 percent or mare of its annual gross revenue from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; AND (2) $25,000,000 or more in annual gross revenue from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements? Yes ( No Does the public have access to information about the compensation of the senior executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (16 U.S.C. 78m(a), 780(d)) or Section 6104 of the Internal Revenue Code of 1986? X Yes No If you answered YES to the FIRST statement and NO to the SECOND statement, please provide the name and total compensation amount of each of the five most highly compensated officers (a.k.a. positions) within your agency for the current calendar year. If you answered NO to the first statement you are NOT required to provide the name and compensation amounts. NOTE: "Total compensation" means the complete pay package of each of the sub recipient's compensated officers, including all forms of money, benefits, services, and in-kind payments (see SEC Regulations: 17 CCR 229.402). Position 1 - Name: Position 1 - Total Compensation ($): 0 Position 2 - Name: Position 2 Total Compensation ($): 0 Position 3 - Name: Position 3 - Total Compensation ($): 0 Position 4 - Name: Position 4 - Total Compensation ($): 0 Position 5 - Narne: Position 5 - Total Compensation ($): 0 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE I!!) Homeland Security Information F' FUND SOURCE INFORMATION AND REQUIREMENTS DHS Project Type; Enhance integration of metropolitan area public health/medical and emergency management capabilities Capabilities Core Capability: Operational Coordination Identify if this investment focuses on building new capabilities or sustaining existing capabilities. ; New Capabilities (Build) Are the assets or activities Deployable or Shareable: Shareable Check if this Investment requires new construction or renovation, retrofitting, or modification of existing structures Check if these funds will support a project that was previously funded with HSGP funding Proiect Management Sten Involved: Check the step that most closely resembles the phase of the project activities to be completed during the grant period. Step: Execute Description: The period within the project lifecycle during which the actual work of creating the project's deliverables is carried out Process: involves directing, accomplishing, managing, and completing all phases and aspects of work for a given project. Milestones Milestone; Purchase Software; Completion Date: 02-01-2019 Milestone; Installation of Software; Completion Date: 04-01-2019 Milestone: Training on software; Completion Date: 05-01-2019 Milestone: Go live -run program; Completion Date: 07-01-2019 NIMS Resources _ Check 1f this project supports a NIMS typed resource Enter the name of the typed resources from the Resource Type Library Tools Enter the ID of the typed resources from the Resource Type Library Tool; Fiscal Capability Inforrnration Section 1: Organizational Information Enter the Year in which the Corporation was Founded: Enter the Date that the IRS Letter Granted 501(c)(3) Tax Exemption Status: Enter the Employer Identification Number Assigned by the IRS: Enter the Charter Number assigned by the Texas Secretary of State: Section 2: Accounting System The grantee organization must Incorporate an accounting system that will track direct and indirect costs for the organization (general ledger) as well as direct and indirect costs by project (project ledger). The grantee must establish a time and effort system to track personnel costs by project. This should be reported on an hourly basis, or In Increments of an hour. Is there a list of your organization's accounts identified by a specific number (i.e., a general ledger of accounts). Select the appropriate response: _.. Yes No Does the accounting system include a project ledger to record expenditures for each Program by required budget cost categories? Select the appropriate response: Yes No eGrants - Project Sumrnary (MAKE SURE YOU CLOSE THIS PAGE 1!!) Is there a timekeeping system that allows for grant personnel to identify activity and requires signatures by the employee and his or her supervisor? Select the appropriate response! Yes _No If you answered 'No' to any question above in the Accounting System section, in the space provided below explain what action will be taken to ensure accountability. I=nter your explanation: Section 3: Financial Capability Grant agencies should prepare annual financial statements. At a minimum, current internal balance sheet and income statements are required. A balance sheet is a statement df financial position for a grant agency disclosing assets, liabilities, and retained earnings at a given point in time. An income statement is a summary of revenue and expenses for a grant agency during a fiscal year. Has the grant agency undergone an independent audit? Select the appropriate response! _ Yes _ No Does the organization prepare financial statements at least annually? Select the appropriate response: _ Yes No According to the organization's most recent Audit or Balance Sheet, are the current total assets greater than the liabilities? Select the appropriate response: Yes No If you selected 'No` to any question above under the Financial Capability section, in the space provided below explain what action will be taken to ensure accountability. Enter your explanation: Section 4: Budgetary Controls Grant agencies should establish a system to track expenditures against budget and / or funded amounts. Are there budgetary controls in effect (e.g., comparison of budget with actual expenditures on a monthly basis) to include drawing down grant funds in excess of: a) Total funds authorized on the Statement of Grant Award? _ Yes _ No b) Total funds available for any budget category as stipulated on the Statement of Grant Award? _ Yes _ No If you selected 'No' to any question above under the Budgetary Controls section, in the space provided below please explain what action will be taken to ensure accountability, Enter your explanation: Section 5: Internal Controls Grant agencies must safeguard cash receipts, disbursements, and ensure a segregation of duties exist. For example, one person should not have authorization to sign checks and make deposits.. Are accounting entries supported by appropriate documentation (e.g., purchase orders, vouchers, receipts, invoices)? Select the appropriate response: _ Yes _ No Is there separation of responsibility In the receipt, payment, and recording of costs? Select the appropriate response: _ Yes _.. No If you selected 'No' to any question above under the Internal Controls section, in the space provided below please explain what action will be taken to ensure accountability. Enter your explanation: Budget Details Information Budget Information by Budget Line Item: CATEGORY SUB CATEGORY DESCRIPTION OOG CASH MATCH IN - MATS GPI TOTAL UNIT/°/© $68,131.59 $0.00 $0.00 $0.00 $68,13159 0 3 tl eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE HO l} Contractual and Professional Services 04AP-09-ALRT Systems, Public Notification and Warning Purchase 48 Software Licenses for dispatch and supported EOC including:. ProQA Police is 11 (total number of computers in Call -Taking). ProQA Medical is 11 (total number of computers in. Call -Taking). Back -Up Police is 11 (total number of computers in Cali -Taking). Back-up Medical is 11 (total number of computers in Call -Taking). Training license for ProQA Police is 2. Training license for ProQA Medical is 2, Equipment 05NP-00-SEIM System, Security Event/Incident Management Software user Cardsets/Guides for dispatchers to utilize for training and operational use. $10,890.00 $0.00 $0.00 $0.00 $10,890.00 11 Travel and Training In -State Registration Pees (Training) Training on $67,650,00 $0.00 $0.00 $0.00 $67,650.00 software and certification of dispatchers in its use. The trip/travel expenses cover the airfare, hotel, rental car expenses for PDC to send 6 different instructors separately to certify 80 Dispatchers, 2 QA Specialists, and IT staff in 0 eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE ! ! ) EMD/EPD, Quality Assurance, and Settings Administration. That charge also coverts travel expense for PDC staff to perform installation of software, as wells as CAD calibration. Source of Match Information Detail Source of Match/GPI: DESCRIPTION MATCH TYPE AMOUNT Summary Source of Match/GPT: Total Report Cash Match In Kind GPI Federal Share GPI State Share $0.00 $0.00 $0,00 $0.00 $0.00 Budget Summary Information Budget Summary Information by Budget Category: CATEGORY OOG CASH MATCH IN-KIND MATCH GPI TOTAL Contractual and Professional Services $68,131.59 $0.00 $0.00 $0.00 $68,131,59 Equipment $10,890.00 $0.00 $0-00 $0.00 $10,890.00 Travel and Training $67,650.00 $0.00 $0.00 $0.00 $67,650,00 Budget Grand Total Information: 00G CASH MATCH IN-KIND MATCH GPI TOTAL, $146,671.59 $0.00 $0.00 $0.00 $146,671,59 Condition Of fundings Information eGrants - Project Summary (MAKE SURE YOU CLOSE THIS PAGE 111) Condition of Funding / Project Requirement Date Created Date Met Hold Funds Hold Line Item Funds Training Approval Review: Training must be approved by ROG and the Texas Training Point of Contact employed by the Texas Department of Public Safety, Texas Division of Emergency Management to ensure it fans within the FEMA mission to prepare state, focal, tribal, and territorial personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and catastrophic events and the jurisdiction's Emergency Operations Plan. Please complete the Training 6/11/2018 2:42:02 PM No Yes Review Form to begin the process. Please be advised that DOG has added a Condition of Funding (CoF) that will hold funds on a specific budget line Item(s) that must be met. You can review the CaF by going to the Summary tab and Clicking on the View Condition of Funding link, Assuming all other Conditions of Funding noted on the Statement of Grant award have been met, you will be able to request reimbursement for any line item except for the one(s) with the fund hold until that fund hold Is cleared.. 6/11/2018 2'42'02 PM No No You are logged In as laser Name: loydneal F SERVICE AGREEMENT NO. 68227 Emergency Medical and Police Priority Dispatch CaII Center System Software THIS Emergency Medical and Police Priority Dispatch CaII Center System Software Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Priority Dispatch Corp. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Emergency Medical and Police Priority Dispatch Call Center System Software in response to Request for Bid/Proposal No. SS -68227 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Emergency Medical and Police Priority Dispatch Call Center System Software ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for six 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 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 $396,260.00, 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: Kathleen Porche Police Department Phone: 361-886-2653 email: KathleenP@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 001 must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a 001 in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Kathleen Porche Title: 911 Program Manager Address: 321 John Sartain St. Corpus Christi, TX 78401 Phone: 361-886-2653 Fax: 361-886-2607 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: Priority Dispatch Corp. Attn: Chris Murdock Title: Sales Representative Address: 110 Regent Street, Suite 500 Salt Lake City, UT 841 1 1 Phone: (800) 363-9127 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties CONTRACTOR Signature: Printed Name: Brent E. Hawkins Title: Vice President & General Counsel Date: 3/22/2019 CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. SS -68227 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 ATTACHMENT A - SCOPE OF WORK General Requirements/Background Information: The Contractor, Priority Dispatch Corp. (PDC), will provide ongoing support of the Medical Priority Dispatch System (MPDS), Police Priority Dispatch System (PPDS), and assist MetroCom in meeting all the standards necessary for accreditation by the International Academies of Emergency Dispatch (IAED) as an Accredited Center of Excellence (ACE). The Contractor will assist in implementing a self-sustaining quality improvement (QI) and risk management system that will ensure a continuous, safe and effective emergency dispatch operation both now and in the future over the 6 -year period of the Contract. The Contractor will guide and assist with the implementation of the standards and processes as noted in Scope of Work. Index of Abbreviations/References 1. PDC - Priority Dispatch Corporation 2. PDS - Priority Dispatch System 3. CAD - Computer Aided Dispatch 4. MPDS - Medical Priority Dispatch System 5. PPDA - Police Priority Dispatch System 6. ACE - Accredited Center of Excellence 7. DSC -Dispatch Steering Committee 8. DRC - Dispatch Review Committee 9. QIU - Quality Improvement Unit/Committee 10.QI - Quality Improvement 1 1.QA - Quality Assurance 12. ED -Q - PDC's Emergency Dispatch software Project Title - Software Implementation, Training, Certification, Installation, Accreditation and Maintenance Project Locations - Off-site/Digital and On -Site Training and Installation © 321 John Sartain St. Corpus Christi, TX 78401. Project Scope This is an 9 Phase 6 -Year Project. Each Phase will be implemented and provide the following: A. Phase 1: INITIAL ASSESSMENT 1. Implementation Pre -Planning a. The Contractor will perform an assessment to identify specific/unique needs for MetroCom. This phase will include the following in order to successfully complete the project as outlined in the Scope of Work: 1 I. Identification of key personnel; II. Review of MetroCom's pertinent Policies and Procedures; III. Survey Completion; IV. Schedule Coordination; and V. Will include an on-site visit. B. Phase 2: IMPLEMENTATION (1 Day Meeting) 1. Management/Stakeholder Orientation a. The Contractor will conduct a Stakeholder Orientation to establish committees in order to complete each phase of the project efficiently. I. The orientation will provide an introduction to the philosophy and objectives of the Priority Dispatch System (PDS). II. Committees established will include the: 1) Dispatch Steering Committee (DSC); 2) Dispatch Review Committee (DRC); and 3) Quality Improvement Unit (QI). 2. Kickoff a. The Contractor will conduct a kickoff meeting that will include a introduction to the implementation plan and process as well as an opportunity to provide a general overview of the protocols, the system/process, and the infrastructure that supports it. b. The Kickoff meeting will be concurrent with IT Consult and Initial Evaluation 3. IT Consult and Initial Tech Evaluation a. Concurrent with the Kickoff meeting, Contractor staff will conduct an initial IT Tech Evaluation. b. During this Initial Consultation and Tech Evaluation, considering the ProQA/CAD (CAD -Computer Aided Dispatch) interface has been installed, the Contractor shall: I. Ensure the MetroCom workstation, network, and CAD are ready for the ProQA and AQUA software. II. Evaluate the network, identifying where the server -based software will be located and the specific OS of the server. III. Install ProQA software on one machine and tested against the CAD interface, allowing a preliminary CAD signoff to be done. This important step assists to identify what options of the software 2 MetroCom wants configured, and to verify that the information sent by ProQA is received and displayed accurately by the CAD. IV. Discuss the specific options that Medical Control (Medical Director), Fire Administration, and or Law Enforcement Administration may authorize and how to configure it in ProQA vs. manual cardsets. This includes a demonstration of how the Response Configuration is setup. V. Identify and verify all client machines that will have the ProQA and/or AQUA software installed. VI. Discuss maintenance requirements, as well as any questions regarding installation and support. 4. Conduct First Joint DRC and DSC Meeting - ACE Point 5, 12, 18 (Exhibit A) a. The Contractor shall conduct the first joint DRC AND DSC Meeting. The attendees at this first joint meeting of the two essential combined committees should include those persons selected for those committees as well as the MetroCom project manager, and the Contractor project manager. The topics discussed at this initial meeting will include: I. Roles and responsibilities of all combined committee members as well as the MetroCom and PDC project manager will be clarified and discussed. These roles and responsibilities will be defined both during the implementation project and to accreditation, and into the future. II. The PDC Statement of Work/Project Plan will be reviewed with the combined committee. Elements of the implementation that are the direct and shared responsibility of the Contractor will be reviewed and discussed. III. The PDC project manager will supply the combined committee with a proposed implementation schedule and timeline. The combined committee will be asked to discuss this timeline and begin the process of assigning tentative dates for the various elements of the implementation. The tentative system start-up (Go - Live) date should be one of the initial dates assigned. IV. The role and responsibility of the Medical Director will be discussed, and the combined committee will be given a Medical Director check -list, approval, and sign -off document. The document will allow the Medical Director to review the elements of the Medical Protocol that require Medical Director approval and provide a method for the Medical Director to record that approval via signature. ACE Points 12 & 18 (Exhibit A) 3 V. The combined committee will be given approval and sign -off documents that allow Police authorities to review, define, and authorize local Special Definitions pertinent to Police operations within the parameters of the respective Protocols. ACE Points 12 & 18 (Exhibit A) VI. The integral PDS QA/QI processes will be discussed and its crucial role in system performance and Accreditation explained. The steps to build the structure and communication necessary to allow the process of continuous improvement to occur will be explained as well VII. The Accreditation process, and its benefits for the MetroCom, will be discussed and the 20 Points of Accreditation will be reviewed. A document detailing the 20 Points of Accreditation will be reviewed with the combined committee and assignments are made with completion timeframes. VIII. The PDC project manager will provide the combined committee with a complete range of policy and procedures regarding the use of and compliance to the PDS and the QI process. These policies and procedures will be provided in a template MS Word format to allow the MetroCom to tailor them to local use and need. The combined committee will be asked to review and discuss these policies and procedures and, if necessary, amend them prior to their adoption. ACE Point 12 (Exhibit A) IX. The PDC project manager will conduct a review of the process of establishing response configurations, both in a spreadsheet provided by PDC, and in the ProQA Response Configuration Utility. The PDC project manager will also describe the importance that no field response plan changes are made within the implementation of the response configuration review process or at Go -Live. Once protocol compliance and accreditation standards are achieved this component becomes an important benefit of the PDS. Other upcoming system administration tasks will also be reviewed. The details of accomplishing these tasks will be covered later in a System Administration training day taught by PDC Software Support staff. X. Any IT/CAD issues that were not addressed in the initial IT Consult/Tech Evaluation, or that warrant more discussion or review from the combined committee, will be discussed. XI. The PDC project manager will provide template materials and discuss the need for, and then benefits of a public education program prior to PDS implementation. 4 XII. An agenda for the next meeting will be determined with assistance from the PDC project manager and a date set for that meeting. 5. The Contractor will conduct a Follow -Up Teleconference with Medical Director and MetroCom Administration C. PHASE 3 - The Contractor will provide the following Training/Certification Courses: 1. Management/Stakeholder Certification Course 2. Emergency Dispatch Certification Course(s) - ACE Point 3 (Exhibit A) a. All PDC Emergency Dispatch (ED) Certification courses are developed and approved by the IAED's Boards of Curriculum and meet or exceed all national criteria set by A.S.T.M., U.S Department of Transportation, the National Association of EMS Physicians, National Institutes of Health, and other recognized sanctioning bodies. b. IAED-certified instructors will provide instruction for MetroCom staff in the use of the Priority Dispatch System and other aspects of emergency dispatch and call -taking during these courses. c. All MetroCom Dispatchers will be required to certify in both Medical and Police Dispatcher courses. I. The courses will train participants through instructor -led lecture, discussion, audio -video segments, hands-on practice, and role- playing. The dual coursework, which is taught over five days, will offer participants 48 hours of classroom time with ample opportunities to learn and practice with the protocols. 3. ProQA Software Training Course a. ProQA software training is an eight-hour (both disciplines) hands-on course where each participant will learn, through demonstration and practice, to proficiently and confidently navigate through the ProQA software. By the completion of this course, MetroCom staff members will be able to process any type of call using the ProQA software in place of the manual protocol cardsets. 4. The Emergency Dispatch Quality Assurance (QA) Software, ED -Q, Certification Course - ACE Points 4 & 7 (Exhibit A) a. ED -Q certification for Quality Assurance Personnel ONLY I. This intensive 16 -hour training program provides MetroCom QI staff with the knowledge base to measure effective performance metrics and assists with the implementation of a quality management records system and develop continuing dispatch education process that addresses identified performance problems. 5 5. AQUA Software Training Course a. AQUA QA/QI software training is an eight-hour, hands-on course where each attendee will learn through demonstration and practice to proficiently and confidently navigate through the software. 6. System Administration Training a. City IT Staff, in-house CAD, select Supervisors, and the Communications Administrator will attend a four -to -six hour, hands on training session with a PDC IT/System Implementation Specialist Participants will learn through discussion and practice to proficiently navigate through the administrative features of the ProQA software. 1. System Administration Training is detailed in this document as included in the Training Phase of the implementation, however, it can only occur after the PDS software installation is completed. 7. Field Orientation/Distribution of Field Responder Guides - ACE Point 11 (Exhibit A) a. All field responder personnel in the service area affected by the implementation will receive a tutorial on the purpose of the PDS and its anticipated impact on field operations/response. 8. Field Responder Training - ACE Point 11 (Exhibit A) a. With new implementations, a brief multi -media training session will be provided specifically targeting the field responders (no additional cost). 9. Secondary Emergency Notification of Dispatch (SEND) Card Orientation - ACE Point 14 (Exhibit A) a. As an integral part of both Medical and Police implementations, PDC will provide credit-card size individual protocols to be issued to co - responding personnel and associated entities (no additional cost). These cards detail the minimum information necessary when either police officers request EMS response or EMS requests police response from MetroCom. Involved agencies and personnel will be provided with a short training session when these cards are issued specifically detailing their purpose. This training session is available in a CD-ROM format and will typically be facilitated through the existing training organization (s) with the assistance of the PDC project manager. 10.Active Assailant Training Course Access a. This 4 -hour course gives 9-1-1 dispatchers/call-takers an in-depth understanding of how to use the International Academies of Emergency Dispatch Active Assailant (Shooter) Protocol 136 to gather crucial information and rapidly deploy responders. D. PHASE 4 - The Contractor shall provide the following installation/Configuration/ Accreditation tasks: 6 1. ProQA Software/XLerator Server Installation Configuration with MetroCom CAD a. A PDC IT/Implementation Specialist will install and configure the ProQA software on MetroCom's dispatch consoles. The interface with CAD will be tested and connections and security settings will be verified. When the software installation is completed, test cases will be created, run and the results documented. If software training has been scheduled but not completed yet, the software will also be installed on training machines during the installation day. b. The PDC IT/Implementation Specialist will assist City IT staff with a review of local response configurations and CAD codes and their input and configuration in CAD. c. XLerator Server will be installed and configured on MetroCom's server and its connectivity with ProQA tested. d. After the ProQA software has been installed, and the CAD interface has been verified and tested, all communication center personnel, with responsibility for processing calls, will be given ample opportunity to process test calls with the PDS system in conjunction with the fully functioning CAD interface. These test calls will be processed in a test environment - not in live CAD, if possible. 