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Agenda Packet City Council - 04/16/2019
City of Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, April 16, 2019 10:00 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 12:30 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 Pastor Claude Axel, Mount Pilgrim Baptist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Annette Rodriguez, Director of Public Health. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. PUBLIC INTERVIEWS FOR THE CITY MANAGER POSITION The City Council will conduct public interviews of the finalists for the vacant City Manager position. No public comment will be solicited. F. Proclamations / Commendations 1. 19-0520 Proclamation declaring April 25 - May 12, 2019, "The 82nd Buccaneer Days Celebration". Presentation from CITGO. City of Corpus Christi Page 1 Printed on 4/15/2019 City Council Meeting Agenda - Final April 16, 2019 G. SPECIAL RECOGNITION: 2. 19-0483 Resolution in recognition of David G. Noyola, honoring his many years of service to Corpus Christi. Attachments: Resolution - David G. Noyola H. MINUTES: 3. 19-0519 Regular Meeting of April 9, 2019. Attachments: Minutes - April 9, 2019 I. BOARD & COMMITTEE APPOINTMENTS: (NONE) J 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. K. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:30 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. City of Corpus Christi Page 2 Printed on 4/15/2019 City Council Meeting Agenda - Final April 16, 2019 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. L. 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. 19-0269 Emergency Medical and Police Priority Dispatch CaII 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 5. 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 City of Corpus Christi Page 3 Printed on 4/15/2019 City Council Meeting Agenda - Final April 16, 2019 Service Agreement 68768 - Eventide Recorder Maintenance 6. 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 - Plumbinq Services for CCFD Service Agreement - Plumbinq Services for CCFD 7. 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. 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 8. 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 9. 19-0451 Second Reading Ordinance - Rezoning for a Property located at or near 5813 and 6001 Old Brownsville Road (1st Reading 4/9/19) 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): City of Corpus Christi Page 4 Printed on 4/15/2019 City Council Meeting Agenda - Final April 16, 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 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 Halal Trust. PC Rec Presentation 0319-01 Greer Evans and Halaj Trust CC Report 0319-01 Greer Evans and Halaj Trust 10. 19-0452 Second Reading Ordinance - Amending City Code to revise regulatory standards related to freeboard, limit of moderate -wave action, and non -conversion agreement (1st Reading 4/9/19) 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 Amended Ordinance - Flood Hazard Prevention Code Higher Standards Presentation - Flood Hazard Prevention Code Higher Standards CC 4.9.2019 11. 19-0406 Second Reading Ordinance - Urban Transportation Plan Amendment for Oso Parkway and Brezina Road (1st Reading 4/9/19) 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 Oso Parkway and Brezina Road. Attachments: Agenda Memo Council OsoPkwyBrezina Ordinance UTP Oso Pkwy-Brezina Presentation Oso Pkwy-Brezina Council EXHIBIT A M. FUTURE AGENDA ITEMS: (ITEMS 12 - 13) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 12. 19-0475 Payment for Cleaning of Sanitary Sewer Mains in the Downtown City of Corpus Christi Page 5 Printed on 4/15/2019 City Council Meeting Agenda - Final April 16, 2019 Area Motion authorizing the City Manager, or designee, to ratify payment to Ace Pipe Cleaning, Inc., in the amount of $194,768.75 for the cleaning of 8,044.9 linear feet of sanitary sewer mains in the downtown area (Broadway Basin). Attachments: Agenda Memo - Ace Pipe ratification Attach -Direct Payment Request for PipeCleaning_3.11.19 13. 19-0486 Service Agreement for Information Technology Consulting Services Motion authorizing a professional service agreement for IT consulting services with Peter Collins of Corpus Christi, Texas for a not to exceed value of $160,000. Attachments: Agenda Memo - IT Consulting Services Service Agreement 2190 - IT Consulting Services N. FUTURE CORPORATION MEETING: (ITEM 14) 14. 19-0488 Special Meeting of the North Padre Island Development Corporation Attachments: Agenda Memo - NPDIC Meeting 4-16-2019 NPIDC Agenda for April 16, 2019 NPIDC Minutes of 2-19-2019 Meeting O. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. P. PUBLIC HEARINGS: (ITEMS 15 - 16) 15. 19-0457 Public Hearing and First Reading Ordinance - Amending the Wastewater Collection System Master Plan by relocating lift station 13 to the as -built location Ordinance amending the Wastewater Collection System Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by relocating Lift Station 13 to the as -built location and adjusting alignment/size of the collection lines as identified in the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Area 1, as identified in the Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983; amending related elements of the City's Comprehensive Plan; providing for severance; and providing for publication. Attachments: Agenda Memo - Wastewater Master Plan Amendmen t-OSO W.R.P. Service Are Ordinance - Master Sanitary Sewer Plan for the Southern Portion of the Corpus City of Corpus Christi Page 6 Printed on 4/15/2019 City Council Meeting Agenda - Final April 16, 2019 Exhibit A Exhibit B Exhibit C WW SPA -30 NARRATIVE 2-26-19 Presentation - WW Master Plan Amend -Final 16. 19-0507 Public Hearing for the Annexation of 161.56 acres in the London Area Public hearing on a proposed annexation of land generally located on both sides of County Road 33 and to the north of FM 43. Attachments: Agenda Memo - London Town Annexation Municipal Service Plan - London Towne Annexation Fiscal Impact Analysis - London Towne Annexation Petition - London Towne Annexation Presentation - London Towne Annexation Q. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. R. FIRST READING ORDINANCES: (ITEMS 17 - 22) 17. 19-0493 First Reading Ordinance - Dedicating Wetland Preserve for Harbor Bridge Replacement Project (HBRP) Ordinance declaring and dedicating 16.744 acres of land located on North Beach as a wetland preserve; authorizing execution of the deed restriction and actions necessary to maintain the protected property as a wetland preserve subject to the conditions of U.S. Army Corps of Engineers Permit and Final Mitigation Plan for the US 181 Harbor Bridge Replacement Project filed by Flatiron-Dragados, LLC. Attachments: Agenda Memo- North Beach Wetalands Ordinance - Deed Restriction - Wetlands Wetland Dedication Deed Restriction North Beach Wetlands - City Council Exhibit 2019-03-08 Draft Eco Park Site Map Presentation - North Beach Wetlands 18. 19-0436 First Reading Ordinance - Accepting and appropriating State Grant for Law Enforcement Officer Standards and Education account for training and equipment Ordinance accepting $26,109.20 from State of Texas - Law Enforcement Officer Standards and Education Account; and appropriating $26,109.20 City of Corpus Christi Page 7 Printed on 4/15/2019 City Council Meeting Agenda - Final April 16, 2019 in Police Grants Fund. Attachments: Agenda Memo - LEOSE approp 04.16.2019 Award letter 2019 Ordinance - LEOSE Grant 2019 19. 19-0487 First Reading Ordinance - Cession agreement to cede extraterritorial jurisdiction of certain areas to the City of Portland Ordinance providing for the cession by the City of Corpus Christi to the City of Portland of all annexation rights and police powers over and in certain tracts of land, by mutual agreement; and providing for publication. Attachments: Agenda Memo - Portland Cession Agreement Ordinance - Portland Cession Agreement Presentation - Portland Cession Agreement 20. 19-0376 First Reading Ordinance - Rezoning for a Property located at or near 1401 North Alameda Street (Tabled 3/26/19) 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. Attachments: Agenda Memo 0219-02 HCS 311, LLC Ordinance 0219-02 HCS 311, LLC Ordinance Special Permit 0219-02 HCS 311, LLC CC Report 0219-02 HCS 311 LLC Presentation 0219-02 HCS 311, LLC 21. 19-0553 First Reading Ordinance - Approving amendment to TIRZ #2 Project and Financing Plan Ordinance approving the amendment to the Tax Increment Reinvestment Zone #2 amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas, regarding the approval of funds up to $4,000,000 for the Park Road 22 Bridge Project. City of Corpus Christi Page 8 Printed on 4/15/2019 City Council Meeting Agenda - Final April 16, 2019 Attachments: Agenda Memo - TIRZ #2 Project Plan Amendment Ordinance - TIRZ 2 Project Plan 4-16-2019 TIRZ #2 Project Plan 04-16-2019 Exhibits 22. 19-0484 First Reading Ordinance - Approving a Developer Agreement for Park Road 22 Bridge Ordinance appropriating $4,000,000 from the TIRZ #2 fund for construction of the Park Road 22 Bridge; and approving a developer agreement with Diamond Beach Holdings, LLC and Padre Island Holdings, LLC, which certifies the availability of $11,696,319.50 for the construction of the Park Road 22 Bridge and requires the award of the construction contract for the bridge after the third -party canal is completed. Attachments: Agenda Memo - PR 22 Developer Agreement 04.09.19 Ordinance PR 22 Developer Agreement Developer Agreement Final 03.22.19 S. BRIEFINGS: (NONE) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. The City Manager or City Council Liaison for any city board, commission, committee or corporation (including Type A or B Corporation) may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. T. 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. U. EXECUTIVE SESSION: (ITEMS 23 - 25) 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. 23. 19-0525 Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 City of Corpus Christi Page 9 Printed on 4/15/2019 City Council Meeting Agenda - Final April 16, 2019 to consult with attorneys concerning legal issues related to contractual obligations pursuant to the lease of property to SQH Sports & Entertainment, Inc. near the intersection of State Highway 286 and Weber Road and areas adjacent thereto and pursuant to Texas Government Code § 551.072 to discuss and deliberate the lease and value of the aforementioned real property owned by the City when deliberation in open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 24. 19-0526 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, 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). 25. 19-0537 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. V. 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. W. ADJOURNMENT City of Corpus Christi Page 10 Printed on 4/15/2019 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 City of Corpus Christi Meeting Minutes 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. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:30 a.m. B. Invocation to be given by Deacon Fred Castillo, Our Lady of Perpetual Help Catholic Church. Deacon Fred Castillo gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Norma Duran, Management Assistant, City Secretary's Office. Ms. Norma Duran 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. (Council Member Molina arrived at 12:48 p.m.) 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 4/12/2019 City Council Meeting Minutes April 9, 2019 Present: 9 - Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith E. Proclamations / Commendations 1. Proclamation declaring 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". Proclamation declaring April 2019, "Corpus Christi Safe Digging Month". Swearing -In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. Mayor McComb presented the proclamations and conducted the swearing-in ceremony for newly appointed board and committee members. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. All items on this agenda are considered public hearings. Mayor McComb deviated from the agenda and referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum for the Council Chambers. City Secretary Rebecca L. Huerta conducted the swearing-in ceremony. Ernie Salinas, 6066 S. Alameda, presented a petition in opposition to the changes made to Carson Street. Juan Cantu, 1029 E. Fulton; Michael Kennedy, 202 Reef; Bob Catalano, 201 Surfside; Ron Graban, 202 Surfside; Dennis Patel, 213 Kleberg; Shannon Bussell, 4000 Surfside; Kathleen Higgins, 709 Naples; Tom Schmid, 13510 Bullion; Carrie Meyer, 4401 Gulfbreeze; Marion Elder, 4242 Gulfbreeze; Sonny Paredez, 201 Reef; Jill Paredez, 201 Reef; Barbara Cowling, 202 Reef; David Cowling, 202 Reef; Diane Gardener, 307 Palmero; and Steve Gomez, 6630 Clarion, spoke in support of Agenda item 23, North Beach Infrastructure improvements. Adela Padron, 202 Reef; Sandy Murch, 4000 Surfside; and Roger Murch, 4000 Surfside, spoke in opposition to Agenda Item 23, North Beach Infrastructure City of Corpus Christi Page 2 Printed on 4/12/2019 City Council Meeting Minutes April 9, 2019 improvements. Margaret Fratila, 3606 Tripoli, spoke regarding compliance with requirements for street signage and street numbers on buildings. Julie Rogers, 710 Furman, spoke regarding the City's public libraries including: recognizing National Library Week and April 9th is National Library Workers' Day; appreciation for library workers; the activities occurring at libraries; the Library Board's Annual Report; hours of operation; and the lack of funding. Garrett Dorsey, 2037 Sunnycrest, and Victor Ibarra, 13669 Teague, spoke in opposition to Item 19, amending City Code to revise regulatory standards related to freeboard, limit of moderate -wave action, and non -conversion agreement. Norma Rivera, 7526 Exeter Court; Fela Rivera, 2534 Fleece, Manager of Statewide Wrecker Service; and Irma Rivera, 3449 Morgan Ave, Texas Wrecker Service, spoke regarding an autowrecker service dispatch system being tested on behalf of the Corpus Christi Police Department including: before purchasing the software, that all wrecker companies have an opportunity to test the software; and alleged conflict of interest involving Mike Staff, and requested a special counsel to investigate. Lori Cole, 506 Dixon Drive, Amy's Wrecker and Sanford's Wrecker Service, requested that prior to the Corpus Christi Police Department purchasing a new autowrecker service dispatch system that all wrecker companies have an opportunity to test the software. David Diaz, 4626 Oso Parkway, requested that the City Council consider a City Manager