2. AQUA Software Installation a. The AQUA software will be installed and configured on the MetroCom- designated location/workstation (s) and its connectivity with the XLerator Server will be tested. b. The PDC IT/Implementation Specialist will train City IT staff on the aspects of inputting MetroCom's specific information. 3. CAD Response Code Table Development - ACE Point 15 (Exhibit A) a. The PDC project manager will assist MetroCom's administrative and IT staff with the development and configuration of CAD tables to record the PDC alphanumeric determinant codes. 4. Accreditation a. The PDC project manager will assist in completing any remaining items that must be completed at this point of the implementation. Deadlines will be set for the remaining points of accreditation. E. PHASE 5 - The Contractor will perform the following System Startup/Go-Live meetings and activities: 1. Pre -Go -Live DRC/QIU Meeting a. The PDC project manager will attend this meeting on site or via teleconference. b. Topics discussed and items acted on during that meeting will include the following: I. Review progress of the full implementation plan and make corrections as necessary to accommodate Go -Live date. II. Review proposed draft system policies and approve or modify as necessary, setting final approval, and by the Dispatch Steering Committee, the implementation the date prior to Go -Live. ACE Point 12 continued (Exhibit A) III. Review plan for, and schedule, field responder orientation. ACE Point 15 continued (Exhibit A) IV. Review plans and monitor progress and/or schedule dates for community -wide public education activities in the service area affected by the PDS implementation. PDC can provide materials and assistance to facilitate an effective public education program. V. Verify that the CAD/ProQA interface is running and functioning as expected through the completion of the CAD Interface sign -off process. VI. Verify that all communication center personnel with responsibility for processing calls have been given ample opportunity to process test calls with the PDS system in conjunction with the fully functioning CAD interface. 2. Go-Live/Initiate Use of the Priority Dispatch System a. On the selected Go -Live date and time, MetroCom will start using the system to process 9-1-1 calls. b. The PDC project manager, a PDC IT/Implementation Specialist, and any required discipline specific consultants, will be on site for the Go -Live to provide support, guidance, and IT troubleshooting if needed. PDC staff time on site will be driven by the size of the implementation but will always be no less than a minimum of one day. 3. Go -Live On -Line Training a. In the initial stages of the implementation, the role of the members of the QIU will be to act as on-line trainers, providing support to the communications center staff using the system. b. This on-line training support by the members of the QIU should be constant for the first four weeks of the implementation but should be continued on an on-going basis as needed. 4. Initial Quality Improvement Case Review a. At the end of the initial twenty-four hour Go -Live period, the evaluation of randomly selected calls by the QIU will commence. 8 I. The PDC project manager will provide guidance and feedback on this process. b. The members of the QIU will review and provide feedback on individual cases to the dispatch staff supervisors, who will then provide feedback to the communication center staff that processed the calls. I. If necessary, remedial training activities may start to be scheduled at this time to address any identified issues immediately (no additional cost). F. PHASE 6 - The Contractor will provide on-going quality improvement processes as follows to ensure a successful system: 1. Ongoing Case Review - ACE Point 9 (Exhibit A) a. The QIU through the DRC will schedule its activities to commence full case review and feedback on the numbers of calls required by IAED Accreditation standards. b. These requirements are: I. Agencies whose call volume is above 500,000 will be required to audit 1% of their cases. II. Agencies whose call volume is between 43,333 and 500,000 will be required to audit a percentage ranging between 3% and 1% based on the Academy sliding scale calculator (available on the IAED website). 1) The AQUA software will assist the QIU in providing compliance reports which can be measured against Accreditation requirements. 2) The PDC project manager will provide assistance and support to the QIU and DRC in the interpretation of the results from data gathered during the QI process. 2. Continuing Dispatch Education (CDE) Program - ACE Point 13 (Exhibit A) a. Based on information gathered during the QI, process, the provision of CDE classes will commence no later than one month after implementation of the PDS. I. In partial fulfillment of the minimum IAED recertification requirement of 24 hours of CDE per two years, PDC recommends that you provide all communication center staff with a minimum of one hour of classroom -based CDE per month. b. The PDC project manager will consult with the QIU staff to develop pertinent and timely topics for CDE as needed. c. Implementation of the EMD Advancement Series for medical users will be implemented at this time. 9 G. PHASE 7 - POST GO -LIVE FOLLOW-UP: As part of the service, the Contractor will conduct the following teleconference and series of follow-up visits after the system has gone live to assess the progress and effectiveness of both the QIU program and the overall system implementation as well as to identify system performance issues and set benchmarks: 1. 30 -Day Follow -Up a. Thirty -days post Go -Live, the PDC project manager will conduct a teleconference (onsite optional if requested at no additional cost) with the QIU and members of the DRC to assess the progress and effectiveness of both the QI program, and the over-all system implementation. b. The PDC project manager will review ProQA, AQUA, and CAD data to assess for system performance issues and benchmarks. c. Over-all System Implementation I. The PDC project manager will assess the progress of the implementation and its over-all impact on the communication center. II. The PDC project manager will offer solutions for operational and administrative issues encountered, and review policies and procedures pertinent to the implementation. d. Accreditation III I. The PDC project manager will schedule an appointment to review completed accreditation points 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 outlined in Exhibit A. II. The PDC project manager will assist in completing any remaining items that must be completed at this point of the implementation. Deadlines will be set for the remaining points of accreditation. 2. 60 -Day Follow -Up - ACE Point 16 (Exhibit A): a. Sixty -days post Go -Live; the PDC project manager will conduct a site visit and meet with the QIU and the combined committee. b. The topics discussed and acted on at those meetings will include the following: I. The QI issues assessed during the 30 -day post Go -Live teleconference will be revisited, and feedback and further solutions offered as necessary. II. The PDC project manager will review additional QI data to include overall communications center performance and make recommendations for corrections or enhancements as necessary. 10 III. The PDC project manager will review a statistically significant amount of MetroCom's calls for a comparison of on-site QI staff performance to IAED ED -Q performance standards. Any significant differential encountered will be addressed with specific training and policy solutions. IV. The PDC project manager will review ProQA, AQUA, and CAD data to assess for system performance issues and benchmarks. Any issues or problems noted will be addressed with specific training and policy solutions. V. The PDC project manager will assist the combined committee with starting the planning process for modifying response assignment plans (configurations and modes) if so desired. The potential modifications would include considerations for: 1) Multi -tier vs. single tier response (MetroCom agencies or outside resources) 2) Emergency (HOT) vs. non -emergency (COLD) response (lights - and -siren) 3) Fine tuning resource allocation VI. The PDC project manager will assist the combined committee with analyzing the prior 60 days of ProQA, AQUA and CAD data with the focus on resource utilization, community, and system needs. VII. The PDC project manager will advise and assist the combined Committee as needed with a plan to inform/train field response personnel with respect to the modified response plan. 3. 90 -Day Follow -Up: a. Ninety -days post Go -Live; the PDC project manager will conduct a site visit and meet with the combined committee. b. The PDC project manager will review ProQA, AQUA, and CAD data to assess for system performance issues and benchmarks. c. The over-all implementation project will be reviewed, to include; call - taking processes, the technical installation and function, QI processes, results and compliance scores. d. Any outstanding issues noted will be documented and corrective action taken. 4. Evaluate Modified Response Plan - the Contractor shall evaluate any modified response plans after the 90 Follow up. 5. Follow -Up Visits/Assessment a. The PDC project manager will work with MetroCom to schedule and conduct two site visits a year (no additional cost). 11 I. The purpose of these visits will be to assess the on-going efficiency and effectiveness of the implementation to include the points of accreditation. II. Feedback and support will be provided as necessary to assure the highest level of performance for MetroCom's system (at no additional cost). H. PHASE 8 - 180 Day Follow-up and Accreditation Application Review: - ACE Point 10 (Exhibit A) The Contractor will perform the following tasks: 1. System Assessment and Review a. At the end of 6 months, the final Points of the accreditation process to be completed will be 7, 9, 10, and 17. b. In addition to supporting you with completing these Points, the PDC project manager will assist you in conducting a pre -Accreditation assessment and review of MetroCom's system, inclusive of all required Accreditation elements. c. The PDC project manager will provide full support to assist MetroCom with defining and gathering the final documentation necessary to make a successful application to the International Academies of Emergency Dispatch to achieve becoming an Accredited Center of Excellence. 2. Accreditation Site Visit a. Prior to MetroCom's Accreditation application being submitted, an IAED Accreditation representative will conduct a site visit (no additional cost). I. The purpose of that site visit will be to conduct an assessment of MetroCom's fully implemented system with respect to Accreditation items and review MetroCom's Accreditation application. II. Based on the findings of that assessment and application review, the Accreditation representative will either make specific recommendations for items that need to be improved on or recommend immediate submission of the application. I. PHASE 9 - Program Maintenance and New Hire Training 1. The Contractor (PDC) will provide MetroCom with the following: a. Continuing support and provision of reasonable technical assistance for all aspects of the PDS; b. Continuing review and comment upon MetroCom's suggested modifications to response configurations; c. Provision of the latest improvements to the PDS, to keep MetroCom current for standard -of -care -practice, and medical -legal reasons. 12 d. Updates to the current version of the PDS will be provided free of charge. e. Upgrades to new versions will be charged at a proportion of the original license cost. f. Software maintenance is provided for via the maintenance portion of the contract. 1. The following will be supported: 1) Provision of MetroCom's currently authorized PDS trainer(s) with timely updates to all PDS and PDC training materials, and assistance in having such trainer(s) meet and keep current with the IAED's then -current PDS trainer certification requirements. 11. Assistance in maintaining IAED accreditation as an Accredited Center of Excellence. 111. 20 New Hire -Training Certifications per maintenance year are included. J. Timeline/Summary of Services: Service will commence and continue over a six-year period during which time the Contractor must provide all software. Hardware, trainers, on-line access and maintenance to complete the aforementioned Scope of Work. The City of Corpus Christi is responsible for providing a CAD Interface allowing vendors software to integrate with CAD, access to training rooms and employees as needed, server access as needed and approved prior to project initiation. 13 Exhibit A: NAED 20 Points of Accreditation The following are the standards the MetroCom must meet in order to be eligible for Accreditation by the International Academy of Emergency Dispatch as an Accredited Center of Excellence. 1 Communications Center Overview and Description - Total number of stations and how many are active (call -taking) versus supervisory or standby. Floor Plan. Any current Accreditations. 2 PDS Version and Licensing Confirmation - List all Protocol and software license numbers. Documentation of most recent version of all protocols, software. 3 Current Academy Certification of All Call Processing Personnel - List all ED's to include name, certification date, (re)certification date, & certification number. 4 All Certification Courses by Academy -Certified Instructors and Case Review by Academy -Certified ED -Q's - List all in-house instructors and ED -Q's to include name, certification date, (re)certification date, & certification number. 5 Full Activity of Oversight Committee Processes - Provide copies of agendas and minutes of 3 meetings minimum in 6 months preceding application. List names and titles of all members. List objectives and tasks of committees. 6 IAED Quality Assurance and Improvement Methodology - Provide complete description of methods used to evaluate ED performance in using all elements of the PDS per ED -Q standards; list how cases selected, number of cases reviewed, special case review practices, how performance is tracked, dates when case review started, scores shared and posted. 14 15 Consistent Case Evaluation That Meets/Exceeds Academy Minimum Performance Expectations - Numbers of cases reviewed that meets standard based on MetroCom call volume (Numbers as noted in Phase -5 Ongoing Quality Review, A. On -Going Case Review earlier in this document). List total number of calls last 6 months, total number of cases reviewed same time frame. 8 Historical QI Data from Start of Structured QI Process (First QI Summary Report) - Include baseline QI summary report from AQUA or equivalent. Include Determinant Drift report or equivalent. q Monthly Case Evaluation Compliance Scores for 6 Months Preceding Application at or Above Accreditation Levels - Include a total of six MetroCom ACE Standard Reports, one for each month preceding the accreditation application. Compliance in the final three MetroCom ACE Standard Reports must be compliant with current accreditation compliance levels. Include Determinant Drift Report showing risk and waste at 5% or less for 3 months preceding application. 10 Verification of Correct Case Evaluation and QI Technique Validated through Independent Academy Review - Provide copies of 25 case review audio files with completed Case Evaluation Records. 22 of these calls selected at random from 1 -month period preceding application. State process for random selection of calls. Include 3 cases involving PAI's (first PAI case in each of 3 preceding months). This point is excluded if National Q Services are in place. 11 Implementation/Maintenance of PDC Orientation and Feedback Methodology for All Field Personnel -Describe field personnel orientation process; include copies of any training material used; list the total number of Field responder Guides distributed and dates. Describe field feedback methodology; include copy of feedback form and dates distributed. 15 12 Verification of Local Policies/Procedures for Implementation and Maintenance of EMD/EFD/EPD. Include All Policies - Include copies of all policies pertinent to specific disciplines; include all policies pertinent to protocol compliance; include policy reference ED's being removed from call-taking positions if certification expires. 13 Continuing Dispatcher Education (CDE) Program Documents - Provide copies of all documents for CDE schedules and topics for preceding 6 months; all ED attendance records; CDE schedule draft for next 6 months. 14 Secondary Emergency Notification of Dispatch (S.E.N.D.) Orientation - Include documentation of the S.E.N.D. implementation and orientation process; Include documentation of agencies trained; attendance records and training materials used. 15 Established Local Response Assignments for Each Determinant Code -- Provide a description of the process for developing response configurations. Include a list of all Determinant Codes and locally assigned response configuration (response plan). Include copies of all Steering Committee meeting minutes with verification that response configurations are approved. 16 Maintenance and Modification Process for Local Response Assignments to PDS Determinant Codes - Provide documentation of how local response assignments are regularly reviewed and changes are approved. 17 Communications Center Numbers of all PDS Codes and Level for 6 Months Preceding Application - Document each Chief Complaint; each Determinant Code and each Determinant Level. 18 Appointment and Involvement of Medical Director to Provide Oversight -- List name, address, license number, and country/state/province (or equivalent) in which the Medical Director is licensed to practice. Include copy of the documentation appointing Medical Director. List approved roles and responsibilities of Medical Director within the dispatch system. Note: with Fire and Police implementations, similar documentation will be required of the Chief Administrator of those systems. 16 17 Agreement to Share non-confidential data with the Academy - Include written verification signed by MetroCom senior executive, 19 agreeing to above requirement. Include written verification signed by MetroCom senior executive, agreeing to submit semi-annual compliance reports. Agreement to Abide by The Academy's Code of Ethics and Accredited Center of Excellence Standards -Include written 20 verification signed by MetroCom senior executive, agreeing to above requirement. Provide verification and date of prominent posting of Code of Ethics and location. 17 Attachment B - Bid/Pricing Schedule The Following Will be Funded Through a Homeland Security Grant Provided by Nueces County Line 1 Product Name : Initial First Year Implementation Pricing XLerator Client Server Suite Client server software application suite Qty 1 Unit Price $2,500.00 Amount $2,381.59 2 ProQA Police Software Licenses Automated calltaking software 11 $3,750.00 $41,250.00 3 ProQA Medical Training Software Licenses Training, non -live calltaking software 2 $1,875.00 $3,750.00 4 ProQA Police Training Software Licenses Training, non -live calltaking software 2 $1,875.00 $3,750.00 5 AQUA Case Review Software for EMD Quality Assurance (case review) software base engine and discipline module 1 $1,500.00 $1,500.00 6 AQUA Case Review Software for EPD Quality Assurance (case review) software base engine and discipline module 1 $1,500.00 $1,500.00 7 MPDS Backup Cardset License Licensed manual protocol set for backup 11 $495.00 $5,445.00 8 PPDS Backup Cardset License Licensed manual protocol set for backup 11 $495.00 $5,445.00 9 Protocol Training and Certification for EMD (Host) Materials, tuition and certification. Includes day, and night classes. 80 $340.00 $27,200.00 10 Protocol Training and Certification for EPD (Host) Materials, tuition and certification. Includes day, and night classes. 80 $340.00 $27,200.00 11 ED -Q Training and Certification for EMD (Host) Materials, tuition and certification (2 days, 16 hours) 2 $500.00 $1,000.00 12 ED -Q Training and Certification for EPD (Host) Materials, tuition and certification (2 days, 16 hours) 2 $500.00 $1,000.00 13 Active Assailant Course Registrations 1 $99.00 $0.00 Line Product Name: Initial First Year Implementation Pricing (Continued) Qty Unit Price Amount 14 ProQA Software Training for EMD/EPD (one 8 hour course) 2 or more disciplines require 8 hours of training 4 $1,500.00 $6,000.00 15 AQUA Software Training 8 -hour course 1 $1,500.00 $1,500.00 16 System Administration Training On-site training (up to 8 hours) for center management detailing program configuration and customization options 1 $1,500.00 $1,500.00 17 IAED Accreditation Application Fee EMD IAED fee for accreditation 1 $2,250.00 $2,250.00 18 IAED Accreditation Application Fee EPD IAED fee for accreditation 1 $2,250.00 $0.00 19 Implementation Support Package for EMD/EPD 1 $45,000.00 $30,000.00 20 ProQA ESP (P) M/P 10 $2,400.00 $24,000.00 21 Line Item Discount 1 $0.00 -$40,000.00 Discount $57,467.41 Subtotal $146,671.59 Estimated Tax $0.00 Total $146,671.59 The Following Will be Funded by The City Through General Funding Line Product Name: Initial First Year Implementation Pricing Qty Unit Price Amount 1 Mobile Software Training Lab (Daily Rate) Individual laptop computers and one configured server with the latest versions of ProQA, AQUA and XLerator software programs (short-term use) 5 $1,500.00 $7,500.00 2 XLerator Client Server Suite Client server software application suite 1 $2,500.00 $1 18.41 Line Product Name: Initial First Year Implementation Pricing (Continued) Qty Unit Price Amount 3 ProQA Medical Software Licenses Automated calltaking software 11 $3,750.00 $41,250.00 4 PPDS Quality Assurance Guide 8 $45.00 $360.00 5 MPDS Quality Assurance Guide 8 $45.00 Discount Subtotal Estimated Tax Total The Following Will be Funded Through Future Funding by The City $360.00 $2,381.59 $49,588.41 $0.00 49,588.41 Product: 5 -Year Maintenance Plan Qty Unit Price Amount Priority Dispatch System ESP (P) M/P System License Renewal, Service & Support. 5 year maintenance plan. 5 $26,400.00 $132,000.00 Optional - Protocol Training and Certification for EMD (Host) Materials, tuition and certification - Up to 20 certifications per year for 5 years. 100 $340.00 $34,000.00 Optional - Protocol Training and Certification for EPD (Host) Materials, tuition and certification. Up to 20 certifications per year for 5 years. 100 $340.00 $34,000.00 Subtotal Estimated Tax $200,000.00 $0.00 Total $200,000.00 $396,260.00 Grand To • Attachment C - Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate ERRORS & OMMISSIONS $1,000,000 Per Occurrence $1,000,000 Aggregate CYBER LIABILITY $1,000,000 Per Occurrence $1,000,000 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 WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2019 Insurance Requirements MIS Dept. IT Software Support, Configuration, Implementation and Maintenance - Hardware Installation 02/11/2019 sw Risk Management Bond Requirements: No bond requirements necessary for this Service Agreement; Section 5 (B) is null for this Service Agreement. Attachment D - Warranty Requirements Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. AGENDA MEMORANDUM Future Item for the City Council Meeting of April 09, 2019 Action Item for the City Council Meeting April 16, 2019 DATE: April 09, 2019 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Police Chief MikeMa@cctexas.com 361-886-2601 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2cctexas.com (361) 826-3169 Eventide Recorder Maintenance for MetroCom CAPTION: Resolution authorizing a five-year maintenance agreement for Eventide Recorder Maintenance with DigitalMarkets, Inc., dba Vista Com of Houston, Texas for a total amount not to exceed $49,901. PURPOSE: This item is to approve a five-year maintenance agreement with DigitalMarkets, Inc., dba Vista Com for maintenance services of Eventide Recorders for MetroCom. BACKGROUND AND FINDINGS: The City initially entered into a contract with VistaCom in 2015 to provide maintenance service and support for the Eventide recorders used by MetroCom personnel as part of the 911 emergency recording call system. Total expenditures to date with VistaCom for related services have exceeded $50,000; therefore, per policy, a new five-year maintenance agreement requires Council approval. This agreement is to provide maintenance service and support for three Eventide recorders; two digital recorders are in MetroCom's main Public Safety Answering Point (PSAP) located at 321 John Sartain St and one analog recorder is located at MetroCom's back-up PSAP located at 1000 International Drive. Eventide, Inc. has certified DigitalMarkets, Inc., dba Vista Com as a fully authorized 5 - star sole source provider. 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 FINANCIAL IMPACT: x Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $95,900 $40,728 $136,628 Encumbered / Expended Amount $80,900 $0 $80,900 This item $9,173 $40,728 $49,901 BALANCE $5,827 $0 $5,827 Fund(s): General Fund 1020-11802-151-530230 Comments: None RECOMMENDATION: Staff recommends approval of this action item. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet Resolution authorizing a five-year maintenance agreement for Eventide Recorder Maintenance with DigitalMarkets, Inc., dba Vista Com of Houston, Texas for a total amount not to exceed $49,901. WHEREAS, the Eventide Recorder Maintenance for MetroCom will be purchased for use by MetroCom 911 personnel; WHEREAS, this item is for the maintenance service and support of the Eventide Recorders for the 911 emergency recording call system used by MetroCom 911 personnel to provide Emergency Dispatch protocols for both medical and law enforcement scenarios; 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) (2), as this purchase is necessary to provide to preserve or protect the public health and safety of the municipality's residents; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a five-year service agreement with DigitalMarkets, Inc., dba Vista Com, of Houston, Texas for the purchase of Eventide Recorder Maintenance for MetroCom, for a total amount not to exceed $49,901. Page 1 of 2 The above resolution was passed by the following vote: Joe McComb Rolanda 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: CINDY RAMOS Service Agreement for Eventide Recorder Maintenance Sole Source DigitalMarkets, Inc. dba Vista Com Houston, TX ITEM DESCRIPTION UNIT UNIT PRICE EXTENDED PRICE 1 Year 1—Maintenance Agreement for Eventide Recorders 1 $9,173.00 $9,173.00 Year 2—Maintenance Agreement for Eventide Recorders 1 $9,577.00 $9,577.00 Year 3—Maintenance Agreement for Eventide Recorders 1 $9,980.00 $9,980.00 Year 4—Maintenance Agreement for Eventide Recorders 1 $10,384.00 $10,384.00 Year 5—Maintenance Agreement for Eventide Recorders 1 $10,787.00 $10,787.00 Total Price $49,901.00 SERVICE AGREEMENT NO. 68768 Eventide Recorder Maintenance for MetroCom THIS Eventide Recorders Maintenance for MetroCom Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and DigitalMarkets, Inc., dba Vista Com ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Eventide Recorders Maintenance for MetroCom in response to Request for Bid/Proposal No. SS 68768 ("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 Eventide Recorder Maintenance for MetroCom ("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 five year, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to 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 $49,901.00, 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: Kathleen Porche Department: CCPD MetroCom Phone: 361-886-2653 Email: kathleenp@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: Kathleen Porche Title: 9-1-1 Program Manager Address: 321 John Sartain, St., Corpus Christi, TX 78401 Phone: 361-886-2653 Fax: 361-826-4582 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: DigitalMarkets, Inc., dba Vista Com Attn: Dayna Bargas Title: Operations Manager Address: 9824 Whitham Dr., Houston, TX 77095 Phone: 800-708-6423 Fax: 281-516-7056 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties CONTRACTOR Signature: Printed Name:34 Title: Date: 3 k CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. SS 68768 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 ATTACHMENT A: SCOPE OF WORK PROJECT LOCATIONS 321 John Sartain St., Corpus Christi, TX 78401 & 1000 International Drive, Corpus Christi, TX 78406. SCOPE OF WORK A. Contractor shall provide the following for three Eventide recorders: • 24-hour 1-800 Technical support line • On-site Repair • Factory engineering support • Replacement parts and labor at no additional cost • Manufacturer software updates from the recording server and clients as released • Year-round exclusive software training support via Web -Ex sessions; VistaCom's customer portal; training manuals and collateral (updates to manual), and any refresher training needed. • 24-hour monitoring of System Network Manifest Protocol (SNMP) Traps and Alerts B. Contractor shall provide all software, hardware, on-line access and maintenance to complete the aforementioned Scope of Work. C. Two Eventide recorders are located at 321 John Sartain and one Eventide recorder is located at 1000 International Drive. D. Contract Administrator or designee shall provide access to recorders, as needed. Page lof 1 RFQ Revised 1.3.2018 ATTACHMENT B: QUOTE/PRICING SCHEDULE CITY OF CORPUS CHRISTI QUOTE FORM 1. Refer to "Sampie Service Agreement" Contract Terms and Conditions before completing quote. 2. Quote your best price, including freight, for each item. 3. In submitting this quote, vendor certifies that the prices in this quote have been arrived at independently, without consultation, communication, or agreement with any other vendor or competitor, for the purpose of restricting competition with regard to prices. Invitation to quote, FOB Destination, Freight Included, on the foliowing: DESCRIPTION QTY UNIT i UNIT PRICE PRICE TOTAL Year 1 1 EA $9173.00 $9173.00 Year 2 1 EA $9577.00 $9577.00 Year 3 1 EA $9980.00 $9980.00 Year 4 1 EA $10384.00 $10384.00 Year 5 1 EA $10787.00 $10787.00 TOTAL $49,901.00 COMPANY: VistaCom NAME OF PERSON AUTHORIZED TO SIGN: n�'�� ADDRESS: 9824 Whithorn Dr. CITY / STATE/ZIP: Houston, TX 77095Q PHONE: 800-7".: 6423 EMAIL: no ' 3sas �r C, V DATE: g Ci TITLE: 0 erQ- brIS I� FAX: SIGNATURE: THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS INSURANCE REQUIREMENTS: No insurance requirements necessary for this service agreement; Section 5. (A) is null for this Service Agreement. BOND REQUIREMENTS: No bond requirements necessary for this service agreement; Section 5. (B) is null for this Service Agreement. Page lof 1 RFQ Revised 1.3.2018 ATTACHMENT D: WARRANTY REQUIREMENTS WARRANTY REQUIREMENTS: No warranty requirements necessary for this service agreement; Section 8. (A) & (B) is null for this Service Agreement. Page lof 1 RFQ Revised 1.3.2018 AGENDA MEMORANDUM Future Item for the City Council Meeting April 09, 2019 Action Item for the City Council Meeting of April 16, 2019 DATE: April 09, 2019 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services Kimb2@cctexas.com (361) 826-3169 Plumbing Services for the Corpus Christi Fire Department CAPTION: Motion authorizing a one-year service agreement for plumbing services with Smart Plumbing Inc., of Corpus Christi, Texas for an amount not to exceed $48,367.50 with two one-year options for a total potential multi-year amount of $145,102.50. PURPOSE: This agreement will provide on-call plumbing services for the Corpus Christi Fire Department. BACKGROUND AND FINDINGS: Plumbing services will be provided at the 18 Fire Stations located throughout the City, the Fire Department's Warehouse, Old Station No. 5 and EMS Central. The Contractor will provide on-call plumbing services, hydro -jet maintenance services and annual backflow tests and certification. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received two responsive, responsible bids and is recommending the award to Smart Plumbing 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: Fire FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $662,490.79 $120,918.75 $783,409.54 Encumbered/Expended Amount $453,813.68 $0.00 $453,813.68 This item $24,183.75 $120,918.75 $145,102.50 BALANCE $184,493.36 $0.00 $184,493.36 Fund(s): General Fund 1020, Org. 12010. Acct #530210 Comments: The initial contract term total is $48,367.50 of which $24,183.75 will be funded in FY 2018- 2019. The total contract value will be $145,102.50 if all option years are executed.. RECOMMENDATION: Staff recommends approval of this action item. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Purchasing Division Buyer: Minerva Alvarado Bid Tabulation RFB No. 2070 Plumbing Services for CCFD Total $48,367.50 $58,000.00 Smart Plumbing Inc. Graf Plumbing, Inc. Corpus Christi, TX Corpus Christi, TX Item Description Unit QTY Unit Price Total Price Unit Price Total Price 1 Normal Labor Rate HR 325 $ 89.00 $ 28,925.00 $ 110.00 $ 35,750.00 2 After Hours Labor Rate HR 55 $ 133.50 $ 7,342.50 $ 165.00 $ 9,075.00 3 Back Flow Test & Certification EA 5 $ 120.00 $ 600.00 $ 135.00 $ 675.00 of Markup 4 Parts - Mark up % $ 10,000.00 15% $1 1,500.00 25% $12,500.00 Total $48,367.50 $58,000.00 SERVICE AGREEMENT NO. 2070 Plumbing Services for CCFD THIS Plumbing Services for CCFD Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Smart Plumbing Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Plumbing Services in response to Request for Bid/Proposal No. 2070 ("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 Plumbing Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for one year, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional one-year periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then - current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $48,367.50, 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: Gerardo Garcia Fire Department 361-826-8427 GerardoG@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 001 must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a 001 in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Gerardo Garcia Fire Captain 2406 Leopard, Corpus Christi, Texas 78408 Phone: 361-826-8427 Fax: 361-826-4228 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: Smart Plumbing Inc. Attn: Reed Glendenning President P.O. Box 81429, Corpus Christi, Texas 78468 Phone: 361-993-5039 Fax: 361-993-7838 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties CONTRACTOR Signature: Printed Name: Reed G =ndenning Title: President Date: 3-11-2019 CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 2070 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 Attachment A: Scope of Work 1. General Requirements/Background Information Contractor shall provide on call plumbing services for all Fire Stations, Fire Warehouse/Shop, EMS Central, and Old Station number five. 2. Scope of Work A. Contractor shall perform specified services 24 hours a day, 365 days per year on an as needed basis. The City will use prudent judgment when calling after regular working hours for specific services. B. Contractor shall receive work order requests and return phone requests within 30 minutes of a call being placed by the Fire Department or within a reasonable time frame of the call being placed. C. Contractor shall be on site within two hours, or within an agreeable time frame determined by the Fire Department and the Contractor, of receipt of work order requests. D. Contractor shall repair the plumbing deficiencies within 24 hours of arrival on site or have communicated with the Contract Administrator of any conditions that may delay work being completed within 24 hours. E. Contractor shall repair or replace parts that are necessary. All materials used must be factory new, unused and free of defects in materials and workmanship. Repair parts and components must conform to original equipment manufacturer's specification. F. Contractor shall provide a cost estimate for major repairs, defined as exceeding $1,000. Estimates shall include all labor, parts, and all other associated charges. The estimate shall be consistent with the pricing bid schedule. Estimates shall be submitted within one business day after any such repairs are deemed necessary. G. Contractor shall notify Contractor Administrator if any item or equipment covered under this contract is deemed non -repairable. H. Contractor shall dispose of all worn/defective parts, oils, solvents, in accordance with all applicable laws, rules, and regulations as to ensure the highest level of safety to the environment and public health. Page 1 of 4 1. Contractor shall not store worn or defective parts on City premises at the end of the work day unless otherwise specified by the Contract Administrator or designee. J. Contractor shall clean work site from debris or hazards at the end of every work day. K. Contractor shall provide new installations or repairs to existing plumbing systems including air, drainage, gas, irrigation, sewer, ventilation, and water including but not limited to: 1. Back flow devices 2. Ducts 3. Faucets 4. Fittings 5. Fixtures 6. Irrigation systems 7. Lavatories 8. Pipes 9. Sinks 10. Supply lines 11. Toilets 12. Valves 13. Ventilation lines or pipes 14. Water Heaters L. In addition, the Contractor shall: 1. Perform camera inspections, to be priced on labor hours 2. Hydro -jet clogged sewer lines 3. Perform hydrostatic test 4. Detect, identify the location of gas leaks and make necessary repairs 5. Test plumbing systems for leaks and other problems 6. Inspect plumbing systems, as requested, to identify and replace worn parts 7. Inspect back flow preventers as requested by the department 8. Submit the backflow inspection reports to the proper department Page 2 of 4 M. Contractors' employees working on site shall wear clothing with an identifiable logo bearing the name of the company visible from 15 feet at all times. All personnel shall be neatly dressed in shirts, safety shoes, and long pants. Shorts or torn clothing are not acceptable. N. Contractor shall take care to limit the interference with the day to day operations of the building occupants. Precautions should be taken at all times to protect pedestrians and building occupants during the work performance. O. Contractor shall submit a final work order or repair slip to the personnel on site at time of completion. Work order shall contain the following information: 1. Site location of repair 2. Repairs made 3. Times listed on vendor check in/out form 3. Work Site and Conditions The work shall be performed at the following Fire Stations and other CCFD facilities: STATION ADDRESS ZIP STATION ADDRESS ZIP 1 514 Belden St. 78401 12 2120 Rand Morgan Rd 78410 2 13421 Leopard St 78410 13 1802 Waldron Rd. 78418 3 1401 Morgan Ave. 78404 14 5901 S. Staples St. 78413 4 2338 Rodd Field Rd. 78414 15 14202 Commodores Dr. 78418 5 3105 Leopard St. 78408 16 8185 State Hwy 361 78418 6 6713 Weber Rd. 78413 17 6869 Yorktown Blvd. 78414 7 3722 S. Staples St. 78411 18 6226 Ayers St. 78415 8 4645 Kostoryz Rd. 78415 Warehouse 1501 Holly Rd. 78417 9 501 Navigation Blvd. 78408 Old Station 5 3312 Leopard St. 78408 10 1550 Horne Rd. 78416 EMS Central 209 S. Carancahua 78401 11 910 Airline Rd. 78412 Page 3 of 4 4. Contractor Quality Control and Superintendence A. The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. B. Contractor shall provide all necessary management, supervision, labor, equipment, materials, transportation, and supplies required to repair or alter plumbing systems. All work and services provided must be accomplished in a manner that meets all applicable original equipment specifications, trade standards and provisions, and federal, state and local codes and regulations. 5. Special Instructions A. Check -In 1. Contractor shall report to the station Captain, or to any CCFD personnel at the station upon arrival. If station personnel are unavailable, Contractor will contact the Contract Administrator to check in/out via phone. 2. Contractor shall check-in on the Vendor Check-in/out form. 3. If Contractor leaves the premises to obtain parts or other materials, station personnel must be notified, and these times will be listed on the form. B. Invoices shall include itemized records of the following: 1. Work description, location (station number) and date of repairs 2. Hours of labor, as listed on the Check In/Out Form 3. Include receipts for parts showing cost plus the allowed contract markup 4. Technician's name C. Warranty Warranty shall be one year for all parts/materials and labor. Page 4 of 4 Date: Bidder: 2/14/2019 Smart Plumbing Inc. CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 2070 Plumbing Services for CCFD Authorized Signature: PAGE 1 OF 1 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. • Quantities are based on a one-year estimated contract Item ;cription UNIT QTY Unit Price Total ;Price 1 Normal Labor Rate (M -F 8:OOam-5:OOpm) HRS 325 89.00 28,925.00 2 After Hours Labor Rate (M -F 5:01 pm-7:59am to include weekends and holidays) HRS 55 133.50 7,342.50 3 Back Flow Test & Certification EA 5 4 Parts - Mark up $10,000 120.00 Percentage of Markup 15% 600.00 Quantity PIus Markup Total Price 11,500.00 Total 48,367.50 Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part 11 of this Exhibit. $500,000/$500,000/$500,000 Page 1 of 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A - VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 5. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2019 Insurance Requirements CCFD Plumbing Installation, Maintenance, Repairs and Emergency Repairs 01/09/2019 sw Risk Management No Bond is required for this service. Page 3 of 3 Attachment D: Warranty Requirements Warranty shall be one year for all parts/materials and labor. Page 1 of 1 AGENDA MEMORANDUM Future Item for the City Council Meeting April 09, 2019 Action Item for the City Council Meeting of April 16, 2019 DATE: April 09, 2019 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services Kimb2@cctexas.com (361) 826-3169 Light Vehicle Repair & Services for the Corpus Christi Fire Department CAPTION: Motion authorizing a one-year service agreement for light vehicle repair & services for the Corpus Christi Fire Department with Sylvia Ann Barton, dba Leroy and Richards Automotive of Corpus Christi, Texas for an amount not to exceed $70,785.90 with two one-year options for a total potential multi-year amount of $212,357.70. PURPOSE: The purpose of this agreement will provide light vehicle repair & services for the CCFD. BACKGROUND AND FINDINGS: CCFD has over 140 units in its fleet. Currently, there are three full time City employees to service these vehicles. In order to maintain staff vehicles in the day to day operations, it is necessary to obtain an outside automotive repair and service company to expedite repairs needed and provide state inspections. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received one responsive, responsible bid and is recommending the award to Sylvia Ann Barton, dba Leroy and Richards Automotive. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Fire FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $586,581.48 $182,863.57 $769,445.05 Encumbered/Expended Amount $318,767.62 $0.00 $318,767.62 This item $29,494.13 $182,863.57 $212,357.70 BALANCE $238,319.73 $0.00 $238,319.73 Fund(s): General Fund 1020-12050-093-530100 Comments: The initial contract term total is for an amount not to exceed $70,785.90 of which $29,494.13, which is funded in FY 2018-2019. The total contract value will be $212,357.70 if all option years are executed. RECOMMENDATION: Staff recommends approval of this action item. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Purchasing Division Buyer: Minerva Alvarado Bid Tabulation RFB No. 1991 Light Vehicle Repairs & Services for CCFD Total $70,785.90 Sylvia Ann Barton, dba LeRoy and Richards Automotive Corpus Christi, TX Item Description Unit QTY Unit Price Total Price 1 Labor Rate HR 250 $ 90.00 $ 22,500.00 2 Computer Diagnostic Fee (per unit) EA 150 $ - no cost 3 State Inspection Fee EA 76 $ - no cost 4 21 Point Inspection EA 150 $ - no cost 5 Oil Change 5 Qts. SAE oil/filter EA 36 $ 31.99 $ 1,151.64 6 Oil Change 6 Qts. SAE oil/filter EA 28 $ 34.99 $ 979.72 7 Oil Change 7 Qts. SAE oil/filter EA 100 $ 36.99 $ 3,699.00 8 Oil Change 5 Qts. Synthetic oil/filter EA 24 $ 41.99 $ 1,007.76 9 Oil Change 6 Qts. Synthetic oil/filter EA 12 $ 46.99 $ 563.88 10 Oil Change 7 Qts. Synthetic oil/filter EA 3 $ 51.99 $ 155.97 11 Oil Change 14 Qts. Synthetic oil/filter EA 7 $ 103.99 $ 727.93 % of Markup 12 Parts - Mark up % $ 20,000.00 100% $40,000.00 Total $70,785.90 SERVICE AGREEMENT NO. 1991 Light Vehicle Repairs & Services for CCFD THIS Light Vehicle Repairs & Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Sylvia Ann Barton dba Leroy and Richards Automotive ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Light Vehicle Repairs & Services in response to Request for Bid/Proposal No. 1991 ("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 Light Vehicle Repairs & Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for one year, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional one year periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then - current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $70,785.74, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Ernie Villarreal Fire Department 361-826-8424 ErnieV@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 001 must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a 001 in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Ernie Villarreal Fire Captain 1501 Holly Road, Corpus Christi, Texas 78417 Phone: 361-826-8424 Fax: 361-826-4451 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: Sylvia Ann Barton dba Leroy and Richards Automotive Attn: Sylvia Ann Barton Owner 5544 Kostoryz Road, Corpus Christi, Texas 78415 Phone: 361-853-0423 Fax: n/a 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties CONTRACTOR Signature: Printed Name ?\\)em ‘ cCN4Thrl Title: OC�t1�F' Date: \c --A CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1991 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 Attachment A: Scope of Work 1. General Requirements/Background Information The Contractor shall provide light vehicle repairs and services to Corpus Christi Fire Department staff vehicles as outlined in this Scope of Work. Vehicles are categorized in two groups: Category 1 - up to 9,000 lbs. GVWR and Category 2 - 9,001 to 19,000 lbs. GVWR. 2. Scope of Work A. Contractor shall assure Corpus Christi Fire Department (CCFD) units will receive priority over other vehicles being serviced. B. Contractor shall conduct State Inspections for (CCFD) units. C. Contractor must be able to provide computer diagnostics on CCFD units. D. Contractor shall provide the following services to Staff, Command Staff, and some Ambulance units: 1. Air conditioning and heating system diagnostics and repair 2. Complete Brake system diagnostics and repair 3. Front suspension and rear suspension (shocks, struts, ball joints, bushings) 4. Complete electrical system diagnostics and repair 5. Engine tune ups (plugs, wires, etc.) 6. Engine cooling system diagnostics and repair (belts, hoses, water pumps, etc) 7. Drive line and axle diagnostics and repair (drive shafts, half shafts, differentials, CV -joints, U -joints, hub and wheel bearings) 8. Complete fuel system diagnostics and repair 9. Complete engine management systems diagnostics and repair (check engine light, evap. And environmental systems) E. When oil changes or mechanical services are provided, the Contractor shall conduct a 21 -point inspection. This service is done each time any unit comes in for service. F. Contractor shall provide invoices weekly to account payable with a copy of the invoice to CCFD. G. Contractor shall provide invoices for parts charged at the request of the CCFD. 10.21 Point Inspection 21 point inspection consists of: 1. Check tire pressure and tread depth 2. Brake fluid level (if level is low, unit will need brake inspection) 3. Visual inspection of exhaust system (holes, leaks, or loose components) 4. Check and fill windshield washer fluid 5. Visual inspection of shocks and struts (leaking oil, loose bolts, bad bushings) 6. Check oil level 7. Check steering system 8. Inspect under carriage (leaks or drips) 9. Visual inspection of belts 10. Check and lube lubrication points 11. Visual inspection of hoses 12. Check coolant level 13. Visual inspection of tires (crack, splits, gauges) 14. Check coolant protection level 15. Check air filter and housing 16. Check acid base concentration of coolant 17. Check power steering fluid level 18. Check turn signals (operation and bulbs) 19. Check transmission fluid level 20. Check all lights 21. Check drive axle condition (front wheel drive) and differentials and transfer case (4 wheel drives) 11. Warranty A. If automobile mechanical service rendered fails to perform satisfactorily from the date of invoice, then the same service as covered by original invoice will be rendered to the degree necessary to correct the faulty performance at no additional cost. B. Limited Lifetime Warranty does not apply to wears and tears. Items include brake pads, fluid changes, batteries, and similar items. 12. Special Instructions A. Vehicle repairs shall be serviced within half of normal business day unless parts need to be ordered or service requires extensive repairs that would normally require more than a day to complete. B. Repair hours to be based on Mitchel 1 labor guide. C. Contractor must provide receipt for cost of parts upon request. D. Contractor must be able to provide quote for labor and parts prior to starting repair. 135 v NC'BPOP I$g2 Date: il �f,, 21 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 1991 Light Vehicle Repair and Service for CCFD PAGE 1 OF 1 k Authorized /OPP Bidder:\C_C r-, Signature: /g 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. *Parts are an estimated quantity Item Description Unit QTY Unit Price Total Price 1 Labor Rate HR 250 2\ 'fir 2 Computer Diagnostic Fee (per unit) EA 150 -Vvr .�� 3 State Inspection Fee EA 76 N-C--�e.- '-«P 4 21 Point Inspection EA 150�e� 'F=c-e_'- 5 Oil Change 5 Qts SAE oil/filter EA 36 �\ Pq \ . t,,,lA 6 Oil Change 6 Qts. SAE oil/filter EA 28 ----\ -c-c:\ (DC-1q 71Z 7 Oil Change 7 Qts. SAE of/filter EA 100 --32.