candidate that is familiar with the City's oil and gas industry, shipping industry, military installations, and universities. Brian Watson, 5813 Hugo, spoke regarding: the City of Abilene's program to locate and reserve suitable housing for homeless veterans; the City of Houston being insolvent due to financial commitments; and the Port of Corpus Christi Authority's contract with The Carlyle Group. Ray Madrigal de Pancho Villa, 4253 Dody, spoke regarding transparency in hiring the new City Manager. Colin Sykes, 309 Aberdeen, spoke regarding climate changes and global warming. Bart Braselton, 5337 Yorktown, spoke regarding Agenda Item 24, Biennial Trust Fund, and stated that the Coastal Bend Homebuilders Association and the Developer Study Group support staffs recommendation. John Medina, 4930 Mokry, requested that the City release the footage from body camera and police car cameras related to a recent shooting involving Corpus Christi police officers. Q. BRIEFINGS: (ITEM 23) 23. North Beach Infrastructure Task Force Mayor McComb deviated from the agenda and referred to Item 23, North Beach Infrastructure Task Force. Mayor McComb stated that the purpose of the North Beach Task Force (Task Force) was to present options to solve the drainage issues on North Beach. Nueces County Commissioner and Chairperson of the North Beach Task Force Carolyn Vaughn presented the following information: the creation of the Task Force; the members of the Task Force; the objectives including: review the North Beach Master Plan, identify an implementation plan and provide a report to the City Council; a list of organizations and individuals that assisted the Task Force; and findings including: a topographical map of the area was provided by Urban Engineering; that repeated flooding and drainage issues on North Beach have shut down multiple business and impact pubic safety, that the new Harbor Bridge will cause additional impact to response times from first responders; that it is imperative that the drainage issues be solved before the new Harbor Bridge is opened; that having studied the values of over 400 parcels of land, less than City of Corpus Christi Page 3 Printed on 4/12/2019 City Council Meeting Minutes April 9, 2019 half of the value of North Beach is taxable; that it is necessary to have a tax increment financing zone (TIRZ) in place before major investment occurs; if a canal would solve drainage issues on North Beach; and cost estimates of the canal. County Commissioner Vaughn presented the following recommendations: 1) direct the City Manager to hire Urban Engineering through a small contract, not to exceed $50,000, which is within the authorized amount your City Manager can already approve, Urban Engineering shall present these cost estimates on the canal to the City Council no later than May 2019 in order to achieve the stormwater drainage canal improvements by 2023; 2) direct staff from the Legal Department to pursue the creation of TIRZ #4 on North Beach; the Task Force will provide the TIRZ, TIF and Feasibility documents that have been prepared at no cost to the City so that the Legal Department may review, verify, and present to the City Council for approval in May 2019; and 3) direct staff to immediately provide a copy (email or printed) of the City Employee Ethics Policy and the Fraud Awareness and Prevention Policy enacted on May 10, 2012; these include access to the Fraud Hotline as well as Whistleblower protection for those employees coming forward with knowledge about issues within the city and even top-level employees; this effort is to encourage alignment of all staff with all ethics policies, fraud awareness and prevention policies, as directed by City Council. Mayor McComb discussed the cost estimates for the canal and the creation of a TIRZ for North Beach. MOTION OF DIRECTION Council Member Roy made a motion directing the City Manager to continue to move forward to direct City Manager to hire engineering through a small contract, direct staff for the Legal Department to pursue the creation of the TIRZ #4, and to provide a copy of the City Employee Ethics Policy, seconded by Council Member Garza and approved unanimously. Council members and Interim City Manager Keith Selman discussed the following topics: following procurement rules and regulations; clarification on the motion of direction; clarification regarding if the motion of direction included moving forward with a contract not to exceed $50,000; and that the direction is to move forward and bring back a recommendation regarding a TIRZ. AMENDED MOTION OF DIRECTION Council Member Roy made a motion directing the City Manager to follow all procurement procedures to get an engineer and a contract to take a look at this and to bring back the presentation on the TIRZ and begin the process for the creation of the TIRZ, seconded by Council Member Garza and approved unanimously. Mayor McComb called for a brief recess at 1:58 p.m. Mayor McComb reconvened the Council meeting at 2:10 p.m. Q. BRIEFINGS: (ITEM 22) 22. Port of Corpus Christi Update City of Corpus Christi Page 4 Printed on 4/12/2019 City Council Meeting Minutes April 9, 2019 Mayor McComb deviated from the agenda and referred to Item 22, Port of Corpus Christi (Port) Update. Port Commissioner David Engel provided a brief overview of the roles and responsibilities of Port Commissioners. Port Commissioner Wayne Squires provided an update on the deepening and widening of the Ship Channel. Port Commissioner Richard Valls presented the following information regarding environmental leadership and community reinvestment: that the Port's fundamental directive is to facilitate maritime commerce that protects the public interest; economic impact; the environmental policy's five key precepts; environmental improvement efforts; job generation in 2017; and reinvestment in the community. Charlie Zahn, Chairman of the Port Commission, stated that the purpose of deepening and widening the Ship Channel is to improve safety and accommodate larger vessels. Council members discussed the following topics: the water depth of the Ship Channel; extending aids -to -navigation; the Port's relationship at the federal government; appreciation to the Port Commission; how the deepening and widening of the Ship Channel will impact Port operations; the Port's economic impact and job creation; and the deadline for the Voluntary Buyout Program for the Washington Coles/Hillcrest Neighborhood. S. EXECUTIVE SESSION: (ITEMS 25 - 26) Mayor McComb deviated from the agenda and referred to Executive Session Items 25 and 26. The Council went into executive session at 2:40 p.m. The Council returned from executive session at 4:34 p.m. 25. 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 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. This E -Session Item was discussed in executive session. 26. 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 26. Mayor McComb announced that a tentative schedule was discussed to begin the interview process with the City Manager City of Corpus Christi Page 5 Printed on 4/12/2019 City Council Meeting Minutes April 9, 2019 finalists. The tentative dates will be Sunday, April 14, 2019; Monday, April 15, 2019 and Tuesday, April 16, 2019. The consultants are working to confirm the finalists' availability and the City Council will announce that final schedule to the public. M. RECESS FOR LUNCH The recess for lunch was held during Executive Session Items 25 and 26. 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: a. UTILITY BILLING UPDATE c. OTHER None. 1) The La Retama Central Library is celebrating "Week of the Young Child, Soaring with Dinosaurs" on Saturday, April 13, 2019 from 10:00 a.m. to 2:00 p.m. 2) Corpus Christi Animal Care Services is sponsoring a new program, Woof Readers, on Thursdays from 4:00 p.m. to 5:00 p.m. at 2626 Holly Road. The program allows children to read to animals in the shelter. 3) A public meeting will be held regarding the Residential Street Rebuild Program on Monday, April 15, 2019 from 5:30 p.m. to 7:00 p.m. at the Garden Senior Center, 5325 Greely. b. TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS) PRESENTATION Interim Assistant City Manager Constance Sanchez introduced Texas Municipal Retirement System Senior Regional Manager Anthony Mills who presented an update on the Texas Municipal Retirement System (TMRS) consisting of the following topics: TMRS history and membership; Corpus Christi and TMRS; Corpus Christi's TMRS plan design; Corpus Christi's plan changes; the amortization schedule; ad hoc benefit adoptions; Corpus Christi's recent rate history; a comparison of Corpus Christi to peer cities and their TMRS plans; and TMRS plan design. Council members and Mr. Mills discussed the following topics: the cost associated with the increase in the deposit rate to 7%; the 70% annuity increase auto -readopt costs; the City's options to change the plan design; the life expectancy tables used by TMRS; the City's contribution rate and vesting requirements; the impact of closing the plan to new employees; a defined contribution plan versus a defined benefit plan; how the 70% annuity increase relates to a cost of living adjustment; that the City is funding 24.61% on a monthly basis; that the rate the City pays for the current benefit design costs more than the old plan design; that TMRS anticipates the City's rate to remain steady; that the City is prepaying for cost of living increases to have a lower percentage moving forward; the City's total contribution rate on an annual basis; the retirement rate contributions; that the City will budget 24.61% in next City of Corpus Christi Page 6 Printed on 4/12/2019 City Council Meeting Minutes April 9, 2019 year's budget; that the City has a closed plan, and at the end of 25 years the City's plan should be fully -funded; the cost of living increases that are expected; the 5% guarantee interest rate; that TMRS regularly provides an update on the performance of the fund and investment allocations; the City's 2 to 1 match; potential legislation that would cap cities' ability to increase property taxes at 2.5% per year; the total liability amortized over 25 years; the annual costs for retirement; that it requires a two-thirds vote by City employees to reduce the deposit rate; plan changes that do not require employee input; private versus public retirement plans; that since 1948, TMRS has not missed paying out one retirement check; that a future council would have the option to change provisions in the City's plan; that currently a tiered benefit option is not allowed per existing state statute; and contractual obligations related to the Police collective bargaining agreement. G. MINUTES: 2. Regular Meeting of March 26, 2019, Workshop Meeting of March 28, 2019 and Special Meeting of April 2, 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. H. BOARD & COMMITTEE APPOINTMENTS: 3. Airport Board Board of Adjustment Corpus Christi Downtown Management District Senior Companion Program Advisory Committee Mayor McComb referred to board and committee appointments. The following appointments were made: Airport Board Council Member Smith made a motion to reappoint Karl Tomlinson and Donald M. Feferman (Advisory, non-voting), seconded by Council Member Garza and passed unanimously. Council Member Guajardo made a motion to appoint Ted J. Mandel and Kusumakar Sooda, seconded by Council Member Hernandez and passed unanimously. Board of Adjustment Council Member Molina made a motion to appoint Vida Alvarez Mason (Alternate), seconded y Council Member Garza and passed unanimously. Corpus Christi Downtown Management District City of Corpus Christi Page 7 Printed on 4/12/2019 City Council Meeting Minutes April 9, 2019 Council Member Smith made a motion to appoint Cheryl A. Votzmeyer (Property Owner), seconded by Council Member Roy and passed unanimously. Senior Companion Program Advisory Committee Council Member Garza made a motion to reappoint Christine Head (SCP Volunteer), reinstate Jeannine M. Leal (At -Large) and appoint Lidia Lopez (At -Large), seconded by Council Member Barrera and passed unanimously. I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 11) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. A council member requested that Item 10 be pulled for individual consideration. There were no comments from the public. A motion was made by Council Member Garza, seconded by Council Member Roy, to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 4. 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 passed on the consent agenda. Enactment No: M2019-056 5. 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 Resolution was passed on the consent agenda. City of Corpus Christi Page 8 Printed on 4/12/2019 City Council Meeting Minutes April 9, 2019 Enactment No: 031730 6. Motion appointing Council Member Everett Roy to the American Bank Center's Advisory Council. This Motion was passed on the consent agenda. Enactment No: M2019-057 7. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031731 8. 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 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031732 9. Second Reading Ordinance - Amending the Unified Development City of Corpus Christi Page 9 Printed on 4/12/2019 City Council Meeting Minutes April 9, 2019 11. 10. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031733 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031735 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. Mayor McComb referred to Item 10, amending the Urban Transportation Plan by removing a segment of Bronx Avenue. Director of Planning and ESI Daniel McGinn and a council member discussed the following topics: the location of the hike -and -bike trail within a residential neighborhood in front of residential houses; other hike -and -bike trails connecting between lots; that Del Mar College has agreed to pay for the pedestrian bridge and bicycle path; if there are additional setback requirements; and the impact the removal of Bronx Avenue will have on emergency response times. There were no comments from the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Guajardo. 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 Hunter, Council Member Molina, Council Member Roy and Council Member Smith Nay: 1 - Council Member Hernandez Abstained: 0 City of Corpus Christi Page 10 Printed on 4/12/2019 City Council Meeting Minutes April 9, 2019 Enactment No: 031734 L. FUTURE AGENDA ITEMS: (ITEMS 12 - 17) Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman did not have any planned presentations. Council members requested information on Items 14, 15, 16, and 17. 12. 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. This Resolution was recommended to the consent agenda. 13. 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. This Resolution was recommended to the consent agenda. 14. 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. This Motion was recommended to the consent agenda. 15. 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. This Motion was recommended to the consent agenda. 16. Professional Services Contract for O.N. Stevens Water Treatment Plant (ONSWTP) Clearwell No.3 (Capital Improvement Program) City of Corpus Christi Page 11 Printed on 4/12/2019 City Council Meeting Minutes April 9, 2019 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. This Motion was recommended to the consent agenda. 17. Resolution in recognition of David G. Noyola, honoring his many years of service to Corpus Christi. This Resolution was recommended to the consent agenda. N. PUBLIC HEARINGS: (ITEMS 18 - 20) 18. 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 RS -6" Single -Family District to the "IL" Light Industrial District on Tract 2. Mayor McComb referred to Item 18. 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 an industrial park. Ms. Nixon -Mendez stated that the Planning Commission and staff recommend 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, and in lieu thereof, approval of the "IC" Industrial Compatible District for Tract 1 and approval of the "IL" Light Industrial District for Tract 2. Council members spoke regarding the following topics: that the Planning Commission and staffs recommendation meet the applicant's needs; and the difference between the allowable uses in the "IC" and "IL" zoning districts. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. City of Corpus Christi Page 12 Printed on 4/12/2019 City Council Meeting Minutes April 9, 2019 19. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye: 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 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'. Mayor McComb referred to Item 19. Floodplain Manager Yvette Dodd -Wallace stated that the purpose of this item is to amend the City's Code of Ordinances, Chapter 14, to adopt higher standards for Flood Hazard Prevention. City Council tabled this item on September 11, 2018 pending further information regarding the cost of developing with freeboard. The City is a voluntary participant in the National Flood Insurance Program's Community Rating System. 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. Adopting higher standards promotes public health, safety, and general welfare by minimizing public and private losses due to flood conditions in areas with a special flood hazard and allows the City to generate additional points that result in further premium discounts for residents. The City is currently a Class 7 community with a total of 1,689 which results in a 15% discount in premiums in a special flood hazard area. Ms. Dodd -Wallace presented the following information: the Community Rating System (CRS) discount; the proposed higher standards including: LiMWA (limit of moderate wave action), freeboard, and non -conversion agreement; coastal zones/LiMWA; the LiMWA map; the debris line from Hurricane Harvey in comparison to the proposed LiMWA; photos of erosion and scour at Punta Vista Condominiums located on the island after Hurricane Harvey; freeboard; freeboard insurance savings; cost of structural fill; foundation types and alternatives; the non -conversion agreement; and outreach. Mayor McComb opened the public hearing. Wendy Herman, Coastal Bend Homebuilders Association (Association), thanked staff for their outreach and coming to a compromise with the Association. Ms. Herman said the Association is in support of the freeboard, however, Association members expressed concern regarding infill, runoff and cost and requested consideration to exempt areas that are 75% built. In response to a council member, Ms. Herman spoke regarding how adding 2 feet of freeboard would burden low -to -moderate areas and affordability of homes. Council members and staff discussed the following topics: that the City is close to receiving the 20% CRS discount; that insurance numbers are based on the City of Corpus Christi Page 13 Printed on 4/12/2019 City Council Meeting Minutes April 9, 2019 Federal Emergency Management Agency's (FEMA) insurance savings costs; actual insurance quotes for building 1 foot and 2 feet of freeboard; how affordable housing and low -to -moderate areas would be impacted by the higher standards; that the garage level be at base floor elevation (BFE); a council member spoke in support of 2 feet of freeboard, removal of the LiMWA, and adopting of the non -conversion agreement; the advantages of LiMWA; how increasing freeboard to 2 feet on new construction would affect existing homes; that homebuilders would be responsible for retaining walls to address drainage; the cost associated with 2 feet of freeboard; that the Padre Island Homeowners Association only allows builders to build slab on grade structures; that most homes on the island are at 1 foot of freeboard; that the higher standards only impact special flood hazard areas; that the Building Code Board of Appeals can grant a variance to building at higher standards; insurance costs for flood insurance; flood insurance policies in Zones A and V; if the Pharaoh Valley area is in the flood zone; the number of points associated with LiMWA; if there is an insurance discount for having LiMWA; staffs recommendation regarding LiMWA; a provision requiring that new subdivisions, established after July 1, 2019, would have the same requirements; identifying areas for 2 feet of freeboard and the non -conversion agreement. Council Member Guajardo made a motion to adopt 1 foot of freeboard in the special flood hazard areas and direct the Interim City Manager to come back within 6 months with a recommendation on identified areas in new subdivisions to build at 2 feet of freeboard, seconded by Council Member Smith and passed unanimously (Council Member Garza - absent). Mayor McComb closed the public hearing. Council Member Smith made a motion to not adopt LiMWA standards, seconded by Council Member Council Member Guajardo. In response to a council member, Ms. Dodd -Wallace stated that by not supporting LiMWA standards, the City loses the opportunity for discounts. The motion to amend was passed and approved with the following vote; Mayor McComb and Council Members Barrera, Guajardo, Hunter, Molina, Roy, and Smith, voting "Aye"; Council Member Hernandez voting "No" (Council Member Garza - absent). Council Member Smith made a motion to adopt the non -conversion agreement, seconded by Council Member Guajardo and passed unanimously (Council Member Garza - absent). Council Member Smith made a motion to approve the ordinance as amended, seconded by Council Member Hunter. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Garza Abstained: 0 City of Corpus Christi Page 14 Printed on 4/12/2019 City Council Meeting Minutes April 9, 2019 20. 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. Mayor McComb referred to Item 20. Director of Planning and ESI Daniel McGinn stated that the purpose of this item is to amend the Urban Transportation Plan map of Mobility CC by removing a segment of Oso Parkway and Brezina Road. Mr. McGinn presented the following information: the current Urban Transportation Plan; the proposed amendment; proposed flood zones; U.S. Navy clear zones; future land use plan; wetlands; and recommendation. There were no comments from the Council or the public. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Garza Abstained: 0 O. REGULAR AGENDA: (ITEM 21) 21. 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. Mayor McComb referred to Item 21, an interlocal agreement with the Port of Corpus Christi Authority (Port) for a permitting program. Director of Development Services Nina Nixon -Mendez stated that this item was tabled by City Council on March 26, 2019 to allow staff time to work with the Port to consider excluding properties acquired by the Port through the Harbor Bridge replacement project. The Port is in agreement with excluding these properties from the Interlocal Agreement. Ms. Nixon -Mendez stated that she received communication from Errol Summerlin, Citizens Alliance for Fairness and Progress, supporting the amended interlocal agreement. There were no comments from the public. Council members discussed the following topics: the loss in revenue as a result City of Corpus Christi Page 15 Printed on 4/12/2019 City Council Meeting Minutes April 9, 2019 of the Port permitting their new facility; appreciation to staff and the Port for listening to the community's concerns; and if the Port is assuming responsibility for their property. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Roy. This Ordinance was passed on second reading and approved with the following vote: Aye: 7 - Mayor McComb, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Nay: 1 - Council Member Barrera Absent: 1 - Council Member Garza Abstained: 0 Enactment No: 031736 P. FIRST READING ORDINANCES: (NONE) Q. BRIEFINGS: (ITEMS 22 - 24) 24. Biennial Trust Fund Mayor McComb referred to Item 24, a presentation on the Utilities Trust Funds. Director of Development Services Nina Nixon -Mendez introduced the presentation team including: Interim Director of Finance Alma Casas; Chief Accountant Martha Messer; and Contracts Administrator Michael Johnston. Ms. Nixon -Mendez presented the following information: an overview of the utility trust funds; the Utility Trust Fund balances from FY2007-2018; the Utility Trust Fund balances, with a breakdown of individual funds from FY2007-2018; deposits to and payments from the Utility Trust Fund; active contracts with the Utility Trust Fund; Utility Trust Fund liabilities and balance; individual fund activity; trust fund fees collected; a map of the wastewater fee exemptions from 2013-2018; steps taken to improve the fiscal health and management of the utility trust fund; trust fund fees and charges; recommendations from the Coastal Bend Homebuilders Association; a comparison of fee increases; trust fund deposits with construction cost index (CCI) adjustments; and fee options. Council members and staff discussed the following topics: alternative sources of funding areas in the City's extraterritorial jurisdiction (ETJ); a policy for addressing new development in the ETJ; if recommendations could be phased -in; the impact of adopting all of the fee options; and eliminating the wastewater fee exemption. R. LEGISLATIVE UPDATE: S. EXECUTIVE SESSION: (ITEM 26) 26. Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, City of Corpus Christi Page 16 Printed on 4/12/2019 City Council Meeting Minutes April 9, 2019 evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Mayor McComb returned to discussion on Item 26. Mayor McComb presented a schedule of events related to the interview process for the City Manager finalists. Beginning Sunday April 14, 2019, City Manager finalist would would arrive in Corpus Christi and take a bus tour of the City, with council members representing different districts throughout the community; Monday, April 15, 2019, an opportunity for the media to meet the finalists, a formal interview process by City Council in executive session, and a public meet and greet open to the community; Tuesday, April 16, 2019, an additional opportunity for the media to meet the candidates; a public question and answer process for the finalists during the City Council meeting, with a possible executive session. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS U. ADJOURNMENT None. The meeting was adjourned at 8:02 p.m. City of Corpus Christi Page 17 Printed on 4/12/2019 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:.�,_,.; 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 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 1 (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 1 (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 1 (one) foot at or 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 1 (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 1 (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 1 (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: (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 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 damageimprovemcnts 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 1 (one) foot at or above the base flood elevationleve4. Page 3 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. cb. 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) (8) 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. 