›. R e (tm 8 Oil Change 5 Qts Synthetic oil/filter EA 24 1-\,\.f \ -1,7'Ato 9 Oil Change 6 Qts. Synthetic oil/filter EA 12 'L-tllo.� �j)o-, 10 Oil Change 7 Qts. Synthetic oil/filter EA 3 Rs\ 1 aqri 11 Oil Change 14 Qts. Synthetic oil/filter EA 7 6 !• -A.-1t6 _ Item Description Unit Qty % Markup Total Price Pius Markup 12 Parts - Mark up (based on cost of parts) % $20,000 9r_) \Ib' 40. •s o Total `C•7'!��„ir:.�a,.; Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Fire Chief one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate GARAGE KEEPERS PHYSICAL DAMAGE COVERAGE including: 1. Physical Damage on a Direct Primary Basis Actual Cash Value of Vehicles While in Care, Custody or Control GARAGE KEEPERS PHYSICAL DAMAGE COVERAGE including: 2. Physical Damage on a Direct Primary Basis Actual Cash Value of Vehicles While in Care, Custody or Control 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Page 2 of 3 • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 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 CCFD Auto Mechanic Garage Services and Repairs - Off Site 02/20/2019 sw Risk Management No Bond is required for this service. Page 3 of 3 Attachment D: Warranty Requirements A. If automobile mechanical service rendered fails to perform satisfactorily from the date of invoice, then the same service as covered by original invoice will be rendered to the degree necessary to correct the faulty performance at no additional cost. B. Limited Lifetime Warranty does not apply to wears and tears. Items include brake pads, fluid changes, batteries, and similar items. Page 1 of 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 9, 2019 Action Item for the City Council Meeting of April 16, 2019 DATE: TO: Keith Selman, Interim City Manager March 19, 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 Dan Grimsbo, Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 Professional Services Contract O.N. Stevens Water Treatment Plant (ONSWTP) Clearwell No. 3 (Capital Improvement Program) CAPTION: Motion to authorize execution of a professional services contract with LNV, Inc. of Corpus Christi, Texas in the amount of $1,803,753 for design of O.N. Stevens Water Treatment Plant Clearwell No. 3. PURPOSE: This contract provides for engineering and design services to replace the existing treated water storage tank Clearwell No. 1 with a new treated water storage tank, Clearwell No. 3., at the O.N. Stevens Water Treatment Plant (ONSWTP). BACKGROUND AND FINDINGS: Existing Clearwell No. 1 is a concrete ground storage tank that holds four million gallons of treated water. High Service Pump Station No. 1 sits on top of Clearwell No.1 and pumps treated water from the tank into the distribution system. The tank and pump station were constructed in 1954 as a part of the original ONSWTP and are at the end of their useful life. A recent condition assessment indicated that the structural integrity of the concrete is nearly lost due to 65 years of vibration caused by the pumps mounted on top of the Clearwell. Repairs for long-term use are not possible, requiring a new Clearwell. Moreover, if taken offline for repair the Plant would lose Project No: 18131A 1 AB/CJ Legistar No.: 19-0342 Rev. 2— 3/27/2019 some of its emergency storage of finished water. Its archaic, square design contains areas of poor water flow and mixing which can jeopardize water quality. Additionally, the headworks of the existing Clearwell No. 1 contain a hydraulic bottleneck, and its capacity of only four million gallons conflicts with ongoing efforts to increase the overall Plant's capacity to 200 MGD to meet growing water demand. The proposed project will deliver a new, ten million -gallon Clearwell No. 3 and demolish the existing High Service No. 1 and Clearwell No. 1 structure. A new High Service Pump Station No. 3 is already being constructed under a separate project which will replace High Service Pump Station No. 1. This professional services contract provides for engineering design, bid, and construction phase support services. The following is a summary of the primary tasks: • Detailed field investigations and assessments of existing utilities • Drainage design and erosion protection for the sloping terrain • Structural design of the foundation, floor, wall, roof, and baffling system • Computational fluid dynamic modeling to optimize chemical dispersion and complete mixing in the Clearwell • Design for major reconfiguration of filter effluent piping to remove hydraulic bottlenecks and allow flexible diversion of flows for maintenance and in emergency situations • Determination of water quality monitoring plan and of associated sampling points and water quality analyzers • Design for reconfiguration of chemical feed piping and injection points • Design of electrical power system and process monitoring network for the new Clearwell, associated instrumentation, and water quality analyzers • Design for demolition of existing Clearwell No. 1, High Service No. 1, and of associated electrical and instrumentation systems and process piping • Participation in on-site workshops to evaluate existing operating strategies and alternatives to optimize treatment process, maintenance, and operating costs • Planning project execution risk management to avoid accidental disruption of ongoing operation and supplying treated water to the City during construction • Conduct design review workshops • Preparation of Preliminary Engineering Letter Report and of detailed construction and demolition documents • Provide bid and construction phase administration and technical support • Identification of additional improvements to enhance water supply, quality and TCEQ permit compliance ALTERNATIVES: 1. Authorize execution of professional services contract. (Recommended) 2. Do not authorize execution of professional services contract. (Not Recommended) OTHER CONSIDERATIONS: LNV was selected for this project under RFQ 2018-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. Conforms to FY 2019 Capital Improvement Program (CIP) Budget. Project No: 18131A 2 AB/CJ Legistar No.: 19-0342 Rev. 2— 3/27/2019 EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Ooeratina ❑ Revenue X Caaital ❑ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 1,500,000 26,500,000 28,000,000 Encumbered / Expended Amount This item 1,000,000 803,753 $1,803,753 Future Anticipated Expenditures This Project 50,000 24,558,000 24,608,000 BALANCE 450,000 1,138,247 1,588,247 Fund(s): Water Fund 4096 Comments: Activity: 18131 -A -4096 -EXP 550950 Fund Name: Water Fund 4096 (2015 CIP) Account No. 550950 (Professional Services) Project No. 18131A O.N. Stevens Water Treatment Plant Clearwell No. 3. Sequence No. Water CIP Sequence #9 RECOMMENDATION: City Staff recommend approval of an engineering design contract with LNV, Inc. for ONSWTP Clearwell No. 3 design, bid, and construction phase services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract Project No: 18131A 3 AB/CJ Legistar No.: 19-0342 Rev. 2— 3/27/2019 PROJECT BUDGET ESTIMATE O. N Stevens Water Treatment Plant Clearwell No. 3 (Capital Improvement Program) PROJECT FUNDS AVAILABLE: Water Fund 28,000,000 TOTAL FUNDS AVAILABLE 28,000,000 FUNDS REQUIRED: Construction Fees. 22,000,000 Construction (ESTIMATE) 20,000,000 Contingency (10%) 2,000,000 Construction Inspection and Testing Fees. 1,206,000 Construction Inspection (Estimate) 980,000 Construction Material Testing Services (Estimate) 226,000 Design and Geotechnical Fees. 1,803,753 Engineer (LNV, Inc.) THIS ITEM 1,803,753 Geotechnical Testing Services (Estimate) 226,000 Reimbursements. 1,402,000 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 560,000 Engineering Services (Project Mgt) 840,000 Misc. (Printing, Advertising, etc.) 2,000 TOTAL 26,411,753 ESTIMATED PROJECT BUDGET BALANCE 1,588,247 624 -==\./ Odem SCALE: N.T.S. PROJECT LOCATION AN NAVI LLE 'Jo N c -J N Z U CORPU LE ROBSTOWN CORPUS CHRISTI INTERNATIONAL AIRPORT co m LOCATION MAP NOT TO SCALE O Project Number: 18131AI ONSWTP Clearwell No. 3 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Crrr sti Engineering O.N. Stevens Water Treatment Plant (ONSWTP) Clearwell No. 3 Council Presentation April 9, 2019 Project Location Carpus Cir 5ti engineering 2 Project Vicinity Corpus Carr sti Engineering Existing Clearwell No. 1 and High Service Pum • Station No. 1 e High Service Pump Station No. 3 Under Construction 3 Project Scope Corpus Chir sti Engineering This item replaces existing Clearwell No. 1 with new, upsized Clearwell No. 3 and demolishes existing structure. The following is a summary of engineering tasks: • Detailed field investigations and assessments • Design for tank foundation, floor, wall, roofing, and baffling • Design for major reconfiguration of plant water flow, removal of hydraulic bottlenecks, chemical injection, monitoring instrumentation, and power • Chemical dispersion modeling and water quality monitoring plan • Participate in on-site workshops to evaluate existing operating strategies and alternatives to optimize treatment process, maintenance, and operating costs • Preliminary Engineering Letter Report, design review workshops, and detailed construction documents • Provide bid and construction phase administration and technical support Identify improvements to enhance water supply, quality and TCEQ permit compliance Project Schedule Corpus Carr sti Engineering 2019 2020 2021 A M J J A s O N D J F M A M J J A s O N D J F M Design Preliminary Design Estimate: 705 Calendar Days = 24 months Projected schedule reflects City Council award in April 2019 with anticipated completion by April 2021 Corpus Chir sti Engineering Questions? Photos Corpus Carr sti Engineering T One of many cracks in concrete Aerial view of existing Clearwell and pump station 4 Inside the Clearwell T CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 18131A - O.N. Stevens Water Treatment Plan Clearwell No. 3 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and LNV Engineering, Inc., 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY CONTROL 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V OPINIONS OF COST 5 ARTICLE VI INSURANCE REQUIREMENTS 5 ARTICLE VII INDEMNIFICATION 5 ARTICLE VIII TERMINATION OF AGREEMENT 6 ARTICLE IX RIGHT OF REVIEW AND AUDIT 7 ARTICLE X OWNER REMEDIES 7 ARTICLE XI CONSULTANT REMEDIES 8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII MISCELLANEOUS PROVISIONS 9 EXHIBITS Contract for Professional Services Page 1 of 11 ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits Aand-A- 4—It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Contract for Professional Services Page 2 of 11 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II — QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $1,803,753.00. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices in compliance with the Texas Prompt Payment Act. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Contract for Professional Services Page 3 of 11 Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Contract for Professional Services Page 4 of 11 Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V — OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Contract for Professional Services Page 5 of 11 Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII — TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. Contract for Professional Services Page 6 of 11 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 When the City incurs non -value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) (2) (3) Summary of facts with supporting documentation; Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; Calculation of non -value added work costs incurred by the City; and Contract for Professional Services Page 7of11 (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management Contract for Professional Services Page 8 of 11 representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Professional Services Page 9of11 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re -use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature conceming the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third -Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review The Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. Contract for Professional Services Page 10 of 11 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severabilitv. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I -XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. 13.15 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. i CITY OF CORPUS CHRISTI _ LNV, I Jeff H. Edmonds, P.E. Date Director of Engineering Services APPROVED Assistant City Attorney Date ATTEST City Secretary Date n S. Leyendecker, P.E. resident 801 Navigation, Suite 300 Corpus Christi, TX 78408 (361) 883-1984 Office (361) 883-1986 Fax danl@Invinc.com Ioganb@Invinc.com 2- 2? Da e Fund Name Accounting Unit Account No. Activity No. Amount Water 2015 CIP 4096-041 550950 18131 -A -4096 -EXP $1,803,753.00 Total $1,803,753.00 Contract for Professional Services Page 11 of 11 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS O.N. STEVENS WATER TREATMENT PLANT CLEARWELL NO. 3 PROJECT NO. 18131A Project Description The O.N. Stevens Water Treatment Plant (ONSWTP) Clearwell No. 1 was constructed in 1954 with a capacity of 4 MG and has exceeded its design lifespan — showing severe deterioration. In addition, with imminent increase in capacity of ONSWTP, Clearwell No. 1 cannot meet the TCEQ requirement of minimum clearwell storage capacity. Therefore, the purpose of this project is to build a new Clearwell No. 3 at the ONSWTP to meet the requirements of treatment capacity and operations and to decommission Clearwell No. 1 with minimal impacts to daily plant operations. The Scope of Services included in this Contract include Preliminary, Design, Bid and Construction Phase Services plus listed Additional Services, as authorized. I. SCOPE OF SERVICES A. BASIC SERVICES 1. Preliminary Phase. The Engineer (also referred to as Consultant) will: a) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. b) Coordinate Scope of Work Requirements with the City's subconsultants for geotechnical engineering work. c) Request and review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. d) Develop preliminary requirements for utility relocations, replacements, or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. e) Develop tie-in protocols for utility relocations, replacements, or upgrades with City Operation Staff. f) Develop drainage area boundaries for existing and proposed drainage areas served. g) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. h) Review the Surface Water Treatment Rule and ensure the City complies with the rule and achieves a minimum 4 -log inactivation of viruses and 3 -log inactivation of giardia cysts. Confirm treatment credit through the plan treatment processes and clearwell capacity. i) Evaluate chemical injection points upstream of the clearwells and downstream of the filters to ensure adequate detention time between chemical feed points. The evaluation will include various mixing alternatives to ensure chemical dispersion and complete mixing is achieved. j) Evaluate water quality monitoring for water quality control at Clearwell No. 3. The following will be considered in the evaluation: 1. Water level measurement in the clearwell; 2. pH measurement of the filtered water into the clearwell; 3. water temperature measurement; 4. free and total chlorine residual and free ammonia concentrations for flow - paced, residual controlled chemical feed; Exhibit A Page 1 of 13 5. and fluoride concentration monitor at the effluent of the clearwell to inter- lock with the fluoride metering pumps to prevent overfeed of the chemical. k) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues. I) Provide regular progress meetings used to coordinate ongoing issues, discuss project status and obtain input from the City. Engineer will prepare meeting minutes and will finalize and distribute after review by the City's Staff. In addition to the progress meeting minutes, a decision and action item log will be prepared for the project by the Engineer and provided to the City throughout the Preliminary Phase after all progress meeting/workshops. The Decision/Action Item Log will track all decisions made during meetings and will be formatted per City's requirements and made available via share file provided by the Engineer. Scope Item Assumptions: 1. Meetings will be held at the Corpus Christi Utilities building. 2. Utilities and Engineering Services Staff will attend progress meetings. 3. Engineer's staff working on the project will remotely dial in by phone as necessary. Meetings: 1. Five (5) two-hour progress meetings (quarterly) with utility and engineering services staff through the Preliminary Phase. m) Coordinate the work of all subconsultants, including leading of meetings with subconsultants to coordinate completion of work and adherence to schedules. Meetings will be held bi-weekly (20 meetings total; 2 -hour duration) throughout the Preliminary Phase. n) Prepare a project schedule that summarizes all of the major tasks of the project and the critical path of the project. Engineer will update the project schedule as the project progresses or changes occur throughout the preliminary phase. o) Prepare opinion of probable construction costs based on the pertinent design scope identified in the draft and final engineering letter report. p) Prepare a drawing and specification index that identifies the anticipated drawings and specifications that will need to be developed during the design phase. q) Provide quality assurance reviews of the draft and final engineering letter report to ensure scope of work pertinent to City requirements is being met. r) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. Exhibit A Page 2 of 13 2. Include summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Provide updated project schedule. 6. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues. 7. Provide power and lighting requirements in addition to controls and instrumentation with integration into the existing SCADA system to incorporate Clearwell No. 3 into water system operations. Include electrical and instrumentation to be removed with the decommissioning and/or removal of Clearwell No. 1. 8. Provide anticipated index of drawings and specifications. 9. Provide draft Risk Management Plan. s) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. t) Submit computer model file, results and calculations used to analyze drainage. u) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. v) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (Engineer to coordinate with City Operating Department) e) Applicable Master Plans and GIS mapping are available on the City's website. f) City Control survey Bench marks and coordinates. g) User requirements for chemical injection monitoring and controls and parameters for electrical and instrumentation to be removed with the decommissioning and/or removal of Clearwell No. 1. The records provided for Engineer's use under this contract are proprietary, copyrighted, and authorized for use only by Engineer, and onlvfor the intended purpose of this project. y unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the Engineer will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). Exhibit A Page 3 of 13 c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems (as necessary) within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Include in the construction documents a separate specification for testing, training, and facility start-up. The specification shall include the following: 1. Start -Up Plan; 2. Performance Testing; 3. General Start-up and Testing Procedures; 4. Functional Testing; 5. Operational Testing; 6. Certificate of Proper Installation; 7. Services of manufacturer's representatives; 8. Training of OWNER's personnel; 9. and Final testing requirements for the complete facility. e) Provide services during the design phase for process automation system development. Engineer will provide the following services in addition to the required SCADA documentation: 1. Provide Engineering Services to solicit from the Owner and document User Requirements Specifications (URS) for the Process Automation. 2. Provide Engineering Services to develop Detailed Functional Specification (DFS) and Sequence of Operation (SOO), based on User Requirements. 3. Provide Engineering Services to determine and specify all control system configuration parameters, such as PID parameters, setpoints, and alarm levels required to achieve correct operation, alarming, and emergency notification and response of the automated control system. These Engineering Services shall also specify parameters for new pumps and equipment, as well as modifications to control system parameters for existing equipment. 4. Provide Engineering Services to develop Integration, Verification, and Validation (IV&V) documentation. Develop phased testing and acceptance plan for the new control system. Develop all required testing scenarios, checklists, acceptance and sign -off documentation, installations and cutover sequence, and other quality control and acceptance documentation to be used by the contractor. f) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". 1. Provide Storm Water Pollution Prevention Plan, including construction drawings. g) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. h) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. Exhibit A Page 4 of 13 i) Provide one (1) set of the pre -final plans and bid documents (90% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. j) Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non -responding participants as appropriate and, upon Notice to Proceed. k) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. I) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City - provided review comments or provided submittals in accordance with City standards. m) Provide regular progress meetings used to coordinate ongoing issues, discuss project status and obtain input from the City. Engineer will prepare meeting minutes and will finalize and distribute after review by the City's Staff. In addition to the progress meeting minutes, a decision and action item log will be prepared for the project by the Engineer and provided to the City throughout the Design Phase after all progress meeting/workshops. The Decision/Action Item Log will track all decisions made during meetings and will be formatted per City's requirements and made available via share file provided by the Engineer. Scope Item Assumptions: 1. Meetings will be held at the Corpus Christi Utilities building. 2. Utilities and Engineering Services Staff will attend progress meetings. 3. Engineer's staff working on the project will remotely dial in by phone as necessary. Meetings: 2. Five (5) two-hour progress meetings (quarterly) with utility and engineering services staff through the Preliminary Phase. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the Project. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy of the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. Exhibit A Page 5 of 13 3. Bid Phase. The Engineer will: a) Attend pre-bid meeting. b) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding (assume up to four (4) addenda). c) Attend bid opening. d) Review bids and bidder references for completeness, balance of bid items, and responsiveness and shall prepare a tabulation of bid prices. e) Recommend contract award, based on the lowest responsive and responsible bidder. f) Attend City Council Meeting readings and provide support to City Staff as needed during presentation. The City staff will: a) The City will designate an individual to have responsibility, authority and control for coordinating activities for the construction contract award. b) The City will provide the budget for the project specifying the funds available for the construction contract. c) The City will provide the City's updated standard specifications, standard detail sheets, standard and special provisions and forms for required bid documents. d) The City will arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. e) The City will advertise the projects for bidding, main the list of prospective bidders, receive and process deposits for all bid documents, issue (with assistance of Engineer) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. f) The City will receive the ENGINEER's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. g) The City will prepare, review, and provide copies of the contract for execution between the City and the Contractor. h) This Scope of Services does not include time for the ENGINEER to assist the City in the event of bid protests 4. Construction Administration Phase. The Engineer will perform contract administration as described below on a Time and Materials basis as authorized by City Staff via written request. Services shall not exceed the fee established in Exhibit 'A' without written authorization from the Director of Engineering Services. Contract administration services performed by the Engineer shall include the following: a) Attend pre -construction meeting conference. b) Review Contractor submittals and maintain a submittal log. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits (two (2) per month) to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative Exhibit A Page 6 of 13 f) g) h) observation or continuous monitoring of the progress of construction. The anticipated construction duration is 24 months. Assist City staff with preparation of change orders, as authorized by the City. Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities during the construction phase. b) Prepare applications/estimates for payments to contractor. c) Prepare Change Orders. d) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. Engineer may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The Engineer shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The Engineer will prepare this documentation for all required signatures. The Engineer will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b) TxDOT utility and environmental permits, multiple use agreements c) Wetlands Delineation and Permit d) Temporary Discharge Permit e) NPDES Permit/Amendments (including SSC, NOI NOT) f) Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g) Nueces County h) Texas Historical Commission (THC) i) U.S. Fish and Wildlife Service (USFWS) j) U.S. Army Corps of Engineers (USAGE) k) United States Environmental Protection Agency (USEPA) I) Texas Department of Licensing and Regulation (TDLR ) m) Texas General Land Office (TGLO) n) Other agency project -specific permits (Development Services Building Permit) Exhibit A Page 7 of 13 2. Topographic Survey. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third -parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. Surveying services, related to subsurface engineering (SUE) shall be provided as part of the scope of work for SUE (Additional Service 11, below). i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 3. Environmental Issues. Utilize the findings/conclusions provided in the Phase 1 Environmental Site Assessment (ESA) previously performed for City Project E11066 — O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 project. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. Anticipated scope of work includes an asbestos and lead survey to include sample collection and analysis, and a final report outlining results. Presence or absence of other hazardous materials (such as bulk chemical storage) and/or contaminated soils will additionally be assessed and, if necessary, a scope of work to address will be developed. 4. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Start-up Services. Provide start-up services to assist in the transfer of finished work from a construction status to an operating, functional system(s). The services to be provided for this task include the following: • Assist the City in start-up testing and equipment troubleshooting for transferring operations from use of Clearwell 1 to use of new Clearwell 3. Exhibit A Page 8 of 13 Compile the operations and maintenance manuals for the City and confirm operation and maintenance requirements. Coordinate overall system training and review/submit training material to City for pre -review prior to training classes provided by the Contractor. Review of As -Built drawings based on the final construction of the Clearwell 3 and component changes required for Clearwell 3 operations. Instrument calibration assistance as required. Scope Item Assumptions: Contractor is responsible for preparing, testing, and cleaning equipment prior to start-up as detailed in the project specifications. • City to maintain start-up checklists. 6. Risk Management Plan. Provide a complete Risk Management Plan that will serve as a communication tool to manage and control those events that could have a negative impact on the project. The plan will serve as the controlling document for managing and controlling all project risks. The plan will address the following: a) Risk Assessment b) Risk Mitigation c) Risk Contingency Planning d) Risk Tracking and Reporting Included in the plan will be a risk impact assessment matrix that will assign risk ratings to risks or conditions based on combining probability and impact scales. A series of three (3) workshops (no more than 4 hours each) will be conducted with the City to continuously evolve and maintain the Risk Management Plan throughout the life cycle of the project. 7. Project Coordination. Provide coordination as necessary with other on-going projects at ONSWTP that have overlapping project drivers. The purpose of this task is to communicate project requirements to promote continuity across multiple projects for ONSWTP. The services to be provided under this task include attendance to meetings and/or phone conference calls with City and other design consultants to jointly discuss and communicate project requirements. Scope Item Assumptions: • Twenty-six (26) meetings total, two-hour meetings (occurring every two months) with project representatives from other ongoing ONSWTP projects throughout the Clearwell 3 project duration. 8. Contact Time (CT) Evaluation. Provide services to evaluate the current contact time (CT) throughout the plant including consideration of chlorine dioxide system. The following scope of services will be included for this task: • Develop a CT test procedure in collaboration with ONSWTP staff. Hydrofluosilicic acid step feed method will be used to monitor short circuiting in the clearwell at the ONSWTP and to measure the T10 value and confirm T10/Td or baffling factors as needed. • Confirm the CT available vs. CT required according to the Surface Water Treatment Rule. The test results will be used for the CT calculations by plant SCADA systems. Verify CT results at one (1) flow rate after Clearwell 3 has been completed and is in operation to validate results of the CT Evaluation. Hydrofluosilicic acid step feed method will be used to monitor short circuiting in Clearwell No. 3 at the ONSWTP. Exhibit A Page 9 of 13 The City will: • Provide historical documents and previous CT studies performed ONSWTP. • City will provide fluoride chemical and temporary pumping systems (if full plant CT is evaluated) 9. Computational Fluid Dynamics (CFD) Modeling. Provide services to perform Computational Fluid Dynamics (CFD) modeling of the proposed clearwell to determine baffling and mixing requirements to ensure no stagnant water locations. Services will include review design criteria for the Clearwell 3, including the following parameters: plant flow, giardia log inactivation, chlorine residual concentration, minimum temperature, pH, baffling factor T10/Td, volume required for disinfection, volume required for equalization, total volume required, and required clearwell volume. CFD modeling will be performed according to the baffling wall design to achieve the superior baffling factor. CFD model simulations will be performed for up to four (4) alternative design layouts for minimum, average, and maximum flow conditions. 10. Clearwell 1 Demolition. Develop plans and specifications to demolish and remove the Clearwell 1 and High Service 1 structures including the concrete pipe vault connected to the northside of the structures. Services will include removal of abandoned piping as necessary in addition to properly grading the area affected by the structural removal. Services will also include demolition and removal of all electrical, instrumentation, and control components existing at the structures in addition to the inspection and testing required to determine hazardous materials directly related to the structures and mitigation required for removing any hazardous materials found. This is anticipated to include an asbestos and lead survey to include sample collection and analysis, and a final report outlining results and areas requiring mitigation, should either asbestos or lead be found. 11. Subsurface Utility Engineering. Provide Level A Subsurface Utility Engineering (SUE) services for the project. Subsurface Utility Engineering services are divided into four (4) levels (Level A through Level D). Level A Services involve physically locating the utility by different geophysical methods. Once the utility is located, its coordinates are noted by survey measurements. The purpose of performing Level A SUE services for the project is to ensure no conflicts occur between the proposed construction and existing utilities at the ONSWTP. The Engineer will coordinate the field surveying to help locate subsurface utilities using geophysical methods in the proposed construction area. The vertical and horizontal location, size, pipe material and configuration of the utility line will be recorded. LNV will transfer the data obtained from the field to update utility base maps and project design plans. LNV will also coordinate with the City regarding potential utility crossings and conflicts. The Engineer will provide the following services: a) Sub Surface Utility Engineering (Level A) 1. Sub Surface Utility Location and Data Recording. 2. Coordinate with Texas 811 and City to determine the approximate location of underground utilities to be exposed. 3. Utilize Hydro Vac Methods to expose underground utilities and survey to record exact horizontal and vertical location. Once the survey work is complete, each SUE test hole will be backfilled. 4. Collect and record field data. Exhibit A Page 10 of 13 5. Data Review and Coordination. 6. Review field data obtained during on-site survey and utility location. 7. Update base maps and project construction plans. 8. Coordinate with City during field survey and data management. b) Deliverable 1. The Engineer will provide the City with a report containing data obtained from field survey along with exhibits showing subsurface utilities located in the field. c) Notes and Assumptions 1. The scope of work assumes that during field survey and subsurface location, the City will provide the following: • Staging area for equipment on site (Hydro Vac Unit(s), backfill trailer) • Area for disposal of sludge waste (from Hydro Excavation) • Area for excavated material to be left on site • Access to on site water source equivalent to a fire hydrant • Backfill material (for unpaved surfaces) • Survey control points with a description of location and type of control point 2. The level of effort for this contract is based on 10 locates or greater involving trenching and hydro excavating to a depth of 10 feet. 3. Hydro Vac method will be utilized for locating subsurface utilities. The potholes will be temporarily barricaded. Once the work is complete, the crew will backfill the utility potholes. 4. Exclusions: • Identifying exact point of underground utility intersection and/or elbows and turns (this service can be performed at an additional cost if requested by City) • In the event that work cannot be performed or is limited by inaccessibility due to weather, City to provide means of accessibility (i.e. rig mats) • Transfer of material directly into containers such as vacuum boxes or related containers. • Backfill limited to native material or sand. Work is limited to a maximum of twenty (20) separate utility locates. Exhibit A Page 11 of 13 11. SCHEDULE Date Activity TBD NTP 210 days after NTP Draft ELR submittal 240 days after NTP City Review 285 days after NTP Final ELR submittal 465 days after NTP 60% Design Submittal 495 days after NTP City Review 615 days after NTP 90% Pre -Final Design Submittal 645 days after NTP City Review 705 days after NTP Final Submittal 825 days after NTP Contract Award 870 days after NTP Begin Construction 1600 days after NTP Complete Construction Exhibit A Page 12 of 13 III. FEES A. Fee for Basic Services. The City will pay the Engineer a fixed fee for providing all "Basic Services" authorized as per the table below except for the Construction Administration Phase. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-3 above, and for all expenses incurred in performing these services. The Construction Administration Phase services as outlined in Section I.A. 4 above will be provided on a Time and Material (T&M) basis in accordance with the Engineer's standard hourly rates for a maximum not to exceed amount per the table below. For services provided, Engineer will submit monthly statements for services rendered. The City will make prompt monthly payments in response to Engineer's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the Engineer a not -to -exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase $ 288,236 2. Design Phase $ 696,056 3. Bid Phase $ 30,784 4. Construction Administration Phase (T&M NTE) $ 256,349 Subtotal Basic Services Fees $ 1,271,425 Additional Services Fees (Allowance) 1. Permit Preparation: TCEQ & Development Services * $ 34,280 2. Topographic Survey * $ 18,200 3. Environmental Issues * $ 5,010 4. Warranty Phase Services* $ 20,862 5. Start -Up Services * $ 51,532 6. Risk Management Plan $ 21,800 7. Program Coordination $ 11,700 8. Contact Time (CT) Evaluation * $ 76,045 9. Computational Fluid Dynamics (CFD) Modeling * $ 78,560 10. Clearwell 1 Demolition $ 117,639 11. Subsurface Utility Engineering $ 96,700 Sub -Total Additional Services Fees Authorized $ 532,328 Total Authorized Fee $ 1,803,753 (* Additional Services to be authorized with the Notice to Proceed for Basic Services.) Exhibit A Page 13 of 13 W z w▪ CVM W z z a 1-;o aa= 0 V ti O 0 O 0 a 0 0 0 v R H O v N 0 z E 0 z Basic Services: 0 O O 0 O ici n 00 O O 0.0%I co M O 25.0%I 0 O O 0.0% TBDI TBDI TBDI 0 In O 0 M CC) 0 u 23.1%I O ER 1 $1,500.00 1 $750.00 O L OC) 69. l $5,750.00 0 ER 1 $1,500.00 O Ef3 O tf} TBD 0 0 I $4,247.00 $1,627.00 o ER o N 64 O O EFS O 0 O O E!) 0 0 O O Ef} 0 0 O 69. 0 0 O EFS 0 0 O C0 CNI. ER 0 O O L0 EFS 0 O O 64 0 O O ER TBDI TBDI TBDI 0 O O 0 W 0 O O lin N 69 100'005$ o O O O O C,-) 6. O 0 0 0 0 0 ER 0 0 0 TBD TBD TBD O $1,627.00 0 0 O O O 0 0 0 O N c- Ef3 0 0 0 0 0 0 0 N Efi O 0 O O O O O O 0 O 000 0 O O O O 1 TBD O O O o0cr) 6F} 69.O 69 ER ER ER 0 ER 0 0 0 0 0 1 $1,000.00 0 0 0 TBD TBD TBD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ER 0 cp_ EFS Eft0 in ER Ef} 0 0 0 0 6H Eta " 0 0 0 co 0 0 0 0 0 0 M 0 0 0 1r) 1%. 0 0 0 0 tD M 0 0 0 U N CO 0 0 O 0 0 N 0 0 0 N e- e- 0 0 is N O TBDI TBDI TBDI 0 0 1: V ti If 0 0 0 In N CC 0 0 1: el 1- d 0 0 1: O) O) N ER O ER O ER o 0 1.0 N 69. 0 0 0 N d? d9 0 ER ER o NCD- Dr tf3 TBD TBD TBD $1,627.00 $1,250.00 $1,627.00 $2,877.00 0 O 00000 Ef3 0 O 0 O Ef} 0 O ER 0 O ER 0 O 0 O Ef} 0 O 000 ER 0 O N c- Ef3 0 O ER TBD TBD TBD 0 0 0 N Efi $1,000.00 0 0 00 N ER 0 0 N ER 0 00000 00000 0 0 0 0 U to 0 O 0 0 0 O 000 0 0 O 69. 0 O ER TBD TBD 1 TBD 0 O 0 0 0 O 000 0 0 O 0 0 o 0 N Cn cv • O CL Cn Z' ,c • m c a u) E 2 a .1772 N CL 0 m Construction Phase Subtotal Basic Services Additional Services: 0 & M Manuals 0 0 Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees Exhibit B Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other — specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 1 Rev 04/17 and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of 2 Rev 04/17 coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Rev 04:`17 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1— Definitions and Terminology 2 Article 2 — Preliminary Matters 8 Article 3 — Contract Documents: Intent, Requirements, Reuse 8 Article 4 — Commencement and Progress of the Work 9 Article 5 —Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions 9 Article 6 — Bonds and Insurance 10 Article 7 — Contractor's Responsibilities 10 Article 8 — Other Work at the Site 10 Article 9 — Owner's and OPT's Responsibilities 10 Article 10 — OAR's and Designer's Status During Construction 11 Article 11— Amending the Contract Documents; Changes in the Work 13 Article 12 — Change Management 13 Article 13 — Claims 14 Article 14 — Prevailing Wage Rate Requirements 16 Article 15 — Cost of the Work; Allowances; Unit Price Work 16 Article 16 — Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 16 Article 17 — Payments to Contractor; Set -Offs; Completion; Correction Period 16 Article 18 — Suspension of Work and Termination 16 Article 19 — Project Management 16 Article 20— Project Coordination 16 Article 21— Quality Management 17 Article 22 — Final Resolution of Disputes 17 Article 23 — Minority/MBE/DBE Participation Policy 17 Article 24 — Document Management 17 Article 25 — Shop Drawings 17 Article 26 — Record Data 20 Article 27 — Construction Progress Schedule 21 Article 28—Video and Photographic documentation 21 Article 29 — Execution and Closeout 21 Article 30 — Miscellaneous 22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date —The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page7of22 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6 — BONDS AND INSURANCE ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES ARTICLE 8 — OTHER WORK AT THE SITE ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 — CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self -performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13 — CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12, shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14— PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 16 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18 — SUSPENSION OF WORK AND TERMINATION ARTICLE 19 — PROJECT MANAGEMENT ARTICLE 20 — PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 ARTICLE 21— QUALITY MANAGEMENT ARTICLE 22 — FINAL RESOLUTION OF DISPUTES ARTICLE 23 — MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24 — DOCUMENT MANAGEMENT ARTICLE 25 — SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 — RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27 — CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28 — VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29 — EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30 — MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CIIY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: FIRM IS: 1. Corporation 4. Association e CITY: ZIP: 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 300 or more of the ownership in the above named "firm." Name Job Title and City Department (if known) NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3° o or more of the ownership in the above named "firm." Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3°0 or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "E" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the C. of Corpus Christi, Texas as changes occur. Certifying Person: t T E �.(, /LSI (Type or Print) Signature of Certifying Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. Title: ;(4I /() 4 V t C4, 14stDiAir Date: 7.17.-2 /Id 5 b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "E" Page 2 of 2 RESOLUTION IN RECOGNITION OF DAVID G. NOYOLA, HONORING HIS MANY YEARS OF SERVICE TO CORPUS CHRISTI WHEREAS, David G. Noyola, a lifelong resident of Corpus Christi, a proud representative of the City's Westside, and a prominent member of the civic -minded Noyola family, passed away on February 7, 2019. WHEREAS, Mr. Noyola served as a City Council Member from 1993 to 1995. He led the effort resulting in the naming of the Selena Auditorium after Selena Quintanilla Perez shortly after her death. He successfully advocated for Westside infrastructure improvements including streets, curbs, gutters, neighborhood parks, and lighting. He was a loyal supporter of the Greenwood Senior Center, Greenwood -Molina Children's Center, Neighborhood Centers of Corpus Christi, and the Ben F. McDonald (formerly Greenwood) Library. WHEREAS, Mr. Noyola served as a Nueces County Commissioner from 1999 to 2002. During his tenure, he supported the bond programs that created the Robstown fairgrounds and Aviators baseball park. He also advocated for infrastructure improvements to the rural areas in his precinct, including Bishop, Banquete, and Agua Dulce. WHEREAS, Mr. Noyola was instrumental in establishing the Molina Veterans Park as a memorial to service members from the city's Molina neighborhood who were killed in the Vietnam War. WHEREAS, Mr. Noyola was inducted into the West Oso Hall of Fame. WHEREAS, Mr. Noyola was known as "El Hijo del Pueblo" (Son of the People), for his relentless pursuit of social justice and reform. WHEREAS, Mr. Noyola was a popular radio host on Magic Q 104.9 Tejano Radio, and was named a Tejano Roots Hall of Fame broadcaster. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS Section 1. That David G. Noyola will be remembered as a tireless community advocate and dedicated public servant, and that this brief account of David G. Noyola's service be memorialized for future generations. family. Section 2. That an official copy of this resolution be prepared and forwarded to his 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 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 9, 2019 Second Reading for the City Council Meeting of April 16, 2019 DATE: March 12, 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 5813 and 6001 Old Brownsville Road CAPTION: Case No. 0319-01 Greer Evans and Halaj Trust: Request for rezoning property at or near 5813 and 6001 Old Brownsville Road from the "FR" Farm Rural District and the "RS -6" Single -Family District to the "IL" Light Industrial District. PURPOSE: The purpose of this item is to allow for the construction of a light industrial park. RECOMMENDATION: Planning Commission and Staff Recommendation (March 6, 2019): Tract 1: Denial of the change of zoning from the "FR" Farm Rural District and the "RS -6" Single -Family District to the "IL" Light Industrial District, in lieu thereof, approval of the "IC" Industrial Compatible District. Tract 2: Approval of the change of zoning from the "RS -6" Single -Family District to the "IL" Light Industrial District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 ALTERNATIVES: 1. Deny the request (Requires 3/4 Vote). OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "IL" Light Industrial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital fig 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. 0319-01 Greer Evans and Halaj Trust: Ordinance rezoning property at or near 5813 and 6001 Old Brownsville Road from the "FR" Farm Rural District and the "RS -6" Single -Family District to the "IC" Industrial Compatible District ON Tract 1 and from the RS -6" Single -Family District to the "IL" Light Industrial District on Tract 2. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Greer Evans and Halaj Trust ("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, March 6, 2019, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning on Tract 1 from the "FR" Farm Rural District and the "RS -6" Single -Family District to the "IL" Light Industrial District, in lieu thereof, approval of the "IC" Industrial Compatible District and on Tract 2, approval of the change of zoning from the "RS -6" Single -Family District to the "IL" Light Industrial District on Tuesday, April 9, 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 Greer Evans and Halaj Trust ("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 51.77 acre tract situated in Corpus Christi, Nueces County, Texas, generally described as portions of Lots 4, 5, 10 and 11, of the W.O. Womack Farm Lots as shown by map or plat thereof recorded in Volume A, Page 50, of the Map Records of Nueces County, Texas and being a portion of that 140.38 acre tract described in the general Warranty Deed to Charles L. Kosarek, Jr., Joshua Kosarek, and Karen K. Kosarek Clark, and being a 201.17 acre tract situated in Corpus Christi, Nueces County, Texas, a portion of Lots 4 thru 10 and portions of 12, 13, and 14, of the W.O. Womack Farm Lots as shown by map or plat thereof recorded in Volume A, Page 50, of the Map Records of Nueces County, Texas, located on the east side of Old Brownsville Road, north of Saratoga Boulevard (State Highway 357), and south of South Padre Island Drive (State Highway 368). (the "Property"), from the "FR" Farm Rural District and the "RS -6" Single -Family District to the "IC" Industrial Compatible District on Tract 1 and from the "RS -6" Single -Family District to the "IL" Light Industrial District on Tract 2 (Zoning Map No. 052039), as shown in Exhibits "A" and "B". Exhibit A, is a metes and bounds description and map of Tract 1 of the Property and Exhibit B, is a metes and bounds description and map of Tract 2 of the Property. All are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0319-01 Greer Evans and Halaj Trust\Council Documents\Ordinance_0319- 01 Greer Evans and Halaj Trust. PC Rec.docx Page 2 of 7 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 7 MURRAY B.-::. JR.. \ON M. R't .:a. PP..R.P.LS. 