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 5 (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. Page 4 (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 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 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 6 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 Future Item for the City Council Meeting of April 16, 2019 Action Item for the City Council Meeting of April 23, 2019 DATE: March 25, 2019 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Dan Grimsbo, Executive Director of Water Utilities dang@cctexas.com (361) 826-3851 Motion to ratify payment to Ace Pipe Cleaning, Inc., in the amount of $194,768.75 for the cleaning of 8,044.9 linear feet of sanitary sewer mains in the downtown area (Broadway Basin) CAPTION Motion authorizing the City Manager, or designee, to ratify payment to Ace Pipe Cleaning, Inc., in the amount of $194,768.75 for the cleaning of 8,044.9 linear feet of sanitary sewer mains in the downtown area (Broadway Basin). PURPOSE Ratify payment made to Ace Pipe Cleaning, Inc. for cleaning of sanitary sewer mains. BACKGROUND Due to the results of extreme rain events in the summer and early fall of 2018, Water Utilities went forward to inspect and clean sanitary sewer mains in the city downtown area (Broadway Basin). The supply agreement with CSI Consolidated, LLC dba Clean Serve, LLC (SA No.1004) for large diameter (greater than 18") cleaning was depleted at that time and would not renew until early 2019. CSI was an out-of-town vendor, so their equipment had been withdrawn. The City had a current supply agreement (SA No.682) with Ace Pipe Cleaning, Inc. for small diameter pipe (less or equal to 18") cleaning. The sanitary sewer mains needing to be cleaned within the Broadway Basin were sizes greater than 18". Water Utilities does not own capable equipment and have enough manpower to clean these large size sewer mains. However, Water Utilities staff was aware that Ace Pipe had the proper sized equipment needed for the cleaning. Ace Pipe was available to do the work for the same large diameter hourly rate as CSI would have charged. Ace Pipe completed the work of cleaning 8,044.9 linear feet (about 1.5 miles) of sanitary sewer mains over a time period during October & Nov 2018. Due to the size of the sanitary sewer main, it did not fall within the Ace Pipe supply agreement. Invoices totaling $194,768.75 were paid by direct payment for the work completed in the Broadway Basin. ALTERNATIVES: none OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Water Utilities Legal FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 (as of 3/26/19) Current Year Future Years TOTALS Line Item Budget $6,552,211.60 $6,552,211.60 Encumbered / Expended Amount $2,758,759.77 $2,758,759.77 This item $194,768.75 $194,768.75 BALANCE $3,598,683.08 $3,598,683.08 Fund(s): Wastewater Fund 4200-33400-042 Comments: Not applicable RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Direct Pay Memo with attachments MEMORANDUM Water Utilities Department TO: Mark Van Vleck, Assistant City Manager FROM: Kevin Norton, Director, Water Utilities SUBJECT: Direct Payment Request Large Diameter Pipe Cleaning of the Broadway Basin - Ace Pipe Cleaning, Inc. DATE: March 8, 2019 SUMMARY: Due to the results of extreme rain events in the summer and early fall of 2018, Water Utilities went forward to inspect and clean sanitary sewer mains in the city downtown area (Broadway Basin). The supply agreement with CSI Consolidated, LLC dba Clean Serve, LLC (SA No.1004) for large diameter (greater than 18") cleaning was depleted at that time and would not renew until early 2019. CSI was an out-of-town vendor, so their equipment had been withdrawn. The City had a current supply agreement (SA No.682) with Ace Pipe Cleaning, Inc. for small diameter pipe (less than or equal to 18") cleaning. The sanitary sewer mains that needed to be cleaned within the Broadway Basin were sizes greater than 18". Water Utilities does not own capable equipment or enough manpower to clean these large -size sewer mains. However, Water Utilities staff was aware that Ace Pipe had the proper sized equipment needed for the cleaning. Ace Pipe was available to do the work for the same large diameter hourly rate as CSI would have charged. Ace Pipe completed the work of cleaning 8,045 linear feet (1.52 miles) of sanitary sewer mains during October & November 2018. Due to the size of the sanitary sewer mains, it did not fall within the Ace Pipe supply agreement. Invoices totaling $194,768.75 need to be paid by direct payment for the work completed in the Broadway Basin (attached). FUTURE ACTION: Water Utilities will be taking an agenda item to City Council to ratify this action. Kevrn Norton, Director of Water Utilities Mark Van Vleck, Assistant City Manager Da e 3 1/ /9 Date *PLEASE REMIT PAYMENT TO ADDRESS ACE PIPE CLEANING, INC. Specializing in today's needs for environmental protection 6601 Universal Avenue • Kansas City, MO 64120-1330 (816) 241-2891 • Fax (816) 241-5054 Bill To: CITY OF CORPUS CHRISTI ATTN: ACCOUNTS PAYABLE 1201 LEOPARD CORPUS CHRISTI, TX 78466 INVOICE: 138565A Page: 1 Invoice Number 138565A Date 10/18/2018 Our Job No. COR001-10 Your Reference Requisition No. Release No. Authority Terms **NET 30 DAYS** For Transactions To 9/30/2018 Item/Description Quantity Unit Unit Price Total Price SERVICES PROVIDED SEPTEMBER 6 & 7, 2018 CITY REQUEST: CLEAN & CCTV / STANDBY OPERATOR & JETTER/COMBO TRUCK 13.50 HR OPERATOR AND A TV TRUCK 13.50 HR **Email inquiries to jcastel@acepipe.com or call Jessica @ 817-332-1115 190.00 2,565.00 185.00 2,497.50 Subtotal: 5,062.50 Amount Paid: 0.00 Total: 5,062.50 *PLEASE REMIT PAYMENT TO ADDRESS ACE PIPE CLEANING, INC. Specializing in today's needs for environmental protection 6601 Universal Avenue • Kansas City, MO 64120-1330 (816) 241-2891 • Fax (816) 241-5054 Bill To: CITY OF CORPUS CHRISTI ATTN: ACCOUNTS PAYABLE 1201 LEOPARD CORPUS CHRISTI, TX 78466 INVOICE: 138565B Page: 1 Invoice Number 138565B Date 10/18/2018 Our Job No. COR001-10 Your Reference Requisition No. Release No. Authority Terms **NET 30 DAYS** For Transactions To 9/30/2018 Item/Description Quantity Unit Unit Price Total Price SERVICES PROVIDED SEPTEMBER 6 & 7, 2018 CITY REQUEST: CLEAN & CCTV / STANDBY EQUIPMENT FUEL 13.50 HR **Email inquiries to jcastel@acepipe.com or call Jessica @ 817-332-1115 37.50 506.25 Subtotal: 506.25 Amount Paid: 0.00 Total: 506.25 *PLEASE REMIT PAYMENT TO ADDRESS ACE PIPE CLEANING, INC. Specializing in today's needs for environmental protection 6601 Universal Avenue 9 Kansas City, MO 64120-1330 (816) 241-2891 a Fax (816) 241-5054 Bill To: CITY OF CORPUS CHRISTI ATTN: ACCOUNTS PAYABLE 1201 LEOPARD CORPUS CHRISTI, TX 78466 Item/Description SERVICES PROVIDED OCTOBER 2018 LARGE DIAMETER CLEANING DIAMETERS GREATER THAN 18" LARGE DIAMETER CLEANING SEGMENTS COMPLETED: 24" 1128674-1122516 24"1122516-1125776 24"1125776-1121231 24" 1121125-1132459 24" 1132459-1134610 24"1134610-1121070 36" 1121070-1124223 36"1124223-243969192 24" 243969192-243969232 36" 243969232-243969157 24"1132227-243969157 INVOICE: 138834 Page: 1 Invoice Number 138834 Date 10/31/2018 Our Job No. COR001-10 Your Reference Requisition No. Release No. Authority Terms **NET 30 DAYS** For Transactions To 10/31/2018 \\N_ " **Email inquiries to jcastel@acepipe.com or call Jessica @a7 817-332-1115 Quantity Unit Unit Price Total Price 94.00 HR 550.00 51,700.00 Subtotal: Amount Paid: Total: 51, 700.00 0.00 51, 700.00 *PLEASE REMIT PAYMENT TO ADDRESS ACE PIPE CLEANING, INC. Specializing in today's needs for environmental protection 6601 Universal Avenue • Kansas City, MO 64120-1330 (816) 241-2891 • Fax (816) 241-5054 Bill To: CITY OF CORPUS CHRISTI ATTN: ACCOUNTS PAYABLE 1201 LEOPARD CORPUS CHRISTI, TX 78466 Item/Description SERVICES PROVIDED NOVEMBER 2018 LARGE DIAMETER CLEANING DIAMETERS GREATER THAN 18" LARGE DIAMETER CLEANING SEGMENTS COMPLETED: 21"_1120941-1121825 21"_1121825-1122893 21"_1122892-1120941 21"_1122893 -Lift Station 21"_1124370-1130439 21"_1131343-1124370 21"_1131343-1129661 21"_1133295-1129661 24"_1120626-31812347 2411121901-445867986 24'11123562-1130439 24"_1132227-1121901 24"_31812347-1123562 36'11130439-380861318 36"EOL-1125298 INVOICE: 138968 Invoice Number 138968 Date 11/30/2018 Our Job No. COR001-10 Your Reference Requisition No. Release No. Authority Terms **NET 30 DAYS** For Transactions To 11/30/2018 Page: 1 Quantity Unit Unit Price Total Price **Email inquiries to jcastel@acepipe.com or call Jessica @ 817-332-1115 250.00 HR 550.00 137,500.00 Subtotal. 137,500.00 Amount Paid 0.00 Total: 137, 500.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 16, 2019 Action Item for the City Council Meeting of April 23, 2019 DATE: April 16, 2019 TO: Keith Selman, Interim City Manager FROM: Kim Baker, Director of Contracts and Procurement Department KimB2@cctexas.com (361) 826-3169 Professional Service Agreement for IT Consulting Services CAPTION: Motion authorizing a professional service agreement for IT consulting services with Peter Collins of Corpus Christi, Texas for a not to exceed value of $160,000. PURPOSE: The purpose of this agenda item is to continue the effort that began with Peter Collins to complete the project recovery phase of the Infor Enterprise System and allow for the operational duties put in place "best practices" for managing an IT Department. BACKGROUND AND FINDINGS: The Infor Enterprise System was at a point of collapse prior to the arrival of Peter Collins on October 4, 2018. There were a number of critical issues that had to be corrected immediately in order to triage the system to a point of fragile stability. These critical issues were related to technology, vendors, internal support, preventative maintenance, hardware, work flow, lack of documentation, want of staff training, and issues in public perception. These issues are winding down but still must be completely resolved in order to stabilize the Infor Enterprise System. Departments affected include: IT, Financial Services (Utility Billing, Treasury, Accounting, Payroll, Accounts Payable); Development Services; Human Resources; Utilities (Water, Wastewater, and Gas), Solid Waste, and Streets. In January 2019, the Contractor was named Interim Director of IT. This contract scope of work, therefore, will not only consist of a project recovery phase as it relates to the Infor Enterprise System but also will include operational duties associated with managing the City's IT department. ALTERNATIVES: No feasible alternatives based on the work that has already been undertaken. OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statutes regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: City Manager FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $195,035.50 $60,000.00 $255,035.50 Encumbered / Expended Amount $70,019.90 $0.00 $70,019.00 This item $100,000.00 $60,000.00 $160,000.00 BALANCE $25,015.60 $0.00 $25,015.60 Fund(s): Infor Tech Fund 5210, Org. 40400, Acct #530000 Comments: RECOMMENDATION: Staff recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: Professional Services Agreement PROFESSIONAL SERVICE AGREEMENT NO. 2190 IT Consulting Services THIS IT Consulting Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Peter Collins ("Contractor), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has agreed to provide IT Consulting Services. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide IT Consulting 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. 2. Term. This Agreement is for eight 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 $160,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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. 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 Professional Service Agreement Page 1 of 7 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: Keith Selman Department: Interim City Manager Phone: 361-826-3898 Email: KeithSe@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. Standard of Care. Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 7. 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. Professional Service Agreement Page 2 of 7 8. Independent Contractor; Release. (A) In performing this Agreement, both the City and Contractor shall act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. Contractor shall perform all professional services as an independent contractor and shall furnish such Services in his own manner and method, and under no circumstance or condition shall an employee, agent, or representative of either party be considered or construed to be an employee, agent, or representative of the other party. (B) As an independent contractor, no workers' compensation insurance shall be obtained by City covering the Contractor and employees of the Contractor. The Contractor shall comply with any and all workers' compensation laws pertaining to the Contractor and employees of the Contractor. (C) The Contractor acknowledges, understands, and agrees that, as a non- employee of the City, he is not entitled to participate in any of the City's employee benefit programs nor are his spouse or any dependents entitled to participate. (D) The Contractor further acknowledges, understands, and agrees that he will perform the Services on City property, away from City property, or a mix of both, as may be agreed upon by the City's Project Manager and the Contractor from time to time. For the purposes of performing Services on City property and with City equipment and in lieu of the Contractor's having workers' compensation coverage, the Contractor agrees to execute the Release of Liability and Covenant Not to Sue, which is attached to this Agreement as Attachment E and the contents of which, as a completed instrument, is incorporated by reference into this Agreement as if fully set out in this document. (D) 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. (E) Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. Professional Service Agreement Page 3 of 7 (F) Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. (G) 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. (H) 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: (IJ IF TO CITY: City of Corpus Christi Attn: Keith Selman Title: Interim City Manager Address: 1201 Leopard St., Corpus Christi, Texas 78401 Phone: 361-826-3898 Fax: N/A IF TO CONTRACTOR: Peter Collins Attn: Peter Collins Title: N/A Address: 344 Clifford St, Corpus Christi, Texas 78404 Phone: 218-242-9642 Fax: N/A 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, Professional Service Agreement Page 4 of 7 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. (J) Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. (K) 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. (L) 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. (M) 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; Professional Service Agreement Page 5 of 7 (N) 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. (0) 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. (P) 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. (Q) Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties (SIGNATURE PAGE FOLLOWS) Professional Service Agreement Page 6 of 7 CONTRACT Signature: Printed Name: ?e,`I'(:-)o C_(//c Title: t, A) Date: 17// 'I CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Release of Liability and Covenant Not to Sue Professional Service Agreement Page 7 of 7 Attachment A - Scope of Work Contact Information: Peter Collins Email: pec2525@mac.com or peterc©cctexas.com Phone: 218-242-9642 or 361.826.3135 Background: The Infor Enterprise System was at a point of collapse prior to the arrival of Peter Collins on October 4, 2018. There were a number of critical issues that had to be corrected immediately in order to triage the system to a point of fragile stability. These critical issues were related to technology, vendors, internal support, preventative maintenance, hardware, work flow, lack of documentation, want of staff training, and issues in public perception. These issues are winding down but still must be completely resolved in order to stabilize the Infor Enterprise System. Departments affected include: IT, Financial Services (Utility Billing, Treasury, Accounting, Payroll, Accounts Payable); Development Services; Human Resources; Utilities (Water, Wastewater, and Gas), Solid Waste, and Streets. In January 2019, the Contractor was named Interim Director of IT. The scope of work, therefore, will not only consist of a Project Recovery Phase as it relates to the Infor Enterprise System but also will include operational duties associated with managing the City's IT department. A. Scope of work for Project Recovery Phase: 1. The Project Recovery Phase will result in corrective action to make key changes that are crucial to the stability of the Infor Enterprise System. The overriding purpose of this phase is to identify and correct current critical issues. The goal is to stabilize and focus the system to a position that is being used to its designed purpose and remove the instability that currently exists. 