'r,rw ha::- rel:h com e-mail nixmw of c Exhibit A BASS & WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi. TX 78466-639' March 11, 2019 Field Note Description Accident Potential Zone -2 3034 S. ALAMi DA. Lt? 78404 361 882-5521— F. 361 882-1265 e-mail' mvr:yjz so' cox Being a tract situated in Corpus Christi, Nueces County, Texas, being portions of that 51.77 acre tract described in the deed to Greer Evans and Steven Halaj. Trustee_ in the deed recorded under Clerk's File No. 2013013963. and a portion of that 201.17 acre tract described in the deed recorded under Clerk's File No. 986878. Official Public Records of Nueces County, Texas. and being more particularty described by metes and bounds as follows: BEGINNING at a point in the southeast right-of-way line of Old Brownsville Road (FM 665) the most westerly comer of the heretofore referenced 51.77 acre tract for the most westerly corner of this tract; THENCE N 47°33`23" E a distance of 146.02 feet to a point for the most northwesterly comer of the 51.77 acre tract and the most westerly comer of the heretofore referenced 201.17 acre tract; THENCE continuing along the southeast right-of-way line of Old Brownsville Road N 47°30' 12" E a distance of 354.14 feet to a point for an intermediate comer of this tract; THENCE continuing along the southeast right-of-way line of Old Brownsville Road N 41°39'23" E a distance of 201.11 feet to a point for an intermediate comer of this tract; THENCE N 47°27'07° E a distance of 1475.40 feet to a point where the southeast right-of-way line of Old Brownsville Road intersects the northeast boundary of the Accident Potential Zone -2 for the northmost comer of this tract; THENCE S 45°00'00' E along the northeast boundary of said Accident Potential Zone -2 a distance of 3172.16 feet to a point in the southeast boundary of the 51.77 acre tract for the most easterly comer of this tract' THENCE S 28°36'12° W along the southeast boundary of the 51.77 acre tract a distance of 1355.05 feet to a point for the most southerly comer of the 51.77 acre tract and the most southerly corner of this tract; THENCE with the southwest boundary of the 51.77 acres as follows: N 61°28'51° W a distance of 2381.77 feet to a point; N 56°24'02° W a distance of 327.25 feet to a point; N 45°47'51° W a distance of 335.61 feet to a point; N 53°42'07° W a distance of 473.43 feet to a point; THENCE N 59°45'09' W a distance of 227.28 feet to the POINT OF BEGINNING, forming a tract embracing 142.25 acres. Murr Bass, Jr.,A.P.L,S. Note Bass of Bearing is State of Texas Lambert Gid. South Zone. NAD 1983 MBJ sab 13049 -Field Note Desc-ACZ2.doc Page 1 of 1 Page 4 of 7 ACCIDENT POTENTIAL ZONE -2 REZONING SKETCH Prevrued b: Boss & Welsh Engineenng 3354 So. Alomeco Corpus Christi, Tx. 78404 (361) 862-5521 (phone) (361) 882-1265 (fax) Firm Registration No. F —S2 Job No: 18049 Scale: 1.1000' Date: 03/12/2019 Dyorifg No: MCUZ Div Tracts Petard*: 1-1 Sheet 1 of 1 Page 5 of 7 MURRAY BAS:. JR-. 34IXON, M. W6LSII. Pf.. R.P.L_S www bass -welsh cos e-mail- Bizarr ao1 cam Exhibit B BASS & WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Bos 6397 Corpus Christi, TX 78466-6397 March 11, 2019 Field Note Description Light Industrial Tract 3034 S. ALAMEDA. ZIP 78404 361 882-3321 FAX 361 882-1263 e-mail- gnurs apjr t aal cam Being a tract situated in Corpus Christi, Nueces County, Texas, being portions of that 51.77 acre tract described in the deed to Greer Evans and Steven Halaj. Trustee. in the deed recorded under Clerk's File No. 2013013963. and a portion of that 201.17 acre tract descnbed in the deed recorded under Clerk's File No. 986878. Official Public Records of Nueces County, Texas. and being more particularly described by metes and bounds as follows: BEGINNING at a point in the southeast right-of-way line of Oki Brownsville Road (FM 665) the northwest comer of the heretofore refenced 201.17 acre tract; THENCE N 88`37'43" E along the north boundary of said 201.17 acre tract a distance of 3091.76 feet to a point in the northeast comer of the 201.17 acre tract for the northeast corner of this tract: THENCE 5 00'43'17` E along the east boundary of the 201.17 acre tract a distance of 1578.97 feet to a point for an intermediate corner of this tract; THENCE continuing along the boundary of the 201.17 acre tract 5 89'16'43" W a distance of 572.62 feet to a point for an interior comer of this tract THENCE continuing along the boundary of the 201.17 acre tract, S 28°16'33' W at 921.86 feet pass the most southerly southeast comer of the 201.17 acre tract. the northeast comer of the 51.77 acre tract and in all a distance of 1031.94 feet to a point for the most southerly corner of this tract. said point Tying in the northeast margin of the Accident Potential Zone -2; THENCE N 45'0000" ' with the northeast boundary of Accident Potential Zone -2 a distance of 3172.16 feet to a point in the northwest boundary of the 201.17 acre tract and the southwest right-of-way line of Old Brownsville Road for a corner of this tract; THENCE N 47'27'07' E along the northwest boundary of the 201.17 acre tract, a distance of 262-96 feet to the POINT OF BEGINNING forming a tract embracing 110.71 acres_ Mu!'fay Bass. J, . R.P.L.S_ Note Bass of Bearing is State of Texas Lambert Gnd Sout" Zone, NAD 1983 MBJ-sab 18049 -Field Note Cesc-LI Tract.doc Page 1of1 Page 6 of 7 REZONING SKETCH Prey:red ay Lass & Welsh Engineering 3054 So. Alameco Sc. Corpus Christi. Tx. 78404 (361) 862-5521 (phone) (361) 882-1265 (fax) Firm Registration No. F-52 ..bb No: 18049 Scale: 1'-1000' Dote: 03/12/2019 Drawling Na MCUZ Dir Tracts P otscde: 1-1 Sheet 1 of 1 Page 7 of 7 Zoning Case #0319-01 Greer Evans and Halaj Trust Rezoning for a Property at 5813 and 6002 Old Brownsville Road City Council Presentation April 9, 2019 Aerial Overview Qo dao �" imoiggigo. .11411011004* SUEJE©T PROPERTY 2 Subject Property at 5813 and 6002 Old Brownsville Road N Cenral C y CperBtre t Aap. ngi :ontributars, Creative Can mors Share Alice License :OC -8Y -SA' 3 Zoning Pattern IIPIDFF QOM 11662 e OIL, 11670 & Oil q' lee2 SUBJECT PROPERTY TY REA 1083 040 b 4 AICUZ Planning Commission and Staff Recommendation Tract 1: Denial of the "IL" Light Industrial District in lieu thereof, Approval of the "IC" Industrial Compatible District Tract 2: Approval of the "IL" Light Industrial District Compatible Districts Table 4.8.2 Permitted Uses COMMERCIAL AND INDUSTRIAL COMPATIBLE DISTRICTS) CC P =Permitted Use SP = Special Permit L=Subject to Limitations SUE =Special Use [blank cel]=Not CC IC Maximum Floor Area Standards Public and Civic Uses 0.14 Govemment Facility Uses [5.1.3.D1 except for. P P 0.11 5 10 Detention facility; auditorium: cafeteria; fuel storage. above ground: helipad. heliport or landing field. Laboratory, research or experimental 10 P 0.14 Parks and Open Area Uses [5.1.3.F] except for: P P all 1.00 Clubhouse; Concessions; Reservoir Stockpling of sand, gravel, ar other aggregate materials: Fuel Storage, above ground Social Service Uses -Treatment Centers only, provided there ore no residents P P C..11 0.14 Utilties, minor [5.1.3.J1 except for: P P 5.2.6 Storm water retention facilities Wholesales Trade Uses [5.5.1.01 exception. P P 0.28 Commercial Uses Commercial Padang Uses [5.1.4.A} P P Office Uses [5.1.4.C] except for. P P 0.11 TV and radio studio Kennel or animal shelter, indoor ar outdoor P Truck stop, provided no -overnight accommodations Pasturage P 0.11 4.6.2 Retail Sales and Service Uses, sales- and service-oriented [5.1.4.G] Includes personal service uses P P 0.11 5.2.12 Retail Sales and Service Uses, repair -oriented 15.1.4,G1 except for. P P 0.1 1 5.2.13 Vocational trade or business school Farmers market P P 0.11 5.2.9 SelfServiceStorage Uses 15.1.4,H] P P 1.00 5.2,14 Crematorium (animal) P 0.11 Vehicle Soles and Service Uses [5.1.4.1] P P 0.11 Water -Oriented Uses [5.1 .4.J] except for P P 0.11 Restaurants: Ferry/water taxi: Fuel storage, above ground P =Permitted Use SP=Special Permit L=Subject to Limitations (blank cell=Not SUE=Special Use ' Industrial Uses �- �•�� CC IC Maximum Floor Area Standards Light Industrial Service Uses [5.1.5A], except for: Min. Lot width {ft.) P 0.14 5.2.17 Fuel storage. above ground: cafeterias 20 20 Side (single) Side (total) 5 10 5 10 Laboratory, research or experimental 10 P 0.14 See section 4.2.8.0 Warehouse and Freight Movement Uses [5.1.5.81 except for. 25 1 25 P 1.00 Stockpling of sand, gravel, ar other aggregate materials: Fuel Storage, above ground Waste -Related Service. only including Recycirtg Center and Said or liquid waste transfer [no composting) ° 0.14 Land fill; Fuel Storage, above ground 5.2.23 Wholesales Trade Uses [5.5.1.01 exception. P P 0.28 5.2.16 Cafeteria Other Uses Kennel or animal shelter, indoor P 5.2.18 Kennel or animal shelter, indoor ar outdoor P 5.2.18 Pasturage P P Grazing P P The uses in Table 4.8_2 shall not allow a density greater than 50 occupants per acre. Table 4.8.3 Nonresidential Use COMMERCIAL AND INDUSTRIAL COMPATIBLE DISTRICTS CC IC Min. Lot Area (sq. ft.} Min. Lot width {ft.) Mn. Yards (ft.) Street Street (comer) _ 20 20 20 20 Side (single) Side (total) 5 10 5 10 Rear 10 10 Side and rear, abutting res. district See section 4.2.8.0 Max Height (R.) 25 1 25 7 Public Notification 15 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 8 UDC Requirements Buffer Yards: N/A Setbacks: Street: 20 feet Parking: 1:1,000 GFA (Outdoor Facility) Landscaping, Screening, and Lighting Standards. Uses Allowed: Light Industrial, Retail, Offices, Vehicle Sales, Bars, and Storage Utilities can DJ E=' PEOPERVY Water: 8 -inch ACP Wastewater: Not Available. 2,700 feet to NE Gas: 16 -inch Service Line Storm Water: Kelly Drainage ROW PLANNING COMMISSION FINAL REPORT Case No. 0319-01 INFOR No. 19ZN1003 Planning Commission Hearing Date: March 6, 2019 Applicant & Legal Description Owner: Greer Evans and Halaj Trust Applicant: Greer Evans Location Address: 5813 and 6001 Old Brownsville Road Legal Description: Being 51.77 acre tract situated in Corpus Christi, Nueces County, Texas, generally described as portions of Lots 4, 5, 10 and 11, of the W.O. Womack Farm Lots as shown by map or plat thereof recorded in Volume A, Page 50, of the Map Records of Nueces County, Texas and being a portion of that 140.38 acre tract described in the general Warranty Deed to Charles L. Kosarek, Jr., Joshua Kosarek, and Karen K. Kosarek Clark, and being a 201.17 acre tract situated in Corpus Christi, Nueces County, Texas, a portion of Lots 4 thru 10 and portions of 12, 13, and 14, of the W.O. Womack Farm Lots as shown by map or plat thereof recorded in Volume A, Page 50, of the Map Records of Nueces County, Texas, located on the east side of Old Brownsville Road, north of Saratoga Boulevard (State Highway 357), and south of South Padre Island Drive (State Highway 358). Zoning Request From: "FR" Farm Rural District and "RS -6" Single -Family 6 District To: "IL" Light Industrial District Area: 252.94 acres Purpose of Request: To allow for the construction of a light industrial park. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural and Single -Family 6 Vacant Vacant Medium Density Residential North "IL" Light Industrial and "IH" Heavy Industrial Heavy Industrial Heavy Industrial South "FR" Farm Rural Vacant Medium Density Residential East "IL" Light Industrial and Single -Family 6 Vacant Vacant Medium Density Residential West "FR" Farm Rural and Light Industrial Vacant Vacant Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "IL" Light Industrial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Map No.: 052039 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 200 feet of street frontage along Old Brownsville Road which is designated as an "A3" Primary Arterial Street. According to the Urban Transportation Plan, A3" Primary Arterial Streets can convey a capacity between 30,000 to 48,000 Average Daily Trips (ADT). m§ m•O tii c2 Street Urban Transportation Plan Type Proposed Section Existing Section Old Brownsville Road "A3" Primary Arterial 130' ROW 79' paved 130' ROW 53' paved Traffic Volume 6,737 ADT (2014) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District and the "RS -6" Single -Family District Light Industrial District to the "IL" Light Industrial District to allow for the construction of a light industrial park. Development Plan: The subject property is 252.94 acres in size. The owner is proposing a light industrial park and that the land will ultimately be subdivided into lots for light industrial uses such as, service companies and small construction companies. The property will be platted and include City utilities. The dedicated but unimproved road easements that traverse the property will be closed and/or be included into the new subdivision. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District and "RS -6" Single -Family 6 District, consists of vacant land, and has remained relatively undeveloped since annexation in 1962. To the north are properties zoned "IL" Light Industrial District and "IH" Heavy Industrial District and consists of moving company and granite facility. To the south are a vacant properties zoned "FR" Farm Rural District. Separating the subject property from the southern properties is the Kelly Drainage Channel. The Kelly Drainage Channel has a drainage right-of-way width of approximately 310 feet and a depth of 11.25 feet. To the east are a vacant properties in which a majority are zoned "IL" Light Industrial District and a few are zoned "RS -6" Single -Family 6 District. To the west are a vacant properties zoned "FR" Farm Rural District. AICUZ: The subject property is located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 8 -inch ACP line located along Old Brownsville Road. Staff Report Page 3 Wastewater: No wastewater access is located along the subject property. However, a lift station is located 2,700 feet to the northeast along Old Brownsville Road. Gas: 16 -inch Service Line located along Old Brownsville Road. Storm Water: Kelly Drainage Channel along the southern property line has a drainage right-of-way width of approximately 310 feet and a depth of 11.25 feet. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for Medium Density Residential uses. The proposed rezoning to the "IL" Light Industrial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Adopt appropriate regulations consistent with the recommendations of the Joint Land Use Study. (Future Land Use, Zoning, and Urban Design Policy Statement 4). • Continue to consider the compatibility of proposed uses with military airfield operations when making decisions on rezoning requests. (Future Land Use, Zoning, and Urban Design Policy Statement 4). • Avoid development that is incompatible with the operation of military airfields and the airport. (Future Land Use, Zoning, and Urban Design Policy Statement 4). Department Comments: • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. However, considerations should be taken in regards to the proximity to the Corpus Christi International Airport (CCIA). • The subject property is approximately 9,300 feet away from the end of runway 13. • Roughly, the southern half of the subject property is located within Accident Potential Zone 2 (APZ-2) of the Air Installation Compatibility Use Zone (AICUZ) map. Staff is recommending the use of the "IC" Industrial Compatible District which will limit the uses related to the congregating of people and also limit the size of buildings to a specific Floor Area Ratio (FAR). • The compatible districts were created to prohibit uses that congregate large groups of people, unscreened outdoor storage, or uses that create nuisance factors of dust, odor and noise associated with certain business and manufacturing uses. • The "IC" District prohibits assembly, overnight accommodations, and fuel storage. The "IC" District also limits size of retail, office, and restaurants. Staff Report Page 4 • The applicant will be required to request a determination of hazards from the Federal Aviation Administration (FAA) if applicable in regards to height for each structure constructed on the subject property. Planning Commission and Staff Recommendation (March 6, 2019): Tract 1: Denial of the change of zoning from the "FR" Farm Rural District and the "RS -6" Single -Family District to the "IL" Light Industrial District, in lieu thereof, approval of the "IC" Industrial Compatible District. Tract 2: Approval of the change of zoning from the "RS -6" Single -Family District to the "IL" Light Industrial District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Public Notification Number of Notices Mailed — 15 within 200 -foot notification area 5 outside notification area As of March 1, 2019: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0319-01 Greer Evans and Halaj Trust\Council Documents\CC Report_0319-01 Greer Evans and Halaj Trust.docx CG -. W€51Z�7IN RD Staff Report Page 5 ro SOO Feer 1:8 e Cf6a We: 211222 1 Prap.iratl ey yvuk Cepa 0'':': Cr 091' 9.IdprrAn:S : lssb ti CASE: 0319-01 ZONING & NOTICE AREA PM -1 P M -2 AI-2 ON RH-Ar CN -1 CH - CR -11 CR -2 CO -1 CO -2 CI ceo CR -E FR H HPltaily 1 MPlfa1ly 2 10.I1raily 2 Prob.. nY Orb• H alfaily A1' 14•40130rkee41 Conn. 1€ I H eyhhorhood Comn. 1.41 Row rl ConnamYl Row A Cenn•relaI nary Conn•mr Oa•ra/Conn•rHal M4nat,•Cann•rcYl Oownlown Comn•roYr Row rl Cornrnemial Fam Rural MalorbO wraie 127.a2heaa Park I®I shr =vx•a T1s _n sor.• 0-, 4 2 nM Mn2.90- on -:. (LOCATION MMPI Staff Report Page 6 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, que tienen la intenciOn de asistir a esta iunta v que reau,eren servicios esoeclales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al deoartamento de servicios de desarrollo, al numero 1361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta y su inales es limitado. favor de Ilamar al deoartamento de servicios de desarrollo al numero (3611 826-3240 al menos 48 horas antes de la junta para solicitar Lyn interorete ser presence durance la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0319-01 Greer Evans and Halal Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District and the "RS -6" Single -Family 6 Districit to the "IL" Licht Industrial District, resulting in a chance to the Future Land Use Map. The property to be rezoned is described as: 5813 and 6001 Old Brownsville Road and Being a 51.77 acre Tract situated in Corpus Christi, Nueces County, Texas, generally described as portions of Lots 4, 5, 10 and 11, of the W.O. Womack Farm Lots as shown by map or plat thereof recorded in Vnluma A, page 50, of the Map Records of Nueces County, Tcs03 and being a portion of that 140.38 acre tract described in the general Warranty Deed to Charles L Kosarek, Jr., Joshua Kosarek. and Karen K. Kosarek Clark. and being a 201.17 acre tract situated In Corpus Christi, Nueces County, Texas, a portion of Lots 4 thru 10 and portions of 12, 13, and 14, of the W.O. Womack Farm Lots as shown by map or plat thereof recorded in Volume A, Page 50. of the Map Records of Nueces County, Texas, located on the east side of Old Brownsville Road, north of Saratoga Boulevard (State Highway 357), and south of South Padre Island Drive (State Highway 368). 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 rnnchict 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, March 6. 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 8Y THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shad be held oy a mernuer or members of thls 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: - �z i (Clio C - N?& rl ./ Address: 5'II �' ! ae' 4*ee) 'A 14$ (4/IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 19ZN1003 Property Owner ID: 6 134ue�,oPsi+es, LLc. City+State: McASaY- Phone: (1 s6,7 62,4- -8111 (. 5tr5y Vlenocy.e. Signature Mww.SV 121 No (1-41-La1)(4Case 03 ta 1-�.� Project Manager: Andrew Di mass Email: andrewd2@cctexas com AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of April 9, 2019 Second Reading for the City Council Meeting of April 16, 2019 DATE: March 8, 2019 TO: Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, FAICP, Director NinaM@cctexas.com (361) 826-3276 Ordinance amending City Code to revise regulatory standards related to freeboard, limit of moderate -wave action, and non -conversion agreement CAPTION: Ordinance amending the Code of Ordinances, Chapter 14, Article V, Flood Hazard Prevention adopting higher standards, and providing for penalties. PURPOSE: The purpose of this item is to revise the adopted Flood Hazard Prevention Code to include minimum language adopting higher regulatory standards. BACKGROUND AND FINDINGS: The City has adopted Flood Hazard Prevention Code within the Code of Ordinances, Chapter 14, Article V which was last revised by Ordinance 25647 on September 9, 2003. The proposed ordinance provides for language to adopt higher regulatory standards. Higher Standards The City is a participant in a voluntary program of the National Flood Insurance Program called the Community Rating System (CRS). This program provides points for going above and beyond the minimum standards of a participating community. The points offer different class ratings which result in premium discounts for flood insurance policies in a special flood hazard area. Currently, the City is a class 7 with 1,689 points which is 311 points away from a class 6. Being a class 7 community provides for a 15% discount and a class 6 would provide a 20% discount. Adopting higher standards promotes increased public health, safety, and general welfare by minimizing public and private losses due to flood conditions in areas of special flood hazard. The ordinance provides language for the following higher standards that if once adopted would revise our minimum requirements. Freeboard which is a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than depicted on Flood Insurance Rate Maps such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. Staff is currently proposing 1' of freeboard for adoption but can adopt any freeboard requirement dictated by Council. Freeboard would only apply to new construction and additions and not substantially damaged or substantially improved structures. Adoption of freeboard provides up to 100 points. Limit of Moderate Wave Action (LiMWA) is an area directly behind a Velocity zone where there are anticipated waves heights of 1.5' to 3' also known as the Costal AE zone. If adopted, the Coastal AE zone would enforce new construction to be constructed with Velocity Zone standards with elevated foundations on piers, pilings, or columns without the use of structural fill in lieu of slab -on -grade construction. This development standard helps to prevent erosion, scour, and foundation failure in the event of a surge event. Substantial Improvement would not have to meet the LiMWA standards. Adoption of LiMWA provides up to 500 points. Non -Conversion Agreement is an agreement for new construction that has an area below the base flood elevation that is not enclosed. The agreement would require that enclosing the area require a permit and that it be used solely for parking, access or storage and not converted to a habitable space after the certificate of occupancy has been issued by Development Services. Adoption of a non -conversion agreement provides up to 90 points. Outreach Outreach for higher standards has been conducted in the past seven months with the following groups: • Costal Bend Home Builders Association: July 11, 2018 and February 1, 2019 • Island Strategic Action Committee: August 7, 2018 • North Beach Community Association: August 9, 2018 • Planning Commission: July 11, 2018 and March 6, 2019 • Building Code Board of Appeals: August 16, 2018 Feedback was favorable for adoption of the higher standards. The proposed amendment was posted on the Development Services webpage. ALTERNATIVES: Denial or alteration of proposed amendments. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed text amendment conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Code of Ordinances, Chapter 14, Article V, Flood Hazard Prevention Adopting Higher Standards; and providing for penalties WHEREAS, the City can adopt higher floodplain management standards to promote increased public health, safety, and general welfare by minimizing public and private losses due to flood conditions in areas of special flood hazard. WHEREAS, the City is a participant in a voluntary program of the National Flood Insurance Program called the Community Rating System. This program provides points for going above and beyond the minimum standards of a participating community. WHEREAS, adopting higher standards provides additional points that can help to reduce flood insurance premiums for flood insurance policies in a Special Flood Hazard Area. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That Corpus Christi Code of Ordinances, Chapter 14 "Development Services", Article V "Flood Hazard Prevention Code," Section 14-552 "Specific standards" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: In all areas of special flood hazards where base flood elevation data has been provided as set forth in section 14-522, section 14-532(8), or section 14-543(c), the following provisions are required: (1) Residential construction. New construction and substantial improvement of any residential structure must have the lowest floor (including basement), elevated to one foot at or above the base flood elevation. Substantial Damage and Substantial Improvement must have the lowest floor (including basement), elevated to at or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in section 14-533(b)(1), is satisfied. (2) Nonresidential construction. New construction and substantial improvements of any commercial, industrial, or other nonresidential structure must either have the lowest floor (including basement) elevated to one foot at-er above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Substantial Damage and Substantial Improvement must have the lowest floor (including basement), elevated to at or above the base flood elevation or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the Page 1. specific elevation (in relation to mean sea level) to which such structures are flood - proofed shall be maintained by the floodplain administrator. (4) Manufactured homes. a. All manufactured homes to be placed within zone A on a city's FHBM or FIRM must be installed using methods and practices which minimize flood damage. 1. For the purposes of this requirement, a manufactured home must be elevated and anchored to resist flotation, collapse, or lateral movement. 2. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. 3. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. b. Manufactured homes that are placed or substantially improved within zones A1-30, AH, and AE on the city's FIRM must be on sites: 1. Outside of a manufactured home park or subdivision. 