2. During the Project Recovery Phase the Contractor will provide structure to regain control of the project and provide closure to unresolved issues. At the conclusion of the Project Recovery Phase, the Infor Enterprise System will be in a firm state to support the City as an enterprise solution. Staff will be trained relevant to their tasks and position. System failure should not become a possibility unless the changes made are not adhered to by City staff. Staff will be trained relevant to their tasks and position. 3. In the Project Recovery Phase, the Contractor will take the following assessments and corrective actions (not all-inclusive): • Work flow issues • IT skill set to support the Infor Enterprise System • Identification of training needs for IT staff to support the Infor Enterprise System • Creation of standard operating procedures (SOPs) for all integrated systems • Development of training programs • Creation of reports • Creation of supporting documents for users and IT staff • Creation of support documents for all integrated systems • Identification of mission -critical systems • Assessment of the need for hardware upgrades • Development of early warning reports that detect issues with the entire Infor Enterprise System so staff can address issues proactively and aid in preventing system shutdown. 4. In the Project Recovery Phase, the Contractor will all address issues at Development Services including but not limited to the following: • CDR Portal • Retraining staff on Infor • Bentley testing, training and Go Live • Mobile inspections testing, training and Go Live 5. Contractor will facilitate the migration of the Lawson products to the "multi -cloud" in order to be on Infor's current system. B. IT Operational Duties: 1. Oversee daily operations of the City's IT Department and take correction action as needed. 2. Address and correct prior procurement deficiencies 3. Address Human Resource needs 4. Manage the department's budget 5. Prepare the Fiscal Year 2019-2020 departmental budget 6. Address network upgrades 7. Address phone system enhancements 8. Address physical security and cyber security 9. Create a city-wide security policy 10. Provide support for the Criminal Justice Information System (CJIS) audit being conducted on the Corpus Christi Police Department 1 1.Oversee Public Safety radio replacement 12.Address DCU upgrades 13.Address enterprise applications C. Deliverables: 1. The Contractor will provide monthly, written progress reports to the City Manager and verbal reports to the City Council at every City Council meeting. 2. The City's Lawson products will be migrated in the most current version to the "multi -cloud". 3. Contractor will put in place "best practices" for managing an IT Department. D. Assistance: The City will provide office, access to core team, staff and vendors. The Contractor will report to the City Manager. E. Estimated Time: The Contractor will complete the work eight months or less. Attachment B - Schedule of Pricing Compensation: The Contractor will be compensated at a fixed price of $20,000 per month for a total amount not to exceed $160,000. Attachment C - Insurance Requirements Section 5 Insurance; Bonds. is hereby void as no insurance is required for this agreement. Attachment D - Warranty Section 8 Warranty. Subsection (A) and (B) is hereby void as there are no products required for this agreement. Attachment E - Release of Liability RELEASE OF LIABILITY AND COVENANT NOT TO SUE STATE OF TEXAS § COUNTY OF NUECES § This release of liability and covenant not to sue (the "Release") is executed on the date indicated below and is entered into for the purpose of releasing the City of Corpus Christi and its officers, officials, employees, representatives, agents, and volunteers (collectively, the "City") from any and all liability whatsoever arising out of, caused by, or in any way connected with, either proximately or remotely, wholly or in part, participation by Peter Collins in providing consulting services to the City, which is the subject of the attached contractual agreement ("Agreement") between Peter Collins and the City. I, Peter Collins, in exchange for the City allowing me to forego the condition of providing a workers' compensation insurance policy as a requirement of the Agreement, do hereby voluntarily enter into the following covenants: 1. I acknowledge that I, individually, employ no other employees or workers other than myself. I covenant that I will not enter into an employer-employee relationship with any individual or individuals during the term of the Agreement. I acknowledge that the capacity in which I will be participating in the Agreement is that of an independent contractor and not as an employee or agent of the City. I further understand that, as an independent contractor, I will receive no worker's compensation benefits, health benefits, disability benefits, nor other insurance benefits which might be available to full- time employees of the City and that, as an independent contractor, I am fully responsible for incurring the cost of and paying for any medical services that I may require during the term of the Agreement. 2. I understand that I will participate in this Agreement at my own risk and hereby release, waive, and in all ways relinquish any and all present and future claims against the City which I, my heirs, successors, assigns, or any other person or entity (as used hereinafter collectively, "I") may assert, have, or acquire as a result of any injury, death, property damage, or loss whatsoever to myself or my property arising out of, resulting from, or in any way connected with my participation in the Agreement between myself and the City. 3. I hereby so release, waive, and relinquish any and all such claims, and I further covenant not to claim against or sue the City for any such claim, loss, damage, or expense regardless of whether the same may arise or result from or be caused by any negligence or gross negligence of the City. 4. I acknowledge and understand that there may be risks involved in participating in the Agreement. I voluntarily and knowingly assume any and all such risks and will rely solely on myself and not the City in determining what those risks are. 5. I acknowledge that my services under the Agreement may occur on real property located in the city of Corpus Christi, Nueces County, Texas, and that may be owned, leased, controlled, or managed by the City. Further, I acknowledge that my services under the Agreement may be performed with tools, equipment, and other personal property owned, leased, controlled, or managed by the City. By execution of this Release, it is my express intention to completely absolve the City of all potential liability caused by, arising out of, or incident to my performance of services on City real property and that may be performed with tools, equipment, or other personal property of the City. 6. I desire and agree that this Release shall apply to any and all activities during or in any way connected with my participation in the Agreement and my performance thereunder. 7. I agree that this Release shall be governed by and enforceable under the laws of the State of Texas. Venue shall lie in Nueces County, Texas. 8. I hereby acknowledge that I have carefully read the foregoing Release of Liability and Covenant Not to Sue and, intending to be legally bound, accept each of its terms. EXECUTED IN DUPLICATE, each of which is considered to be an original instrument, on this the / da of )4(77e/ Pe er Collins STATE OF TEXAS COUNTY OF NUECES My name is (First) /4)44k7 (Middle) date of birth is I, and my address is / e7 5( CSC, i i C oC P6z_c 016-)(Zl,my (Last) (Street) (City) and United States of America Ci(eC57-1 17c (State) (Zip Code) (Country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Nueces County, State of Texas, on the / day of //l?/ , a)(5/ Mont ) (Y-ar) c ara AGENDA MEMORANDUM Future item for the City Council Meeting of April 16, 2019 Action item for the City Council Meeting of April 23, 2019 DATE: April 2, 2019 TO: Keith Selman, Interim City Manager FROM: Grayson Meyer, Interim Business Liaison GraysonM@cctexas.com 361-826-3842 Special North Padre Island Development Corporation Meeting CAPTION: Special meeting of the North Padre Island Development Corporation. PURPOSE: This is a special meeting of the North Padre Island Development Corporation. BACKGROUND AND FINDINGS: Items for this meeting include: - February 19 ,2019 Meeting Minutes for approval - Motion authorizing the expenditure of up to $4,000,000 of TIRZ #2 funds for construction of the Park Road 22 Bridge. ALTERNATIVES: Do Not Approve These Items OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: TIRZ #2 Board Island Strategic Action Committee "ISAC" FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2018 - 2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: NA RECOMMENDATION: Approve these Items. LIST OF SUPPORTING DOCUMENTS: Meeting Agenda Minutes AGENDA NORTH PADRE ISLAND DEVELOPMENT CORPORATION SPECIAL MEETING Date: Tuesday, April 16, 2019 Time: During the meeting of the City Council beginning at 11:30 a.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street Corpus Christi, Texas 78401 1. Call meeting to order. Secretary Rebecca Huerta calls roll. Board of Directors Greg Smith, President Joe McComb, Vice President Gil Hernandez Rudy Garza Michael Hunter Ben Molina Roland Barrera Paulette Guajardo Everett Roy Officers Keith Selman, Executive Director Rebecca Huerta, Secretary Paul Pierce, Assistant Secretary Constance P. Sanchez, Treasurer Judy Villalon, Assistant Treasurer 2. Public Comment 3. Approval of minutes from the board meeting held on February 18, 2019. 4. Motion authorizing the expenditure of up to $4,000,000 of TIRZ #2 funds for construction of the Park Road 22 Bridge. 5. Adjourn NORTH PADRE ISLAND DEVELOPMENT CORPORATION CITY HALL — COUNCIL CHAMBERS 1201 LEOPARD TUESDAY, FEBRUARY 19, 2019 DURING THE CITY COUNCIL MEETING BEGINNING AT 11:30 A.M. PRESENT MEMBERS Greg Smith, President Joe McComb, Vice President Gil Hernandez Rudy Garza Michael Hunter Ben Molina Roland Barrera Paulette M. Guajardo Everett Roy STAFF Keith Selman, Executive Director Rebecca L. Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer 1. Call meeting to order— President Smith called the meeting to order at 5:12 p.m. Secretary Rebecca L. Huerta called the roll and verified that the necessary quorum of the board and the required officers were present to conduct the meeting. 2. Public Comment. — None. 3. Approve of minutes from the board meeting held on August 21, 2018 — Mr. Garza made a motion to approve the minutes, seconded by Mr. Molina and passed unanimously. 4. Treasurer's Report — Treasurer Constance P. Sanchez provided the treasurer's report ending December 31, 2018 including: total assets, revenues, expenditures and fund balance. 5. Motion approving expenditures as laid out in Exhibit H to the revised Project and Financing Plan for the Tax Increment Reinvestment Zone #2. — Interim Business Liaison Grayson Meyer is to approve the expenditures to the revised Project and Financing Plan for TIRZ #2. Mr. Garza made a motion to approve Item 5, seconded by Mr. Molina and passed unanimously. 6. Resolution setting the Corporation's annual meeting — Interim Business Liaison Grayson Meyer stated that the purpose of this set the annual North Padre Island Development Corporation's annual meeting to be held on a Tuesday in August. Ms. Guajardo made a motion to approve Item 6, seconded by Mr. Garza and passed unanimously. 7. Adjournment — The meeting was adjourned at 5:16 p.m. 1 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 16, 2019 Second Reading for the City Council Meeting of April 23, 2019 DATE: TO: Keith Selman, Interim City Manager March 25, 2019 FROM: Daniel M. Grimsbo, P.E., Executive Director of Water Utilities, Utilities Department DanG@cctexas.com (361) 826-1718 Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Public Hearing and First Reading Ordinance - Amending the Oso W.R.P. Wastewater Collection System Master Plan SPA 30 Area I Azali Estates CAPTION: Ordinance amending the Wastewater Collection System Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by relocating Lift Station 13 to the as - built location and adjusting alignment/size of the collection lines as identified in the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Area 1, as identified in the Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983; amending related elements of the City's Comprehensive Plan; providing for severance; and providing for publication. PURPOSE: The purpose of the amendment is to realign the planned collection line shown in the Wastewater Collection System Master Plan OSO W.R.P, Service Area Sub Basin SPA 30. The legal description for the subject property is Azali Estates. The subject tract is approximately 85 acres in area, located northeast of Yorktown Boulevard about 1.5 miles east of intersection of Rodd Field Road and Yorktown Boulevard. BACKGROUND AND FINDINGS: The subject tract is currently situated within the Lift Station # 13 internal boundary. The Wastewater Collection System Master Plan OSO W.R.P. Service Area, Sub Basin SPA 30 (2006) (Exhibit A) shows a planned collection line beginning at the southerly end of the property, extending north across Master Channel 31 and then offsite to Lift Station 13. Lift Station 13 is operational but not at the location depicted on the master plan. The wastewater collection system described does not currently exist and there are no easements dedicated for the installation of the collection system. The developer is proposing an amendment to the adopted SPA 30 wastewater master plan be considered which will allow the subject tract to be served by the as -built location of Lift Station 13. The service area of Lift Station 13 south of Master Channel 31 was recently amended and is shown on Exhibit B. The previous amendment decreased the service area of Lift Station 13 which results in a decrease of capacity needed in our collection system. The developer is requesting a change in size of the collection line from a 15 -inch to 12 -inch due to decrease in capacity requirements. A detailed analysis of the capacity of the systems are provided on the attached narrative for the requested amendment. ALTERNATIVES: Denial or alteration of the proposed Wastewater Master Plan amendment. OTHER CONSIDERATIONS: Developers are fully or partially reimbursed from the Developers' Trust Funds for constructing infrastructure according to the master plans. Amending the Wastewater Master Plan will allow developers to be reimbursed for constructing improvements that serve a public purpose. CONFORMITY TO CITY POLICY: The proposed amendment conforms to City policy and the Comprehensive Plan. DEPARTMENTAL CLEARANCES: Utilities Department Development Services Planning Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 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): n/a COMMENTS: none RECOMMENDATION: On March 6, 2019, the Planning Commission recommended that City Council approve the proposed Wastewater Master Plan amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Power Point Presentation Ordinance amending the Wastewater Collection System Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by relocating Lift Station 13 to the as -built location and adjusting alignment/size of the collection lines as identified in the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Area 1, as identified in the Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983; amending related elements of the City's Comprehensive Plan; providing for severance; and providing for publication. WHEREAS, the Planning Commission has forwarded to the City Council its recommendation concerning the amendments to the Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983, and the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Area 1, which are elements of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 6, 2019, during a meeting of the Planning Commission, and 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 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 Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983, and the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Area 1, which are elements of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), are amended by relocating Lift Station 13 to the as -built location and alignment/size of collection lines as identified in the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Area 1 in the Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983, as shown in Exhibits "A" and "B," which are attached to this ordinance and incorporated into this ordinance by reference as if fully set out in their entireties. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from any element of the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983, and the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Area 1, as amended from time to time and except as changed by this ordinance, remain 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 as required by the City's Charter. 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 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 this the day of , 2019 ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor fl. i nFlitlit701:E POND 42 159,9 ac/259 units 63 ppm SCALE: "=500' FL(18)2,62 FL(10)=3.28 151 :'.(15 - 7,92 ,-r A `FLOW =. .\_- .1 SER x279ACR,t PEAK FL a ,6494f00 BOTTOM= -14 FL 1N - . 1 I AVGDAILY FLOW - 3.397 41GO SERVICE AREA = 23 4CRES PEAK FLOW = 9.006 MGC' ., FL(I0)=-478 FL.(15)=-52 J / "I" \J 1 1 digaft lu-v 16 37.3 so 36 gpm 17 19.7 ac 19 gprn CAYO LS #14 LIFT STA TION PHASING PHASE DEVELOPED AREA DEVELOPED (acres) PUMPS HP MODEL IMP. DIA. (mm) FLOWS (gpm) CAPACITY � (gpm) 1 < 70% < 380 2 -1425 47 CP3201 331 1400 1425 2 > 70% > , a0 3 - 14251 47 CP3201 331 2000 2070 LS #13 - _ PHASE / DEVELOPED AREA DEVELOPEDL PUMPS HP MODEL _ IMP. DIA. (mm) FLOWS (Wm) FIRM CAPACITY (9Pm) 1 < 60% < 190 2 - 860 - 12 NP3153 239 830 860 2 > 60% >190 3 - 40 12 NP3153 239 1380 1450 RODD FIELD LS PHASE % DEVELOPED DEVELOPED (acres) PUMPS HP MODEL IMP. DIA. (mm) FLOWS (gpm) CAPACITY (gpm) 1 (EXIST) <25% < 170 3 - 275 5 NP3102 165 440 450 2 " 25% - 80% 170 - 560 2 - 1475 47 NP3201 280 1475 1475 3 280% 2 560 3 - 1475 47 NP3201 280 1840 1870 *Phase 2 includes the 6450 LF 12in force main extension to Airline LS. AIRLINE LS. OPTION NO. 1 PHASE % DEVELOPED AREA DEVELOPED (acres) PUMPS - I HP MODEL IMP. DIA. (mm) FLOWS (gpm) FIRM CAPACITY (gpm) 1 (EXIST) <20% < 490 2 - 1250 20 CP3152 263 4 1240 1250 2 (2006) 20% - 42% 490 - 1030 3 - 1400 20 CP3152 Y 280 2600^ 2700 3 42% - 58% 1030 -1420 4 - 1400 20 CP3152 280 3600 3650 4 58% - 84% 1420 - 2060 3 - 3800 90 - CP3231 450 5200 ' 5200 -- 5 284% ? 2060 3 - 3800 2 - 4900 90 160 CP3231 CP3231 - 450 375 6250 _ 6400 AIRLINE LS: OPTION NO. 2 PHASE % DEVELOPED AREA DEVELOPED (acres) PUMPS HP MODEL IMP. DIA. (mm) - FLOWS (gpm) FIRM CAPACITY (gpm) 1(EXIST) <20% < 490 2 -1250 20 CP3152 263 1240 1250 2 (2006) 20% - 42% 490 - 1030 3 - 1400 20 CP3152 280 2600 2700 3 42% -58% 1030 -1420 4 -1400 20 CP3152 280 3600 3650 4 ' 58% - 80% 1420 - 1960 4 - 1400 1- 4400 20 90 CP3152 CP3231 280 450 4950 5000 5 > 80% > 1960 3 - 1400 2 - 4400 20 - 90 CP3152 CP3231 280 450 y 6250 6350 *Phase 4 includes the installation of the additional 6200 LF 121n force main to Wooldridge LS. 4 33,6 as n gpm 46 1.2 ac 1 gpm "3 8.6 ac 21 gpm 1`- s 6 23.1 441 22 gpon i I (27)=0.48 L(24)=±0.70 (f8)-9.40 FL(12)=0.90 Ileamara LS#13 PHASE % DEVELOPED AREA DEVELOPED (acres) PUMPS HP MODEL IMP DIA. (mm) FLOWS (gpm) FIRM CAPACITY (gpm) 1< ' 54% < 151 4 2 - 750 75 NP3127 188 700 750 2 > 54% >151 3 - 750 7.5 NP3127 188 1290 1330 LS #13 OPTION 2 SD �_ i 6 BILL WITT PARK FI.(24)=211 FCj2f}`2 (f0J-3,31 !6 F'L FL(15)=2.86 FL(FY)=+1(7 .25 22.6 ac 2 gpm r ry ra.e� .-.,ni ON.i 4 3f..oA( �'SA,k Fi c., w'?4'41.30 J NOTES 1. LAND USE CHARACTERISTICS WERE DETERMINED FROM THE SOUTHSIDE AREA DEVELOPMENT PLAN, FEBRUARY 8, 2000, FROM THE ADOPTED CORPUS CHRISTI FUTURE LAND USE MAP, MAY 24, 2005 (ORDINANCE #026278) AND THROUGH A REVIEW WITH DEVELOPMENT SERVICES STAFF ON APRIL 3, 2006. 2. IN THE ABSENCE OF EXISTING FLOW DATA, RESIDENTIAL FLOWS WERE ASSUMED TO BE 100 GAL/CAP/DA YAS PER TCEQ 30 TAC 317.4 (a), DATED JANUARY6, 2005. 3. AS PER SOUTHSIDE ARE DEVELOPMENT PLAN, ONLY DEVEL OPABL E LAND WAS CONSIDERED IN THE POPULATION PROJECTION CAL CULA TIONS. 4. AIRLINE LIFT STATION'S SERVICE AREA WAS DEFINED BY THE LIFT STATION SERVICE AREA MAP SUPPLIED BY THE CITY, AUGUST 31, 2005, FROM THE MASTER PLAN FOR SANITARYSEWERS, JUL Y27, 1983 (ORDINANCE #17743), AND THROUGH DISCUSSION WITH CITY STAFF 5 THE CITY PROPERTY INTENDED FOR THE SOUTHSIDE WWTP WAS CONSIDERED LOW DENSITY RESIDENTIAL SINCE ITS FUTURE USE IS UNDETERMINED. 6. ALL PIPE SIZES AND SLOPES MEET TCEQ RULES AS ESTABLISHED IN 30 TAC 317, EFFECTIVE JANUARY 6, 2005 7. THE PEAKING FACTOR WAS CALCULATED USING THE HAROLD E. BABBITT FORMULA WHICH HAS BEEN WIDELY USED IN PREVIOUS AREA MASTER PLANS. 8. SOME MANHOLES ARE NOT SHOWN FOR CLARITY. 9. THE SERVICE AREA WAS ASSUMED TO BE FULLY DEVELOPED. 10. ALL OF THE ELEVATION CONTOURS WERE DERIVED FROM THE CITY OF CORPUS CHRISTI LIDAR DATA COLLECTED IN 2003. 11. TO THE EXTENT POSSIBLE, THE UPSTREAM END OF ALL LATERALS SHALL HAVE A MINIMUM DEPTH OF 5 FEET. FL( 10)=.-4 78 FL( 15)...5 r: CAYO DEL OSO ROOD FIR r r TFT STATION AVG. PAIL i FOO. - 0698MGu SERVICE ARCA = 419 ACRES DESIGN FLOW = 2.652 MGD 4 35.8 ac 87 gprn C tr.‘ be, 78 / 1 ) 6 23.1 ac 22 gpm / 3 8.6 ac 21 gpm rr wr 118 1 i LIFTSTA •N1'14 AVG DAILY FLOW - 0.8 SERVICE AREA = 541. FLOW= 2889 =-19.0 -11. Asa --dna- l 1.1 ....a. .rrrr. 411011, LEGEND PROPOSED WASTEWATER LINE EXISTING WASTEWATER LINE PROPOSED FORCEMAIN EXISTING FORCEMAIN EXISTING WASTEWATER LINES OUTSIDE OF AREA 2 SPA30 SERVICE AREA BOUNDARY LIFT STATION INTERNAL BOUNDARY SUB AREA BOUNDARY WATER 6 la 67.8 ac AREA SUBAREA CALLOUT 66 gpm A ow ILY • • • • PROPOSED LIFT STATION EXISTING LIFT STATION PROPOSED MANHOLE EXISTING MANHOLE 7-/ 1) FL=3.3 L,�..... - r- ' FINAL ilimsonteroftroom CITY OF CORPUS CHRISTI TEXAS WASTEWATER DEPARTMENT Department of Engineering Services MAY 12, 2006 ... .111m, Now OSO CREEK WASTEWATER COLLECTION SYSTEM MASTER PLAN OSO W.R.P. SERVICE AREA SUB BASIN SPA 30 eaftilb .101% 14- 16- WASTEWATER 6- r O 00©INV ENGINEERINGJk engineers & consultants CIVIL * STRUCTURAL * TRANSPORTATION * SURVEYING * MARINE * CONSTRUCTION MANAGEMENT 801 NAVIGATION, SUITE 300 CORPUS CHRISTI, TEXAS 78408 PH. (361) 883-1984 FAX (3M) 883-1986 WWW.LNVINC.COM THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY SUSAN LINDA KELLY, P.E. NO. 86839 ON 05-12-06. ALTERATION OF A SEALED DOCUMENT WRHOUT PROPER NOTIFICATION TO THE RESPONSIBLE ENGINEER 15 AN OFFENSE UNDER THE TEXAS ENGINEERING PRACTICE ACT, os --.1:v- aG THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY DAN 5. LEYCNDECKER, P.E, NO. 81499 ON 05-12-06. ALTERATION OF A SEALED DOCUMENT WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE ENGINEER IS AN OFFENSE UNDER THE TEXAS ENGINEERING PRACTICE ACT. DAN S. LEYENDECKER 81499 404‘4*:;•. °VW 44.10001, 6/0 -oma EXHIBIT 3 1 SPA 30 Wastewater Master Plan Amendm \ / Legend • Proposed WWMP Manhole Amendment o Adopted WWMP Manhole Amendment —Proposed WWMP Manhole Amendment Adopted WWMP Main Amendment o Proposed WW Manhole Change Proposed WW Main Change O Proposed WW Manholes Proposed WW Mains XAmended Proposed WW Mains LProposed WW Forced Main PI Proposed WW Lift Stations Existing Manhole Existing Wastewater Gravity Main Existing Wastewater Force Main Existing Lift Station WW Wastewater Plant EXHIBIT B l 111-09111071 =IN mo M. ■■ ■ ■: SLOUGH 111 ■1 1 18 PVP FL 0.40(8") .32(15") 11111111L ■■■111 •■ •MM ■■ NO, 11■■ b 01E1111WIMP 1 (#3A) 1090'x12" @ 0.22% O x 0 0 co YORKTOWN 111 ! ylllll!■1! � Isr.iI Si l►i �•• 1111■.1111 0 1,0)0 ,23 j FL -4.90(8") -5.60(10") 300' 15"@0.15% FL -7.74 203' 15"@0.15% Amended Alignment FL 1.8 0 Lift Station 13 As -Built Location 0 • FL -1.10 p0\ w • FL 4.5 1270' 10" PVC @ 0.35% 10" @ 0.29% 1 FL -7.43 20F' 10" PVC 0.29% FL F2.75 e, V a O • FL 0.3 ,,IIIIIIIIIIIII1 A �IIIIIIIIIIII� ■ 11111111111111 ■ C u.IIIIII..n• ■. ■ ■11111111 .111111111111111 mummy 10 PVC @ 0.29% 1 - I I MURRAY BASS, JR., P.E., R.P.L.S. NIXON M. WELSH, P.E.,R.P.L.S. www.bass-welsh.com LOCATION EXHIBIT C BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 3054 S. ALAMEDA, ZIP 78404 361 882-5521— FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmwl@gmail.com WASTE WATER COLLECTION SYSTEM MASTER PLAN OSO W.R.P. SERVICE AREA SPA -30 AMENDMENT NARRATIVE AZALI ESTATES February 26, 2019 SPA30 SPA -30 is an area in the southeast part of the City bounded by Saratoga Boulevard and Brooke Road in the north, the Cayo del Oso in the east, the Oso Creek in the south, Cimarron Boulevard and a line parallel to Cimarron Boulevard in the west. PROPOSED CHANGE IN MASTER PLAN Azali Estates, the overall preliminary plat of which has been approved by the Planning Commission, lies directly across Channel 31 from the present location of Lift Station No. 13, thus the subject site is less than 200' from Lift Station No. 13. This proposed change in the Master Plan would better utilize proposed sewers within Azali Estates such that they would have to be simply oversized where needed and would allow for the elimination of a very deep 15" gravity sanitary sewer line on the northwest side of Master Drainage Channel 31 where Master Channel 31 runs in a northeast -southwest direction near the Oso Bay. This is shown on excerpt Master Plan map attached. The proposed 12" line and 15" line would serve the subject Azali Estates (85 acres), 63 acres to the northwest of Azali Estates (Areas 13-16 and 20) and Area 17 to the southwest (32 acres) for a total of 180 acres. For 5 units per acre, 3 persons per unit, a peak flow of 0.93 MGD is produced. This flow is served by the proposed 12" and 15" lines as shown which have a capacity of 1.05 MGD and 1.6 MGD respectively. LAND USE INFORMATION All of the sub -basin land in the area of this proposed change is vacant except for two existing residences within the above described 75 acres, thus essentially and for practical purposes, is undeveloped. All of the land of the subject site and the area to the east is undeveloped. NO IMPACT ON LIFT STATION NO. 13 This proposed change will have no impact on Lift Station No. 13 as none of the sub -basin drainage areas will change. NMW:sab • Nixon M. Welsh, P.E. Amendment to the Wastewater Collection System Master Plan OSO W.R.P Service Area, Sub Basin SPA 30 Area I Azali Estates City Council Meeting April 9, 2019 Aerial Overview At N Master Plan Overview Lift Station # 13 crrr aF r CWASTEWATER ,111111 DEYARTM£NT Ii:� 6vv 13. 2006 s�.r:ccs WASTEWATER COLLECT1QN SYSTEM MASTER PLAN OSO W_12_P_ SERVFCE AREA SUB 6ASIN SPA 30 EXHIBIT 3 Master Plan Detail Master Plan Amendment SPA 30 Wastewater Master Plan Amendment.. mim SLOUGH 0 T Lift Station 13 As -Built Location 0 Q X ' 300' 15"@0.15% FL -7.74 203' 15"@0.15% 10"@0.29% Amended Alignmenl -5.54 L a:lEnr1 O 1 'roposed WNW' Manhole Amendment u Adopted VNNMP ManholeAmendment —Proposed VVWMP Manhole Amendment Adopted WQVMP Main Amendment 7 0 o Proposed VIM! Manhole Changs - cO Proposed VON Main Change °Proposed VON Manholes F u Proposed VON Mains X Amended Proposed VOW Marrs =Proposed VVW Forced Mar! Proposed VAN Lift Stations Existing Manhole Existing Wastewater Gravity Main =Existing Wastewater Force Main Q Existing Lift Station ',',..Vastewater Plant o loo 1:0C non 'r 'sop 0 Staff Recommendation ➢ Approve proposed Wastewater Collection System Master Plan Amendment AGENDA MEMORANDUM First Public Hearing for the City Council Meeting of April 16, 2019 Second Public Hearing for the City Council Meeting of April 23, 2019 DATE: April 4, 2019 TO: Keith Selman, Interim City Manager FROM: Daniel McGinn, AICP, Director of Planning & Environmental DanielMc@cctexas.com (361) 826-7011 Public Hearing for the Annexation of 161.56 acres in the London Area CAPTION: Public hearing on a proposed annexation of land generally located on both sides of County Road 33 and to the north of FM 43. PURPOSE: The purpose of this item is to hold a public hearing as part of the annexation process for the proposed London Towne Subdivision. The proposed annexation in the City's Extraterritorial Jurisdiction will provide for compatible future land use and development south of Oso Creek along the TxDOT Farm to Market 43 and County Road 33. BACKGROUND AND FINDINGS: On February 26, 2019, City Council adopted a resolution granting a petition requesting annexation by the land owners of the proposed annexation area. In addition to two public hearings, the annexation process will include two readings of the annexation ordinance. There are no known dwellings or residents on the 161.56 -acre parcel currently. The proposed London Towne Subdivision includes approximately 660 single family homes built on the 161.56 acres. The developer has already submitted a final plat for the first development phase, London Towne Subdivision Unit 1, consisting of a 23.02 -acre tract with 94 single-family housing units and a 1.9 -acre park. A Wastewater Trunk Main Line Extension Construction and Reimbursement Agreement was approved by City Council on May 8, 2018 to extend municipal wastewater service to this area. Construction of the lift station and related service lines is currently underway. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The proposed annexation is consistent with the adopted Future Land Use Plan (Ordinance 029958). The subject parcel is designated as a Planned Development Area in Plan CC, the City's Comprehensive Plan. Planned Development Areas are areas which may be annexed and for which area plans are developed. EMERGENCY / NON -EMERGENCY: Non -emergency reading. DEPARTMENTAL CLEARANCES: Legal City Manager's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital N Not Applicable Fiscal Year: 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Not applicable Comments: None. RECOMMENDATION: Staff recommends that City Council hold the required public hearings. LIST OF SUPPORTING DOCUMENTS: Municipal Service Plan Annexation Petition Presentation with Annexation Schedule Fiscal Impact Analysis MUNICIPAL SERVICE PLAN FOR THE LONDON TOWNE SUBDIVISION Introduction This Service Plan ("Plan") is made by the City of Corpus Christi, Texas pursuant to Section 43.056 of the Texas Local Government Code. This Plan relates to the annexation of the area depicted in the attached map ("annexation area"). a. Service to be provided pursuant to Texas Local Government Code 43.056(b) (1) Police Protection: Services to be Provided: The Corpus Christi Police Department (CCPD) will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid Waste Collection: Services to be Provided: After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single family residential customers directly or indirectly through a third -party contract. Commercial garbage collection service for businesses and multi -family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi -family apartments and commercial and industrial establishments. (5) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided in accordance with the Corpus Christi Unified Development Code, Utility Department Policies and engineering standards and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to I be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current water line mains at their existing locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. (6) Operation and Maintenance of Roads and Streets, including Street Lighting: The City will maintain public streets over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Lighting of public roads, streets and alleyways shall be maintained by the applicable utility company servicing the City unless the lighting facility has been dedicated to the public, in which case the City will be the operator. (7) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. (8) Operation and Maintenance of any other Publicly -Owned Facility, Building, or Service: Currently there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. b. Services to be provided pursuant to Texas Local Government Code 43.056(a) (1) Water Service: Existing Services: Currently, the City of Corpus Christi holds a water certificate of convenience and necessity ("CCN") for the annexation area. 2 Services to be Provided: The City of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the subject property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CCN holder") and, as applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN, by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (2) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN, by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (3) Planning and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are submitted for City review. Services to be Provided: Planning and zoning services will be provided by the City. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. (4) Other Municipal Services: Excluding gas and electric services; all other City Departments with jurisdiction in the area will provide services according to City policy and procedure. c. Capital improvement program pursuant to Texas Local Government Code 43.056(el The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary. (1) Police Protection: No capital improvements are necessary at this time to provide police services. 3 (2) Fire Protection: No capital improvements are necessary at this time to provide fire services. (3) Emergency Medical Service: No capital improvements are necessary at this time to provide emergency medical services. (4) Solid Waste Collection: No capital improvements are necessary at this time to provide solid waste collection services. (5) Water and Wastewater Facilities: Currently, a lift station inside the city limits, a 16 -inch force main line, and gravity sewer trunk mains are under construction by the London Towne Developer to connect the proposed subdivision to the municipal wastewater system. A water line and distribution system will be constructed by the London Towne developer to provide water to the proposed subdivision. No additional capital improvements are necessary at this time to provide water or wastewater services. Water and wastewater services to new development and subdivisions will be provided according to the Corpus Christi Unified Development Code and the Water and Wastewater Department standards, which may require the developer of a new subdivision or site plan to install water and wastewater lines. (7) Roads and Streets: Improvements are needed to County Road 33 in order to serve the London Towne Subdivision. Only a portion of County Road 33 is located within the annexation area. Responsibility for improvements to County Road 33 outside the annexation area will remain with Nueces County. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and future installation of related facilities, such as traffic control devices, will be governed by the City's standard policies and procedures. (8) Parks, Playgrounds and Swimming Pools. No capital improvements are necessary at this time to provide services. (9) Street Lighting: Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. (11) Other Publicly Owned Facilities, Buildings or Services: In general, other City functions and services, and the additional services described above can be provided for the annexation area by using existing capital improvements. Additional capital improvements are not necessary to provide other City services. (12). Capital Improvements Planning: The annexation area will be included with other territory in connection with the planning for new or expanded facilities, 4 functions, and services as part of the City's Capital Improvement Plan and Three - Year Capital Budget program. d. Effective Term This Plan shall be in effect for a ten-year period commencing on the effective date of the annexation, unless otherwise stated in this Plan. Renewal of the Plan shall be at the option of the City. A renewal of this Plan may be exercised by the City Council provided the renewal is adopted by ordinance and specifically renews this Plan for a stated period of time. e. Special Findings The City Council of the City of Corpus Christi, Texas, finds and determines that this Plan will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service plan will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. The City reserves the right guaranteed to it by the Texas Local Government Code to amend this Plan if the City Council determines that changed conditions or subsequent occurrences or any other legally sufficient circumstances exist under the Local Government Code or other Texas laws to make this Plan unworkable or obsolete or unlawful. f. Amendment: Governing Law This Plan may not be amended or repealed except as provided by the Texas Local Government Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to and shall be interpreted in accordance with the Constitution and laws of the United States of America and the State of Texas, the Texas Local Government Code, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. q. Force Majeure In case of an emergency, such as force majeure as that term is defined in this Plan, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Plan as soon as possible. Force Majeure shall 5 include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Plan. h. Level of Service Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. 6 EXHIBIT A METES AND BOUNDS FIELD NOTES for a 161.56 Acre, Annexation Tract, being a portion of a 173.21 Acre Tract out of Section "D", Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 173.21 Acre Tract described in a Gift Deed from Mary Cecile Meaney, a married woman, as her separate property and estate to Elizabeth Anne Meaney Trustee of the Lucy A. Haynes Trust, as recorded in Document No. 2014032038, Official Public Records of Nueces County, Texas; said 161.56 Acre Tract also being a portion of County Road 33, and a portion of a 118.126 Acre Tract out of Cuadrilla Irrigation Company Survey No. Survey 139, Abstract 577 and I.&G.N.R.R. Survey No. 140, Abstract 612, as shown on the map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 118.126 Acre Tract described as Tract 11 in a Correction Warranty Deed from Sheilah London to Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy, as recorded in Document No. 2015011169, Official Public Records of Nueces County, Texas; said 161.56 Acre, Annexation Tract being more fully described by metes and bounds as follows: Beginning at a 5/8 Inch Iron Rod Found, being the Southwest corner of a 308.99 Acre Tract described in a Special Warranty Deed from The Joslin Partnership, Ltd., to The City of Corpus Christi, as recorded in Document No. 941343, said Official Public Records, for the Southeast corner of an 8.00 Acre Tract described in Gift Deed from Mary Cecile Meaney to Agape Ranch, as recorded in Document No.2016053230, said Official Public Records; Thence, North 89° 12' 59" East, with the South boundary line of the said 308.99 Acre Tract, the North boundary line of the said 173.21 Acre Tract, 1,405.07 Feet, to the common corner of the said 308.99 Acre Tract and 173 .21 Acre Tract, for a Northeast corner of this Tract; Thence, South 18°02'59" West, with the common boundary line of the said 308.99 Acre Tract and 173.21 Acre Tract, 87 1.67 Feet, for a Southeast corner of this Tract; Thence, South 89°12'59" West, over and across the said 173.21 Acre Tract, 2,083.85 Feet, to the East boundary line of a 2.00 Acre Tract described in a Warranty Deed with Vendor's Lien from Shawn A. Lockett and Marcella R. Lockett to Jeremy Scott and Paige Scott, as recorded in Document No. 2016034176, of the said Official Public Records, for a comer of this Tract; Thence, North 20°10'52" East, with the Southeast boundary line of the said 2.00 Acre Tract, 251.64 Feet, to the Northeast corner of the said 2.00 Acre Tract and for an inner ell comer of this Tract; Thence, North 69°49'13" West, with the North boundary line of the said 2.00 Acre Tract, at 320.48 Feet, pass the apparent Southeast Right -of -Way line of the said County Road 33, in all a distance of 343.96 Feet, to the apparent Northwest Right -of -Way line of the said County Road 33, the Southeast boundary line of the said 118.126 Acre Tract, for an inner ell comer of this Tract; Thence, South 20°13'25" West, with the common boundary line of the said Right -of -Way and the said 118.126 Acre Tract, 1,164.13 Feet, to a 5/8 Inch Iron Rod Found, being the Northeast corner of a 20.00 Acre Tract described in a Special Warranty Deed from Sheilah Ruth London to London Independent School District, as recorded in Document No. 2005027456, of the said Official Public Records, the Southeast corner of the said 118.126 Acre Tract, for a South corner of this Tract, from 7 Whence a 5/8 Inch Iron Rod Found, for the Southeast corner of the said 20.00 Acre Tract, bears South 20°13'34" West, 1,146.66 Feet; Thence, South 88°54'56" West, with the common boundary line of the said 20.00 Acre Tract, and the said 118.126 Acre Tract, 1,023.87 Feet, to a 5/8 Inch Iron Rod Found, being the Northwest corner of the said 20.00 Acre Tract, for the Southwest corner of the said 118.126 Acre Tract and of this Tract, from Whence a 5/8 Inch Iron Rod Found, for the Southwest corner of the said 20.00 Acre Tract, bears South 01°00'07" East, 1,065.51 Feet; Thence, North 01°00'19" West, with the West boundary line of the said 118.126 Acre Tract, 3,143.05 Feet, to the Northwest corner of the said 118.126 Acre Tract; Thence, North 88°54'56" East, with the North boundary line of the said 118.126 Acre Tract, 2,245.46 Feet, to a Nail Found, on the said Right -of -Way, for the Northeast corner of the said 118.126 Acre Tract and of this Tract; Thence, South 20°13'25" West, with the common boundary line of the said Right -of -Way, and the said 118.126 Acre Tract, 1,699.95 Feet, to an inner ell corner of this Tract; Thence, South 69°46'35" East, over and across the said County Road 33, 24.45 Feet, to the said apparent Southeast Right -of -Way line, for a corner of this Tract; Thence, North 89°12'59" East, with the common boundary line of the said 8.00 Acre Tract, and the said 173.21 Acre Tract, 985.82 Feet, to the Point of Beginning, containing 161.56 Acres (7,037,378 Sq. Ft) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. 