2. In a new manufactured home park or subdivision. 3. In an expansion to an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one foot ager above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. c. Manufactured homes must be placed on substantially improved on sites in an existing manufactured home park or subdivision with zones A1-30, AH, and AE on the city's FIRM that are not subject to the provisions of paragraph (4) of this subsection must be elevated so that either: 1. The lowest floor of the manufactured home is one foot at or above the base flood elevation, or 2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty- six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. SECTION 2. That Corpus Christi Code of Ordinances, Chapter 14 "Development Services", Article V "Flood Hazard Prevention Code," Section 14-554 "Standards for areas of shallow flooding (AO/AH zones)" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Locations within the areas of special flood hazard established in section 14-522 are designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet, where a clearly defined channel does not exist and Page 2 where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction, and substantial improvcmcnts of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the city's FIRM (at least two (2) feet if no depth number is specified) plus one foot. Substantial Damage and Substantial Improvement must have the lowest floor (including basement), elevated to at or above the highest adjacent grade at least as high as the depth number specified in feet on the city's FIRM (at least two (2) feet if no depth number is specified). (2) All new construction and substantial improvcmcnts of nonresidential structures: a. Must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the city's FIRM (at least two (2)) feet plus one foot, if no depth number is specified; or b. Substantial Damage and Substantial Improvements must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the city's FIRM (at least two (2)) feet, if no depth number is specified; or cb. Together with attendant utility and sanitary facilities must be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in section 14- 533(b)(1), are satisfied. (4) Structures within zones AH or AO must have adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. SECTION 3. That Corpus Christi Code of Ordinances, Chapter 14 "Development Services", Article V "Flood Hazard Prevention Code," Section 14-556 "Coastal high hazard areas" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: (a) Areas that have been determined to be subject to wave heights in excess three feet or subject to high -velocity wave action or wave included erosion shall be designated as coastal high - hazard areas. Flood hazard areas that have been designated as subject to wave heights between one and a half and three feet or otherwise designated by the jurisdiction shall be designated as Coastal A Zones. These zones are subject to possible high-energy wave action, and which are identified as areas of special flood hazard established in section 14- 522, are areas designated as coastal high hazard areas (including Coastal A zones and zones V1-30, VE, and/or V, where designated). (b) These areas have special flood hazards associated with high -velocity waters from tidal surges and hurricane wave wash; therefore, in addition to meeting all provisions outlined in this Code, the following provisions also apply: (1) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially Page 3 improved structures, and whether or not such structures contain a basement. The floodplain administrator maintains a record of all this information. (2) All new construction must be located landward of the reach of mean high tide. (3) All new construction and substantial damageimprovcmcnts must be elevated on pilings and columns so that: a. The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to one foot at or above the base flood elevationlevet. b. Substantial Improvements must have the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) elevated to at or above the base flood elevation. cia. The pile or column foundation and structure attached to the foundation is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. 1. Water loading values used must be those associated with the base flood. 2. Wind loading values used shall be those required by applicable state or local building standards. (4) A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of paragraph (3)(a) and (b) of this subsection. All new construction and substantial improvements must have the space below the lowest floor either free of obstruction or constructed with non -supporting breakaway walls, open wood lattice -work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. (6) For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than ten (10), and not more than twenty (20) pounds per square foot. (5) (7) Use of breakaway walls, which exceed a design safe loading resistance of twenty (20) pounds per square foot (either by design or when so required by local or state codes), may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: a. Breakaway wall collapse must result from a water load less than that which would occur during the base flood; and b. The elevated portion of the building and supporting foundation system may not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). 1. Water loading values used shall be those associated with the base flood. 2. Wind loading values used shall be those required by applicable state or local building standards. Page 4 (8) Enclosed space below the lowest floor may be useable solely for parking of vehicles, building access, or storage. The enclosed space below the lowest floor may not be used for human habitation. a. All enclosed areas below base flood elevation that are greater than five feet In height will be required to sign a non -conversion agreement that will be filed with the deed. (9) The use of fill or structural support of buildings is prohibited. (10) The use of manmade alteration of sand dunes and mangrove stands, which would increase potential flood damage, is prohibited. (11) Manufactured homes, which have incurred substantial damage as the result of a flood, must meet the standards of paragraphs (1) through (10) of this subsection, if they are placed or substantially improved within zones V1-30, V, and VE on the city's FIRM on sites: a. Outside of a manufactured home park or subdivision, b. In a new manufactured home park or subdivision, c. In an expansion to an existing manufactured home park or subdivision, or (12) Manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within zones V1-30, V, and VE on the city's FIRM meet the requirements of section 14-542(4) of this Code. (13) Recreational vehicles, which are placed on sites within zones V1-30, V, and VE on the city's FIRM, must either: a. Be on the site for fewer than one hundred eighty (180) consecutive days, b. Be fully licensed and ready for highway use, or c. Meet the requirements in section 14-522 of this article and paragraphs (1) through (10) of this subsection. (14) to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. 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. Section 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Section 14-207 and Section 1-6 of the Corpus Christi Code of Ordinances. Section 6. 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 acted by the City without the Page 5 incorporation into this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 7. Effective date. This ordinance takes effect on upon publication. Page 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 7 Higher Standards Code of Ordinances Amendment City Council Presentation April 9, 2019 Higher Standards Adoption CRS Discount NFIP Flood Insurance Policies (Zone A & V): Premiums without CRS discount : 9,775 $7,846,032 CRS Discount Premiu Difference 15% (Class 7) 20% (Class 6) 25% (Class 5) $6,669,128 $6,276,826 $5,884,525 $1,176,905 $1,569,207 $1 ,961 ,508 Proposed Higher Standards • LiMWA — Limit of Moderate Wave Action • Freeboard • Non- Conversion Agreement Slab - on -fill Perimeter wal I {c rawispace) Perimeter wall Open foundation - Open foundation - colurnn}piers piles (basement) Lowest -floor F .I I Zone A Not to scale Foundation wall - r:11 Flood openings r r Pier foundation CF) Coastal Zones/L1MWA 771 Wave height 3 feet BFE F:ood level including ..... wave effects 100 -year stillwater elevation Sea level i COASTAL 4— Wave height 3.0-1,5 feet Property elevated building LMWA Wave height <1.5feet Limit of base flooding and waves Unelevated building constructed before community entered the NFIP • • • Shoreline Sand bean BL1Cdings Overland wind fetch Vegetated Limit co SFHA region LiMWA Map Debris Line - LiMWA Debris Line - LiMWA Erosion and Scour Freeboard • Staff is proposing 1 foot of freeboard. • What does this mean for new construction and additions? • Example - If the base flood elevation for your lot is 10' the construction requirement will be 11'. A Zoncs in Coastal Areas: Sub}rcl to Elraeknq Wayea and Erosion Ounnp the Beat F hood Lowset Horizontal S1rvelure! KemborAbowo SFE {Freebperdl Bottom or Top of Lowe'[ Lowest HontontaI FIe dir SL.Lrcturvii firWicrbet dFB El E v Z01142 S: �tneern al Lawman Hori2oniel Strax:1 ural M rmhrr. Above BFE IFrembaerdl BPE A -Zone Building iOpen Foundeiion) V -Zane Baui ding (pperi Folincl ti n) Freeboard In reviewing 518 elevation certificates for single-family structures constructed on the island from 2000 to current we found that: o 235 or 45% of the structures were constructed with 1' or greater of freeboard. o 274 or 54% of the structures had less than 1' of freeboard or were built at minimum compliance. o 9 structures were constructed below base flood elevation Freeboard Insurance Savings Examples of savings on a residential structure with $1,000 deductible and $250,000 building coverag > N c O N 1' 2' 3' Annual Savings $2,575 (22%) $4,900 (41%) $6,775 (56%) 30 -Year Savings $77,250 $147,000 $203,250 Q a) c O N 1 , 2' Annual Savings 30 -Year Savings $537 (51%) $16,110 $700 (66%) $21,000 3' $748 (71%) $22,440 Cost of fill • The average cost for 1' of fill on a 2,000 square foot single family home is $5,000. • Elevating an additional 1' to 2' would be an average cost of $7,500. This average is based upon the feedback from local builders. 13 Foundations Finished Floo Fill Foundation Alternatives Garage below BFE — with flood vents Split level foundations BFE finis e Floor Pier and Beam d Floor Non -Conversion Agreement • What is a Non -Conversion Agreement? • Agreement used when community determines that areas below the first floor could convert to non -conforming • What does this mean for new construction? • Agreement signed by owner when applying for Certificate of Occupancy once structure has passed final inspections. • Agreement states that owner will not convert or alter constructed and approved structure. • Enclosing the area would require a permit and can only be used for parking, access or storage. • Agreement filed with recorded property deed. Outreach • Coastal Bend Home Builders Association • Island Strategic Action Committee • North Beach Community Association • Building Code Board of Appeals • Planning Commission Feedback was favorable for adoption of the Higher Standards. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting 4/9/2019 Second Reading Ordinance for the City Council Meeting 4/16/2019 DATE: March 21, 2019 TO: Keith Selman, Interim City Manager FROM: Daniel McGinn, AICP, Director, Planning & Environmental DanielMc@cctexas.com (361) 826-7011 Urban Transportation Plan Amendment — Removal of Oso Parkway & Brezina Road Between SH 286 and the Future Extension of Yorktown Boulevard CAPTION: Ordinance amending Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by removing a segment of Oso Parkway and Brezina Road. PURPOSE: The purpose of this item is to remove Oso Parkway and the end of Brezina Road from the Urban Transportation Plan to reduce obstacles for private development. BACKGROUND AND FINDINGS: The Ybarra Family owns a nine -acre unplatted tract of land zoned "FR" Farm -Rural on Weber Road (FM 43) west of Yorktown Boulevard where they have planned to build a single-family dwelling. Development of the parcel is limited by an approximately three -acre pond, the Oso Creek floodway, and the proposed location of Oso Parkway. The City's Urban Transportation Plan (UTP) Map proposes construction of Oso Parkway on the north side of Oso Creek, north of Weber Road (FM 43) between Brezina Road and SH 286 (Crosstown Expressway). The location would cut through the Ybarra's property and the Ybarra's would be responsible for constructing the portion of Oso Parkway located within their property boundaries when they plat the property. The Ybarra's requested an amendment to the City's UTP to maximize the parcel's buildable area and eliminate the requirement to construct a segment of Oso Parkway. Oso Parkway is designated as a P1 Parkway Collector on the UTP map with an 80 -foot wide right-of-way (ROW), 40 -foot wide paved width, two travel lanes, two parking lanes, and an eight -foot wide sidewalk. The purpose of a P1 Parkway Collector is to provide neighborhood circulation along a route that takes advantage of natural or man-made scenic views or areas. Parkways incorporate hike and bike trails on the "scenic" side of the street. The segment of Oso Parkway from Yorktown Boulevard to Greenwood Drive has been part of the City's Master UTP Map since 1963. At that time, State Highway 286 (Chapman Ranch Road), commonly known as Crosstown Expressway, was not an elevated roadway and an "at -grade" intersection at SH 286 and Oso Parkway was foreseeable. TXDOT recently upgraded SH 286 (Crosstown Expressway) and constructed bridge overpasses at Weber Road and elevated the bridges over Oso Creek. TXDOT's project virtually eliminated any possible opportunity for connectivity through a potential four-way intersection as proposed in this plan. The City's Future Land Use Plan calls for industrial and Navy airfield ("transportation") uses to continue in this area. A Parkway Collector, such as Oso Parkway, is intended to serve a residential area. A Parkway Collector is not necessary for the uses in this area. The U.S. Navy owns 86% of the property between SH 286 and Brezina Road where Oso Parkway is proposed. Roadways in close proximity to airfields and especially runways are not recommended. In addition, portions of the alignment of Oso Parkway between northbound SH 286 frontage road and Weber Road are situated in close proximity to wetland area and to one of the Cabaniss runways. Constructing a road in close proximity to the end of a runway or over wetlands is not advisable. Shifting Oso Parkway in a way to avoid both obstacles is nearly impossible. ALTERNATIVES: 1. Denial of the proposed UTP amendment to remove Oso Parkway/Brezina Road. 2. Realign Oso Parkway — Staff evaluated realigning Oso Parkway off private property and onto Navy property. The Navy already owns 86% of the land where this segment of Oso Parkway is proposed. Shifting Oso Parkway onto Navy property would give the Navy full control of when or if the roadway should be constructed. The realignment would have shifted Oso Parkway into a Clear Zone. The Navy could not endorse the proposal; therefore, staff does not recommend it. OTHER CONSIDERATIONS: Removing Oso Parkway from the plan would prevent the City from requiring the construction of Oso Parkway if the Navy abandoned Cabaniss Airfield and sold the property to a private developer. If the Navy ever sells the property, the City and Navy would need to work together prior to sale to put the Oso Parkway back on the plan if deemed necessary. CONFORMITY TO CITY POLICY: The proposed amendments conform to City policy and master plans. Plan CC Comprehensive Plan, Transportation and Mobility, Goal 1: "Corpus Christi has an efficient and safe transportation network, including bicycles, pedestrians..., and automobiles, that is integrated with land uses and promotes transportation choice, healthy lifestyles, and sustainable development patterns and economic development." Goal 1, Policy 1: "Support a multi -modal transportation network that is integrated with land uses, where destinations are easily connect by accessible paths." Plan CC Comprehensive Plan, Future Land Use, Zoning & Urban Design, Goal 4, Policy 3: "Avoid development that is incompatible with the operation of military airfields and the airport." EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Street Operations (Traffic Engineering), Planning, and Development Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Not applicable Comments: RECOMMENDATION: Staff, Transportation Advisory Commission, and Planning Commission recommend removal of this segment of Oso Parkway from the UTP for the following reasons: • It will not meet the City's transportation goals. • The upgrade of SH 286 creates limitations on access and mobility. • The City's Adopted Future Land Use plan does not warrant a roadway such as Oso Parkway. • Street construction in or near a wetland area is not recommended. • The location is too close to a runway. LIST OF SUPPORTING DOCUMENTS: Presentation Ordinance with Exhibit A Exhibit A — Map of Proposed Amendment Ordinance amending Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by removing a segment of Oso Parkway and Brezina Road. WHEREAS, the Transportation Advisory Commission and Planning Commission have forwarded to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing on Wednesday, March 6, 2019, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, April 9, 2019, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the 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. The Corpus Christi Urban Transportation Plan map of Mobility CC, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by eliminating Oso Parkway between State Highway 286 (Crosstown Expressway) and Brezina Road, north of the Oso Creek, and eliminating Brezina Road between the extension of Oso Parkway to the extension of Yorktown Boulevard/Kostoryz Road, as shown in Exhibit "A". Exhibit A, which is an illustration of the proposed amendment, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 3 EXHIBIT A Page 3 of 3 Urban Transportation Plan (UTP) Amendment Removing Segments of Oso Parkway and Brezina Road City Council Presentation April 9, 2019 Current UTP N o cr, --I o XI -ri - < c lo xi 7.z In 1C) CL 4 y , Ybarra Property Collector Arterial Freeway Oso Parkway <t- FM 43 / WEBER RD ...... .......... .•••••••.•••••••• ...... ••••0 ....................... • ........ ........ 2 Proposed Amendment N Ybarra Property Collector Arterial Freeway Oso Parkway X M••• MMMMMM .......... WEBER RD ••••••••.....• ........ . •••••••••-•• ........... ••••0 ....................... • ................ 3 Proposed Flood Zones • 0.2 PCT ANNUAL CHANCE FLOOD HAZARD. •AE, J AE, FLOODWAY • • i • WEBER RD A 4 Navy Clear Zones f WEBER RD FUTURE OSO PARKWAY Clear Zone OYbarra Property Low Density Residential I--) High Density Residential _ Commercial Mixed Use O Planned Development O Light Industrial O Transportation O Permanent Open Space (--) Agricultural/Rural Future Land Use Plan 6 Wetlands Recommendation Staff, Transportation Advisory Commission, and Planning Commission recommend approval of the proposed amendment. EXHIBIT A x Collector Arterial Freeway Oso Parkway x • x X xoso PU1 XRE Klyq 1 X WEBER RD X ..................................... _....,,.,,,,,, ,........ .............. -........................... AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 19, 2019 Second Reading Ordinance for the City Council Meeting of March 26, 2019 DATE: March 8, 2019 TO: Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Interlocal Agreement with the Port of Corpus Christi Authority for a permitting program. CAPTION: Ordinance authorizing execution of an Interlocal Agreement between City of Corpus Christi and Port of Corpus Christi Authority for a permitting program; and waiving building permit requirements for Port of Corpus Christi Authority property. PURPOSE: The purpose of this ordinance to authorize execution of an Interlocal Agreement between City of Corpus Christi and Port of Corpus Christi Authority for a permitting program; and waiving building permit requirements for Port of Corpus Christi Authority property. BACKGROUND AND FINDINGS: The Port of Corpus Christi Authority is planning to construct a new office building and resurface a parking lot on the south side of the ship channel in the Inner Harbor, immediately west of the existing Harbor Bridge, and within the city limits. The Port Authority desires exemption from platting and a more streamlined process for permitting future developments. The proposed agreement provides for the following: The Port Authority and its tenants: • Are not required to plat, obtain permits, inspections or Certificates of Occupancy for new construction and renovations • Must comply with all technical codes • Will submit affidavit annually to certify new construction and renovations meet codes • Must comply with City's zoning and procedures related to zoning amendments. The City: • May inspect and request copies of construction plans upon request • Requires review and inspections related to health permits, fire alarm, fire line and fire suppression systems to go through and comply with the City of Corpus Christi procedures. Additionally, the Authority seeks to further develop the SEA District, including the establishment of a continuous, walkable connection along the ship channel generally from the American Bank Center to the location of the Authority's new office building and seeks to coordinate planning and design efforts to have mutually successful developments. ALTERNATIVES: Denial of the ordinance or table for further modification of interlocal agreement OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This proposed agreement conforms to the City's policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Fire Department, Health District FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not Applicable Fiscal Year: 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: With exception of Health and Fire Departments plans review and inspections, the City would not collect fees for platting and permitting for projects on Authority property within the city limits. RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance Draft Interlocal Agreement PowerPoint Presentation Ordinance authorizing execution of an Interlocal Agreement between City of Corpus Christi and Port of Corpus Christi Authority for a permitting program; and waiving building permit requirements for Port of Corpus Christi Authority property. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute an Interlocal Government Agreement, in compliance with Chapter 791 of the Government Code, between the City of Corpus Christi and the Port of Corpus Christi Authority of Nueces County, Texas (Port) regarding development and building permitting.. SECTION 2. The City waives platting and building permitting requirements for Port property within the City limits that is subject to an effective Interlocal Government Agreement for development and certification of compliance with City technical construction codes. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for this purpose. SECTION 4. This ordinance takes effect upon passage. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor INTERLOCAL AGREEMENT BETWEEN THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS AND THE CITY OF CORPUS CHRISTI REGARDING DEVELOPMENT AND BUILDING PERMITTING THE STATE OF TEXAS COUNTY OF NUECES § § § KNOW ALL MEN BY THESE PRESENTS THAT: This Interlocal Agreement (the "Agreement") is made and entered into and effective as of the date of last signature (the "Effective Date) by and between the Port of Corpus Christi Authority of Nueces County, Texas, a political subdivision of the State ("AUTHORITY"), whose mailing address is 222 Power Street, Corpus Christi, Texas 78403, and the City of Corpus Christi, Texas, a municipal corporation and home rule city of the State of Texas ("CITY"), whose mailing address is P.O. Box 9277, Corpus Christi, Texas 78469. AUTHORITY and CITY are sometimes referred to in this Agreement as "Parties" and individually as a "Party". RECITALS WHEREAS, the AUTHORITY is constructing a new Office Building on the south side of the ship channel in the Inner Harbor, immediately west of the existing Harbor Bridge, and within the city limits of the City of Corpus Christi, Texas; WHEREAS, the CITY seeks to further develop the SEA District, including the establishment of a continuous, walkable connection along the ship channel generally from the American Bank Center to the location of the AUTHORITY's new Office Building; WHEREAS, a portion of the right-of-way of the existing Harbor Bridge will revert to the AUTHORITY upon the decommissioning of the existing Harbor Bridge; WHEREAS, the CITY's plans will likely require the CITY's use of a portion of AUTHORITY's Harbor Bridge right-of-way and other areas along the ship channel; WHEREAS, the AUTHORITY also plans to use portions of the right-of-way for parking and landscaping to support the new Office Building; WHEREAS, parking and landscaping is not included in the scope of work for the AUTHORITY's design -build contract for the new Office Building because plans for the development of this area of the right-of-way have yet to be finalized; WHEREAS, the CITY will soon engage a firm to assist with development of the CITY's plans adjacent to the ship channel and the vicinity of the right-of-way and the AUTHORITY will soon engage a firm to design parking and landscaping improvements within the right-of-way; WHEREAS, the CITY and AUTHORITY agree to coordinate planning and design efforts to have mutually successful developments; and WHEREAS, this Agreement applies only to AUTHORITY property located outside of the boundaries of a CITY Industrial District but within the Corpus Christi city limits ("AUTHORITY property"), and specifically excludes the properties acquired by the AUTHORITY through the Harbor Bridge Replacement Project Four Party Agreement between the Texas Department of Transportation, the Port of Corpus Christi, the City of Corpus Christi, and the Corpus Christi Housing Authority (See attached Exhibit A - Excluded Area). NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth herein, this Agreement is entered into by and between the CITY and AUTHORITY and based on the consideration, undertakings and agreements, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1 AGREEMENTS 1.1 On AUTHORITY property, the AUTHORITY shall require all new construction or renovation of buildings, structures, facilities, and infrastructure to meet or exceed applicable CITY code standards, which are in effect at the time of construction. 1.2 The CITY agrees that the AUTHORITY and its tenants located on AUTHORITY property will not be required to plat, obtain building permits including flood plain management permits, obtain inspections or certificates of occupancy for new building or renovations utilizing the CITY's process excluding the properties in Exhibit A - Excluded Area. The AUTHORITY must, however, require that new construction or renovations comply with all provisions of the CITY's technical construction and flood plain management codes in effect at the time of design, and shall provide annually on January 15 to the CITY an affidavit certifying compliance with these codes for new construction and renovation. The CITY will not issue any certificates of occupancy for buildings or renovations constructed without a CITY permit. 1.3 This agreement does not waive City Zoning regulations. The AUTHORITY will go through and comply with the CITY'S procedures for zoning, zoning amendments and certificate of appropriateness for historic landmarks/districts. 2 321601 1.4 The AUTHORITY will provide the CITY with copies of detailed plans for new construction or renovation projects on the AUTHORITY'S property in an electronic format upon request by the CITY. 1.5 The AUTHORITY will conduct and be responsible for all plan reviews and inspections on the AUTHORITY'S property with exception of fire and health plan reviews and inspections. 1.6 Fire. All alarm, fire line and fire suppression systems will go through the CITY'S Fire Department permitting, plan review and testing process currently in place. The AUTHORITY agrees to pay all fees associated with the Fire Department permitting, plan review and system testing. The AUTHORITY agrees to provide plans, specifications for building fire alarm, fire lines and all fire suppression systems to the CITY'S fire plan review consultant for review and approval prior to installation and agrees to pay all fees associated with fire consultant plan review. The Corpus Christi Fire Department fire prevention division will inspect all fire alarm, fire lines and fire suppression systems for initial acceptance. The AUTHORITY agrees not to occupy the building until the Corpus Christi Fire Department fire prevention division tests and passes all life safety systems. 1.7 Health. All health plan review and permits will go through the CITY'S Health Department plan review and permitting process currently in place. The AUTHORITY agrees to pay all fees associated with plan review and permitting. 1.8 The AUTHORITY will require that the AUTHORITY Architect/Engineer (A/E), Contractor, and all design and construction or renovation on the AUTHORITY'S property, comply with all provisions of the CITY's technical construction codes. 1.9 Water System All connections to the CITY water system shall be equipped with backflow prevention devices that are necessary to prevent backflow and back siphonage. To assure such connection, the CITY inspection division shall have the right to inspect any installations connected to the CITY water system to the point of such valves or safety device, and failure to install or maintain in good operating condition such devise shall authorize the City to disconnect such installation from the CITY water supply. The following unacceptable practices are prohibited by State regulations. A. No direct connection between the public drinking water supply and a potential source of contamination is permitted. Potential sources of contamination shall be isolated from the City water system by an air -gap, an appropriate backflow prevention device, or other device allowed by State law. 3 321601 B. No cross -connection between the public drinking water supply and a private water system is permitted. These potential threats to the public drinking water supply shall be eliminated at the service connection by the installation of an air -gap, a reduced pressure -zone backflow prevention device, or other device allowed by State Law. C. No connection which allows water to be returned to the public drinking water supply is permitted. D. No pipe or pipe fitting which contains more than 0.25% lead may be used for the installation or repair of plumbing at any connection which provides water for human use. E. No solder or flux which contains more than 0.2% lead can be used for the installation or repair of plumbing at any connection which provides water for human use. 1.10 The AUTHORITY will make all buildings, structures, facilities, infrastructure and land uses located on AUTHORITY property available for inspection by the CITY. Subject to AUTHORITY security measures, the CITY may at its sole discretion elect to conduct routine inspections and coordinate access with AUTHORITY for inspections during normal business hours. The AUTHORITY agrees to allow at its sole discretion periodic inspections and review of plans by CITY staff to ensure compliance with applicable codes. Any non-compliance issues found by the CITY will be communicated to AUTHORITY and addressed by the AUTHORITY within a reasonable time period. The CITY will notify AUTHORITY in writing of issues not resolved to the CITY'S satisfaction and the AUTHORITY shall comply with City standards. 1.11 Demolition. All building demolition permits will go through the CITY'S Development Services Department's demolition review and permitting process currently in place. The AUTHORITY agrees to pay all fees associated with demolition review and permitting including municipal solid waste fees. 1.12 The AUTHORITY agrees to commit to working with the City to establish a long-term lease or other appropriate agreement(s) to support the City's plans for the walkable connection along the ship channel. 1.13 The AUTHORITY will keep the CITY staff informed of the status of the proposed design of parking and landscaping improvements within the right-of- way to be built upon the decommissioning of the existing Harbor Bridge. 1.14. The AUTHORITY shall be responsible for the installation of any required infrastructure and/or public improvements for new construction or renovation. In the event the AUTHORITY subdivides or files a plat, the AUTHORITY shall be 4 321601 responsible for the installation of any required infrastructure and/or public improvements. ARTICLE 2 GENERAL PROVISIONS 2.1 No Joint Enterprise. This Agreement is not intended to and shall not create a joint enterprise between Authority and the CITY. The Parties are undertaking governmental functions under this Agreement and the purpose of the Agreement is solely to further the public good, rather than any pecuniary or proprietary purpose. 2.2 Agreement not for Benefit of Third Parties. This Agreement is made for the exclusive benefit of Authority and the CITY and not for the benefit of any third party or parties. 2.3 Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, Venue for this Agreement shall be in Nueces County, Texas. 2.4 Severability. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this Agreement shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this Agreement, for it is the intent of the Parties that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 2.5 Amendments. No amendments, modifications or other changes to this Agreement shall be valid or effective without the written consent of the Parties. 2.6 Termination. This Agreement will commence on the date of execution by the CITY and continue for an initial term of four (4) years, and which is automatically renewed annually. Should the CITY desire to terminate the agreement for convenience, prior to the expiration of the current term, or any renewal term of the agreement, CITY must provide 45 days' notice to the AUTHORITY. CITY may terminate for cause for a material breach effective immediately upon receipt of notification to the AUTHORITY. The City Manager will have authority to effect said termination for cause or convenience without further action by the City Council. Should the AUTHORITY desire to terminate the agreement for convenience, prior to the expiration of the current term, or any renewal term of the agreement, AUTHOIRTY must provide 45 days' notice to the CITY. 5 321601 2.7 Renegotiation. In case any one or more of the provisions hereof should be held to be illegal, invalid, or unenforceable in any respect, the CITY and the AUTHORITY agree to make a good faith effort to renegotiate another agreement to fulfill the purpose and intent of the present Agreement. In addition, if any provisions hereof should be held to be illegal, invalid or unenforceable in any respect, such illegality, invalidity or unenforceability will not affect any other provision of this Agreement and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been included in this Agreement. 2.8 Immunity. It is expressly understood and agreed that nothing in this Agreement waives or relinquishes the right of AUTHORITY or the CITY to claim any exceptions, privileges, or immunities as may be provided by law. 2.9 Notices. All notices, demands or requests from the CITY to AUTHORITY shall be given to the Port of Corpus Christi Authority of Nueces County, Texas, Attention: Sean Strawbridge, Chief Executive Officer, P.O. Box 1541, Corpus Christi, Texas 78403, or at such other address as Authority shall request in writing. All notices, demands or requests from AUTHORITY to the CITY shall be given to the City of Corpus Christi, Attention: Director of Development Services, at 1201 Leopard Street, Corpus Christi, Texas 78401, or at such other address as the CITY shall request in writing. 2.10 Payments. Any payment made by either the CITY or AUTHORITY for any of the services provided pursuant to this Agreement shall be made out of current revenues available to such party as required by the Interlocal Cooperation Act. All funding obligations of the CITY or AUTHORITY under this Agreement are subject to the appropriation of funds. 2.11 Interlocal Cooperation Act. This Agreement is subject to the terms and provisions of the Texas Interlocal Cooperation Act, (the "Act"), codified as Chapter 791 of the Teas Government Code. Each party represents that this agreement has been duly passed and approved by its governing body, as required by the Act. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by duly authorized offices as of the dates provided below each signature, to be effective, however, for all purposed, as of the Effective Date. (Signatures are on the next page) 6 321601 WITNESS this day of 2019. CITY OF CORPUS CHRISTI PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS Samuel Keith Selman Sean C. Strawbridge Interim City Manager Chief Executive Officer ATTEST: Rebecca Huerta City Secretary APPROVED AS TO FORM: Buck Brice Assistant City Attorney For City Attorney 7 321601 S C AL E 0' PORT CORPUS CHRISTI SCALE: OWN. BY: PORT OF CORPUS CHRISTI AUTHORITY INTERLOCAL AGREEMENT BETWEEN THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS AND THE CITY OF CORPUS CHRISTI REGARDING DEVELOPMENT AND BUILDING PERMITTING 1:1000 EXHIBIT A -EXCLUDED AREA TIME: BV TIME: 11:38:20 :338:29 :20 Interlocal Agreement with Port of Corpus Christi Authority of Nueces County City Council Presentation March 19, 2019 Interlocal Agreement 1 • 1 • • • • • •Z • ♦ ,• • • ♦ ♦ Corpus Christi .• Legend City Limits / / Industrial District Port of Corpus Christi Properties Vicinity Map t N Interlocal Agreement Port Authority/Tenant obligations • Will not be required to plat, obtain permits, inspections or CofOs for new construction and renovations • Will comply with all technical codes and zoning • Will submit affidavit annually certifying new construction and renovations meet codes City obligations • Review and inspections related to health permits, demolition permits, fire alarm, fire line and fire suppression systems will go through the City of Corpus Christi procedures and the Authority will pay all associated fees • City may inspect and request copies of construction plans upon request Interlocal Agreement Contract Compliance • Non-compliance issues found by the City will be communicated to Port Authority and addressed by the Authority within a reasonable time period. • City will notify Authority in writing of issues not resolved to the City's satisfaction and the Authority shall comply with City standards. Termination • 4 year term, automatic annual renewal • 45 days notice to terminate for convenience • City may terminate for cause for a material breach upon receipt of notification to Authority • Renegotiation Staff Recommendation Approval AGENDA MEMORANDUM City Council Meeting of Tuesday, April 9, 2019 DATE: April 2, 2019 TO: Keith Selman, Interim City Manager FROM: Sean Strawbridge, CEO Alternate Contact:Nelda Olivo, Director of Government Affairs sstrawbridge(a�rocca.com nelda@pocca.com 361-885-6133 361-885-6113 Presentation from Port of Corpus Christi Authority OUTSIDE PRESENTER(S): Name 1. Charles W. Zahn, Jr. 2. Wayne Squires 3. Richard R. Valls, Jr. 4. David P. Engel Title/Position Organization Port of Corpus Christi Chairman Port of Corpus Christi Authority Port of Corpus Christi Vice -Chairman Port of Corpus Christi Authority Port of Corpus Christi Secretary Port of Corpus Christi Authority Port of Corpus Christi Commissioner Port of Corpus Christi Authority BACKGROUND: Receive an update from the Port of Corpus Christi Authority comprising of economic impact, multimodal connectivity, environmental leadership, and community commitment. LIST OF SUPPORTING DOCUMENTS: No attachment AGENDA MEMORANDUM City Council Meeting of April 9, 2019 DATE: April 2, 2019 TO: Keith Selman, Interim City Manager FROM: Carolyn Vaughn, Chairperson North Beach Infrastructure Task Force North Beach Infrastructure Task Force Update OUTSIDE PRESENTER(S): Name Title/Position 1. Carolyn Vaughn Chairperson Task Force BACKGROUND: Organization North Beach Infrastructure The North Beach Infrastructure Task Force (NBITF) report to the City Council will be a short update given by the NBITF Chairperson Carolyn Vaughn on progress the past Year and recommendation for the creation of TIRZ #4 on North Beach. LIST OF SUPPORTING DOCUMENTS: None AGENDA MEMORANDUM for the City Council Meeting of April 9, 2019 DATE: TO: FROM: February 27, 2019 Keith Selman, Interim City Manager Nina Nixon -Mendez, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Biennial Trust Fund Presentation STAFF PRESENTER(S): Name 1. Nina Nixon -Mendez 2. Alma Casas 3. Martha Messer 4. Michael Johnston OUTSIDE PRESENTER(S): Name 1. None 2. 3. BACKGROUND: Title/Position Director Interim Director Chief Accountant Contracts Administrator Title/Position Department Development Services Finance Finance Development Services The purpose of this item is to provide a briefing on the Utilities Trust Fund. LIST OF SUPPORTING DOCUMENTS: Presentation Organization Biennial Report for the Utilities Trust Fund City Council Presentation April 9, 2019 Overview On 18 April 2018 an audit of the utilities trust fund was conducted by the City Auditor. One of the recommendations of the audit was for Development Services to provide biennial updates to City Council on the health of the Utilities Trust Fund. This brief is an update to City Council on the status of the utilities trust fund. Utility Trust Fund Balances FY2007—FY2018 $9,000,000 $6,128,139 $7,528,257 $7,000,000 $5,000,000 $3,000,000 $922,972 $1,000,000 -$1,000,000 -$2,580,332 -$3,000,000 - $1,161,497 Combined Trust Fund balance Combined Annual balance of deposits and payouts -$5,000,000 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Utility Trust Fund Balances FY2007—FY2018 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 - Water Arterial Transmission & Grid Main Trust Water Distribution Main Trust - Sanitary Sewer Trunk System Trust - Sanitary Sewer Collection Line Trust Combined Trust Fund Balance 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 4 Deposits to and Payments from Trust Fund $2,000,000 $1,000,000 $0 -$1,000,000 - $2,000,000 -$3,000,000 - $4,000,000 -$5,000,000 Deposits to and Payments from Trust Fund FY2007 - FY2018 $785,877 -4,332,493 -1,959,706 $1,925,148 -1,210,621 - Consolidated Trust Fund Deposits - Consolidated Trust Fund Payments 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Active Contracts with Trust Fund Water Arterial Transmission & Main Grid Trust Agreements: Royal Creek Unit 7 $109,354.20 Royal Creek Unit 8 $183,810.74 Sanitary Sewer Trunk Agreement: London Towne Sanitary Sewer Collection Agreement: Airline Estates $3,470,180.13 $52,514.90 Total Reimbursement Liability: $3,815,859.97 Total Payments in Current Fiscal Year: $525,202.40 Grand Total Reimbursement Liability/Payments: $4,341,062.37 Trust Fund Liabilities and Balance Trust Fund Balance as of 2/28/19: $8,079,487.56 Trust Fund Liabilities/Payments: $4,341,062.37 Remaining Trust Fund Balance : $3,738,425.19 Individual Fund Activity Water Arterial Transmission & Grid Main Trust $1,582,514.09 $293,164.94 0.00 $1,289,349.15 Water Distribution Main Trust $535,282.87 0.00 0.00 $535,282.87 Sanitary Sewer Sanitary Sewer Trunk System Collection Line Trust Trust $4,847,913.08 $3,470,180.13 $510,478.40 $867,254.55 $1,113,777.52 Starting Balance $52,514.90 Total Liabilities $14,724.00 Total Payments $1,046,538.62 Balance Available Trust Fund Fees Collected Trust Fund fees collected in FY2018 — Water Arterial Grid Main Fund Lot or Acreage Fee 75% Surcharge Water Distribution Main Fund Prorata Fee 25% Surcharge Sanitary Sewer Trunk Fund Lot or Acreage Fee 75% Surcharge Sanitary Sewer Collection Line Fund Prorata Fee 25% Surcharge Total Fees Collected: FY2019 YTD: $648,843.92 $236,925.00 $122,936.60 $78,975.00 $538,623.54 $270,490.50 $93,887.58 $90,163.50 $2,080,845.64 Wastewater Fee Exemptions CY 2013-2018 FID PLAT NAME 0 KITTY HAWK SUBDIVISION UNIT 2 1 KITTY HAWK SUBDIVISION UNIT 3 2 WATERS EDGE AT KITTY HAWK SUBDIVISION UNIT 1 3 WILDCAT INDUSTRIAL PARK, BLK 2, LOT8 4 WILDCAT INDUSTRIAL PARK S BUENA VISTA ADDITION, SLK 3, LOTS 2A & 3 6 KING ESTATES UNIT 7 THE GRAND RESERVE SUBDIVISION UNIT 2 8 SEGER HORSE BARNS, BLX 1, LOT 1 9 WEDGEWOOD TERRACE UNIT 3 10 CAI+ DHL COMMERCIAL TRACTS, BLX 1, LOT 1 11 LAYTON MANOR, BLK 1, LOT4 12 LEWIS & COOK ADDITION, BLK 1, LOT 1 13 N UECES GARDENS NO. 2, LOT 49A & 498 14 DON PATRICIO, BLK G, LOT 1R 15 SUMMER BREEZE ESTATE PH II, BLK 1. LOTS 1-10 16 050 GEORGE VILLAGE UNIT 2 17 HOLLY INDUSTRIAL SUBDIVISION, LOT 1-B 18 HARRIS ACRES, BLX 1, LOT 1 19 STEPS TERMINAL SLK 1, LOT1 20 WATER'S EDGE AT KITTY HAWK SUBDIVISION UNIT 2 21 KEN LEY ESTATES 22 TRAIL BLAZER ADDITION. BLK 1, LOT 5 23 PUERTO LOS CABALLEROS TRACT, BLK 1, LOT 1 24 PARK SPRINGS IHS, BLK 1, LOTS 1 - 3 25 FLOUR BLUFF GARDENS UNIT 2 BLK 2. LOTS 2A/2B 26 OAK TERRACE UNIT 1, BLOCK 2, LOT 7 27 KINGS ESTATES UNfT2 S6,739 59 S6393 97 547,585.59 $5,749.86 562635/7 j a 51,3E5.20 $36,447.20 t,y S36,729.9E0 511,876.76 515,003.05 59,253.19 57,902-13 54,02176 54,98007 51.036.80 ..: 52*670.75 ....Y.w„ 574,748.18��4>�,y>, SZ529.31 ; ,....a,,,,, SG 393.97'0 5280816.25 524,381.9Z" >�•��� 521.424 44 $6,079-71 ^a.uIOn $2450.76=,67,2,,,,,„,„ 55,298.97 „','s•' I' ... Nueces Bay r 4 3 ti $1,135.31 Legend _ •aril.., r Exm peon (Lap 5 num) 0 2.5 5 cavo se• Oso • 2 1., 18 \ 14 20 16 17 \ B\ 25 r 6 , I ' F 1 �� 27~ — 15 %f 21 7 -. 22 ( �I 10 \ IAies 10 Trust Fund Actions Efforts that have been taken to help with fiscal health and management of the utility trust fund. City Council approved an amendment to the UDC to remove the 5.5% interest credit to holding deposits in the fund. (Ord 031539 dated 09/14/18) More oversight in contract management to ensure reimbursements from the fund are timely and accurate. Assessed options to increase fees charged by Utilities Trust Fund. 11 Trust Fund Fees and Charges The Unified Development Code states that prior to the annual budget, fees and charges are to be indexed to the Construction Cost Index. The Construction Cost Index is widely used in the construction industry, has a materials and labor component, and is based on a 20 city average. There is no indication that the fees the City of Corpus Christi charges have been updated using the Construction Cost Index and there are no records indicating that fee's have increased over the past 10 years. If the CCI is used we anticipate a 38 percent increase in current fees. 12 CBHBA Trust Fund Committee The Coastal Bend Home Builders Association met in May and December 2018 and made the following recommendations regarding fees: 1. A 10 percent increase in trust fund fees 2. Reinstate the annual CCI increase to fees Comparison of Fees Increases Water Fees Res. Acreage Res. Lot Com. Acreage Com. Lot Prorata Surcharge Wastewater Fees Acreage Lot Prorata Surcharge Current Fees Amount $719.00 $182.00 $1,439.00 $359.00 $10.53 $243.00 $1,571.00 $393.00 $12.18 $277.00 Adjusted from 2007 using the CCI (1.38) $992.22 $251.16 $1,985.82 $495.42 $14.53 $335.34 $2,167.98 $542.34 $16.81 $382.26 Adjusted using the CBHBA recommendation (1.10) $790.90 $200.20 $1,582.90 $394.90 $11.58 $267.30 $1,728.10 $432.30 $13.40 $304.70 Trust Fund Deposits with CCI Adjustments FY2007-FY2018 $2,500,000 $2,100,000 $1,700,000 $1,300,000 $900,000 $500,000 ❑ Current Deposits O Adjusted Deposits with CCI 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 15 Fee Options To ensure the future health of the Utilities Trust Fund: 1. Increase in basic fees charged by the Utilities Trust Fund to 10 percent above the current level and reinstate the annual CCI fee as recommend by the Coastal Bend Home Builders Association Trust Fund Committee (CBHBA). 2. Adjust fees and charges to mirror the industry standard outlined in the ERN Construction Cost Index based on the Engineering News Record Cost Index (Dec 2018 edition). 3. Eliminate wastewater fee exemption ties to sewer construction waivers. Continued Discussion at Future Workshop Trust Fund Agreement Items Trust Fund Reimbursement Agreement required items (per the UDC) : Collection Line: A wastewater line of 15 inch diameter and smaller that conveys wastewater. Distribution Mains: Mains of 12 inches inside diameter, or smaller, connected to the supply mains that provide fire protection and domestic service. Grid Mains: Mains of 12 inches inside diameter, or larger, that serve as distribution supply mains and are not to exceed 6,000 feet in length between cross connection mains. Trunk Line: A wastewater line of 18 inches in diameter and larger which conveys wastewater. Transmission Mains: Mains of large diameter used to transport water from treatment facilities to distribution. Lift Station: A structure designed for collection and pumping or lifting wastewater conveyed to it by trunk or collection lines. 18 UDC — Waivers to Wastewater Facility Construction All platted property within the City Limits and the ETJ shall be served by an approved wastewater system with sufficient capacity as determined by master plans and city standards. Waivers shall be submitted for on-site sewage facilities (aerobic septic, individual wastewater treatment plant, interim service) when wastewater service is not reasonably accessible. • Reasonably accessible means: - Master plan facilities are in the service area and can be extended - Collection lines of sufficient capacity within 1000 feet of the property Waivers to allow septic systems are considered by Planning Commission for approval. UDC - Fee Exemptions and Refunds Lot/Acreage Fee Exemptions: If Planning Commission approves the waiver allowing the septic system, they provide a recommendation to City Council on the lot/acreage fee exemption Criteria for exemption: Such exempted areas shall be those determined by the City Council to not likely to be served by City wastewater services within the next 15 years ...." - City Council is final authority on the fee exemption - Practice is considered on a case by case basis Refunds of Wastewater Lot/Acreage Fees: Owners may receive a refund, if, after 10 years, but not more than 20 years from the filing of the plat. A refund may be made if City Council finds: - No wastewater lines serve their property from City's system or other governmental entity, district, or authority - The property is not likely to be served within 5 years 20