8 EXHIBIT B ANNEXATION AREA MAP 9 Fiscal Impact Analysis - General Fund London Towne Subdivision Annexation Current Conditions 2017 Corpus Christi Population (1) 325,605 Corpus Christi Nonfarm Employment (2) 186,969 Corpus Christi Service Population (Population + 1/2 Jobs) 419,090 Corpus Christi Housing Units (3) 130,237 Corpus Christi Average Household Size (3) 2.70 New Development YEAR 1 YEAR 5 YEAR 10 YEAR 15 Average Lot Size (acres) 0.24 0.24 0.24 0.24 Undeveloped Acres 161.56 112.58 51.36 0.00 Value per Undeveloped Acre (4) $390.00 $390.00 $390.00 $390.00 Number of Single -Family Units 0 200 450 660 Value per Single Family Unit (5) $270,000 $270,000 $270,000 $270,000 Total Taxable Property Value $63,008 $54,043,907 $121,520,030 $178,200,000 Increased Population 0 540 1,215 1,782 Increased Jobs 0 0 0 0 Increased Service Populations (Population + 1/2 Jobs) 0 540 1,215 1,782 Sources: (1) 2017 Population Estimates - Texas Places, U.S. Census Bureau. (2) 2017 Quarterly Census of Employment and Wages Report, Texas Workforce solutions. (3) 2017 American Community Census, U.S. Census Bureau. (4) 2018 NCAD Assessed value of LAURELES FARM TRACTS 98 ACS OUT TR 8 SEC D and ASSESSORS MAP 154 120 ACS OUT OF TR 2. Accounts for Agricultural Use Value Reduction. (5) Sales price estimated based on median selling price of homes built in 2018 and sold in the first quarter of 2019. Page 1 of 6 April 16, 2019 Fiscal Impact Analysis - General Fund London Towne Subdivision Annexation General Fund Expenditures FY 2018-2019 Fixed Expenditure Source Office of the Mayor City Council TOTAL Population Only Expenditure Source Health Animal Control Services Library Parks & Recreation FY 2018-2019 Adopted Budget Revenues $205,308 $152,541 TOTAL Service Population (100%) Population and (50%) Jobs Expenditure Source $357,849 FY 2018-2019 Adopted Budget Expenditures $3,227,956 $3,226,477 $4,275,648 $18,956,896 $29,686,977 FY 2018-2019 Adopted Budget Expenditures Current Expenditures Per Pop. Projected Increased Expenditures Projected Increased Expenditures Projected Increased Expenditures Projected Increased Expenditures Population = YEAR 1 Increase Pop = YEAR 5 Increase Pop = YEAR 10 Increase Pop = YEAR 15 Increase Pop = 325,605 0 540 1,215 1,782 $9.91 $9.91 $13.13 $58.22 $91 Current Expenditures Per Pop. Service Population = 419,090 Assistant City Managers City Auditor City Manager's Office City Secretary Communication Finance Office of Management & Budget Human Resources Intergovernmental Relations Legal Municipal Court Fire Police Code Enforcement Solid Waste Community Development Non-operating Expenses (1) TOTAL TOTAL $487,576 $424,166 $696,502 $652,775 $785,717 $4,578,338 $938,798 $2,012,039 $248,410 $3,307,463 $5,350,835 $58,484,506 $77,222,420 $2,117,342 $28,049,828 $909,075 $37,108,587 $223,374,377 $253,419,203 $1.16 $1.01 $1.66 $1.56 $1.87 $10.92 $2.24 $4.80 $0.59 $7.89 $12.77 $139.55 $184.26 $5.05 $66.93 $2.17 $88.55 $533 $624 $0 $0 $0 $0 $0 Projected Increased Expenditures YEAR 1 Increase Service Pop = 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 so $0 $5,353 $5,351 $7,091 $31,439 $49,234 Projected Increased Expenditures YEAR 5 Increase Service Pop = 540 $628.25 $546.54 $897.45 $841.11 $1,012.40 $5,899.22 $1,209.65 $2,592.53 $320.08 $4,261.69 $6,894.59 $75,357.73 $99,501.67 $2,728.21 $36,142.42 $1,171.35 $47,814.70 $287,820 $337,054 Notes: (1) Includes transfer to Streets Fund of $14,283,544 and a transfer to Residential Streets Fund of $3,860,142. The transfer to the Streets Fund is calculated using 6% of the General Fund Revenue less any grant revenue, industrial district revenue and residential street property tax revenue. $12,045 $12,040 $15,955 $70,738 $110,777 Projected Increased Expenditures YEAR 10 Increase Service Pop = 1,215 $1,413.55 $1,229.72 $2,019.26 $1,892.49 $2,277.91 $13,273.25 $2,721.71 $5,833.19 $720.18 $9,588.81 $15,512.83 $169,554.89 $223,878.77 $6,138.48 $81,320.44 $2,635.54 $107,583.07 $647,594 $758,371 $17,666 $17,658 $23,400 $103,749 $162,474 Projected Increased Expenditures YEAR 15 Increase Service Pop = 1,782 $2,073.21 $1,803.59 $2,961.58 $2,775.65 $3,340.93 $19,467.44 $3,991.84 $8,555.34 $1,056.26 $14,063.58 $22,752.15 $248,680.51 $328,355.52 $9,003.10 $119,269.97 $3,865.46 $157,788.50 $949,805 $1,112,278 Page 2 of 6 April 16, 2019 Fiscal Impact Analysis - General Fund London Towne Subdivision Annexation Projected Ad Valorem Property Tax Revenues YEAR 1 Estimated Annual Property Tax Revenues Estimated Annual Property Tax Revenues Estimated Annual Property Tax Revenues Estimated Annual Property Tax Revenues Total Maintenance & Operation Portion Debt Service Portion Residential Street Reconstruction Estimated Per $100 in Assessed Value Per $100 in Assessed Value Per $100 in Assessed Value Per $100 in Assessed Value Property Value $0.626264 $0.386806 $0.219458 $0.020000 Single-family homes $0 $0.00 $0.00 $0.00 Undeveloped Acres $63,008.40 $394.60 $243.72 $138.28 $63,008.40 $394.60 $243.72 $138.28 YEAR 5 $0.00 $12.60 $12.60 Estimated Annual Property Tax Revenues Estimated Annual Property Tax Revenues Estimated Annual Property Tax Revenues Estimated Annual Property Tax Revenues Total Maintenance & Operation Portion Debt Service Portion Residential Street Reconstruction Estimated Per $100 in Assessed Value Per $100 in Assessed Value Per $100 in Assessed Value Per $100 in Assessed Value Property Value $0.626264 $0.386806 $0.219458 $0.020000 Single-family homes $54,000,000 $338,182.56 $208,875.24 $118,507.32 $10,800.00 Undeveloped Acres $43,906.70 YEAR 10 Single-family homes Undeveloped Acres YEAR 15 Single-family homes Undeveloped Acres Page 3 of 6 $54,043,906.70 $274.97 $169.83 $338,457.53 $209,045.07 $96.36 $8.78 $118,603.68 $10,808.78 Estimated Annual Property Tax Revenues Estimated Annual Property Tax Revenues Estimated Annual Property Tax Revenues Estimated Annual Property Tax Revenues Total Maintenance & Operation Portion Debt Service Portion Residential Street Reconstruction Estimated Per $100 in Assessed Value Per $100 in Assessed Value Per $100 in Assessed Value Per $100 in Assessed Value Property Value $0.626264 $0.386806 $0.219458 $0.020000 $121,500,000 $760,910.76 $469,969.29 $266,641.47 $24,300.00 $20,029.57 $125.44 $77.48 $43.96 $4.01 $121,520,029.57 $761,036.20 $470,046.77 $266,685.43 $24,304.01 Estimated Annual Property Tax Revenues Estimated Annual Property Tax Revenues Estimated Annual Property Tax Revenues Estimated Annual Property Tax Revenues Total Maintenance & Operation Portion Debt Service Portion Residential Street Reconstruction Estimated Per $100 in Assessed Value Per $100 in Assessed Value Per $100 in Assessed Value Per $100 in Assessed Value Property Value $0.626264 $0.386806 $0.219458 $0.020000 $178,200,000 $1,116,002.45 $689,288.29 $391,074.16 $35,640.00 $0.00 $0.00 $0.00 $0.00 $0.00 $178,200,000.00 $1,116,002.45 $689,288.29 $391,074.16 $35,640.00 April 16, 2019 Fiscal Impact Analysis - General Fund London Towne Subdivision Annexation Projected Sales Tax Revenues New Households YEAR 1 YEAR 5 YEAR 10 YEAR 15 0 200 450 660 Sales Tax Revenue Tax Rate Corpus Christi General Fund 0.01000 $0 $30,857 $69,429 $101,829 Seawall Fund 0.00125 $0 $3,857 $8,679 $12,729 Arena Facility Fund 0.00125 $0 $3,857 $8,679 $12,729 Business and Job Development 0.00125 $0 $3,857 $8,679 $12,729 Corpus Christi Crime Control District 0.00125 $0 $3,857 $8,679 $12,729 Corpus Christi MTA 0.005 $0 $15,429 $34,714 $50,914 Assumptions: Housing Cost = $270,000 Household Income (1) = $77,143 Percent of Household Income Spent on Taxable Goods = 25% Percent of Purchases within Corpus Christi = 80% Estimated Taxable Purchases per New Household = $15,429 Notes: (1) Assumes a household can afford a home price equal to 3.5 times the household gross annual income. Page 4 of 6 April 16, 2019 Fiscal Impact Analysis - General Fund London Towne Subdivision Annexation Other General Fund Revenues Fixed Revenue Source Advalorem taxes - delinquent Penalties & Interest on taxes Franchise Fees Industrial District - In -lieu Sp Inventory Tax Escrow Refund Housing Authority - lieu of to Administrative Charges Interest On Investments Intergovernmental Services Miscellaneous Revenue Interfund Charges TOTAL Population Revenue Source Liquor by the drink tax Bingo tax TOTAL FY 2017-2018 Adopted Budget Revenues $1,000,000 $809,215 $17,049,004 $9,400,000 $45,000 $25,000 $6,718,649 $650,000 $4,148,329 $1,864,190 $9,675,171 $51,384,558 FY 2017-2018 Adopted Budget Revenues $1,506,152 $371,207 $1,877,359 Service Population (100%) Population and (50%) Jobs FY 2017-2018 Adopted Budget Revenue Source Revenues Services and Sales Permits & Licenses Fines and Fees TOTAL TOTAL $55,308,616 $2,650,457 $7,681,776 $172,164,683 $225,426,600 Current Revenue Per Pop. Population = 325,605 $4.63 $1.14 $6 Current Revenue per Service Population (Service Population = 416,211) 419,090 $131.97 $6.32 $18.33 $157 $162.39 Projected Increased Revenues YEAR 1 Increase Pop= 0 $0.00 $0.00 so Projected Increased Revenues YEAR 1 Increase Service Pop = 0 $0.00 $0.00 $0.00 so $0 Projected Increased Revenues YEAR 5 Increase Pop = 540 $2,497.88 $615.63 $3,114 Projected Increased Revenues YEAR 5 Increase Service Pop = 540 $71,265.57 $3,415.13 $9,898.03 $84,579 $87,692 Projected Increased Revenues YEAR 10 Increase Pop = 1,215 $2,497.88 $615.63 $3,114 Projected Increased Revenues YEAR 10 Increase Service Pop = 1,215 $160,347.54 $7,684.05 $22,270.56 $190,302 $193,416 Projected Increased Revenues YEAR 15 Increase Pop = 1,782 $2,497.88 $615.63 $3,114 Projected Increased Revenues YEAR 15 Increase Service Pop = 1,782 $235,176.39 $11,269.94 $32,663.49 $279,110 $282,223 Page 5 of 6 April 16, 2019 Fiscal Impact Analysis - General Fund London Towne Subdivision Annexation Projected Increase in General Fund Costs & Revenues (1) Projected Increase in Annual General Fund Expenditures Projected Increase In Annual Ad Valorem Tax Revenues (M&O)(2) Projected Increase In Annual Sales Tax Revenues (General Fund) Projected Annual Increase In Other General Fund Revenues YEAR 1 YEAR 5 YEAR 10 $0 ($337,100) ($758,400) $200 $209,000 $470,000 $0 $30,900 $69,400 $0 $87,700 $193,400 BUILDOUT ($1,112,300) $689,300 $101,800 $282,200 Projected Net Annual General Fund Impacts $200 ( 9,500) ( 25,600) ( 39,000) (1) Rounded to nearest $100. (2) Excludes $0.02 in M&O that is designated for residential street reconstruction. Page 6 of 6 April 16, 2019 EIVED FFB 15 2019 CI Y SECRETARY'S OFFICE PETITION REQUESTING ANNEXATION BY AREA LANDOWNERS TO THE MAYOR OF THE GOVERNING BODY OF CORPUS CHRISTI, TEXAS: The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, or on which fewer than three qualified voters reside, hereby petition your honorable Body to extend the present city limits so as to include as part of the City of Corpus Christi, Texas, the following described territory, to wit: F1ELDNOTES for a 161.56 Acre, Annexation Tract, being a portion of a 173.21 Acre Tract out of Section "D", Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 173.21 Acre Tract described in a Gift Deed from Mary Cecile Meaney, a married woman, as her separate property and estate to Elizabeth Anne Meaney Trustee of the Lucy A. Haynes Trust, as recorded in Document No. 2014032038, Official Public Records of Nueces County, Texas; said 161.56 Acre Tract also being a portion of County Road 33, and a portion of a 1 18.126 Acre Tract out of Cuadrilla Irrigation Company Survey No. Survey 139, Abstract 577 and 1.&G.N.R.R. Survey No. 140, Abstract 612, as shown on the map of Laureles Farm Tracts, a Orap of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 118.126 Acre Tract described as Tract 11 in a Correction Warranty Deed from Sheilah London to Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy, as recorded in Document No. 2015011 169, Official Public Records of Nueces County, Texas; said 161.56 Acre, Annexation Tract being more fully described by metes and bounds as follows: Beginning at a 5/8 Inch Iron Rod Found, being the Southwest corner of a 308.99 Acre Tract described in a Special Warranty Deed from The Joslin Partnership, Ltd., to The City of Corpus Christi, as recorded in Document No. 941343, said Official Public Records, for the Southeast corner of an 8.00 Acre Tract described in Gift Deed from Mary Cecile Meaney to Agape Ranch, as recorded in Docutnent No. 2016053230, said Official Public Records; Thence, North 89°12'59" East, with the South boundary line of the said 308.99 Acre Tract, the North boundary line of the said 173.21 Acre Tract, 1,405.07 Feet, to the common corner of the said 308.99 Acre Tract and 173.21 Acre Tract, for a Northeast corner of this Tract; Thence, South 18°02'59" West, with the common boundary line of the said 308.99 Acre Tract and 173.21 Acre Tract, 871.67 Feet, for a Southeast corner of this Tract; Thence, South 89° 12'59" West, over and across the said 173.21 Acre Tract, 2,083.85 Feet, to the East boundary line of a 2.00 Acre Tract described in a Warranty Deed with Vendor's Lien from Shawn A. Lockett and Marcella R. Lockett to Jeremy Scott and Paige Scott, as recorded in Document No. 2016034176, of the said Official Public Records, for a corner of this Tract; Thence, North 20°10'52" East, with the Southeast boundary line of the said 2.00 Acre Tract, 251.64 Feet, to the Northeast corner of the said 2,00 Acre Tract and for an inner ell corner of this Tract; Thence, North 69'49'13" West, with the North boundary line of the said 2.00 Acre Tract, at 320.48 Feet, pass the apparent Southeast Right -of -Way line of the said County Road 33, in all a distance of 343.96 Feet, to the apparent Northwest Right -of -Way line of the said County Road 33, the Southeast boundary line of the said 118.126 Acre Tract, for an inner ell corner of this Tract; Thence, South 20° 13'25" West, with the common boundary line of the said Right -of -Way and the said 118.126 Acre Tract, 1,164.13 Feet, to a 5/8 Inch Iron Rod Found, being the Northeast corner ofa 20.00 Acre Tract described in a Special Warranty Deed from Sheilah Ruth London to London Independent School District, as recorded in Document No. 2005027456, of the said Official Public Records, the Southeast corner of the said I 18.126 Acre Tract, for a South corner of this Tract, from Whence a 5/8 inch Iron Rod Found, for the Southeast corner of the said 20.00 Acre Tract, bears South 20°I3'34" West, 1,146.66 Feet; Thence, South 20°13'25" West, with the common boundary line of the said Right -of -Way and the said 118.126 Acre Tract, 1,164.13 Feet, to a 5/8 Inch Iron Rod Found, being the Northeast comer of a 20.00 Acre Tract described in a Special Warranty Deed from Sheilah Ruth London to 1..ondon Independent School District, as recorded in Document No. 2005027456, of the said Official Public Records, the Southeast corner of the said 1 18.126 Acre Tract, for a South corner of this Tract, from Whence a 5/8 Inch Iron Rod Found, for the Southeast corner of the said 20.00 Acre Tract, bears South 20°13'34" West, 1,146.66 Feet; Thence, South 88°54'56" West, with the common boundary line of the said 20.00 Acre Tract, and the said 118.126 Acre Tract, 1,023.87 Feet, to a 5/8 inch Iron Rod Found, being the Northwest corner of the said 20.00 Acre Tract, for the Southwest corner of the said 1 18.126 Acre Tract and of this Tract, from Whence a 5/8 Inch Iron Rod Found, for the Southwest corner of the said 20.00 Acre Tract, bears South 01°00'07" East, 1,065.51 Feet; Thence, North 01°00'19" West, with the West boundary line of the said 118.126 Acre Tract, 3,143.05 Feet, to the Northwest corner of the said 118.126 Acre Tract; Thence, North 88°54'56" East, with the North boundary line of the said 118.126 Acre Tract, 2,245.46 Feet, to a Nail Found, on the said Right -of -Way, for the Northeast corner of the said 118.126 Acre Tract and of this Tract; Thence, South 20°13'25" West, with the common boundary line of the said Right -of -Way, and the said 118.126 Acre Tract, 1,699.95 Feet, to an inner ell corner of this Tract; Thence, South 69°46'35" East, over and across the said County Road 33, 24.45 Feet, to the said apparent Southeast Right -of -Way line, for a corner of this Tract; Thence, North 89°12'59" East, with the common boundary line of the said 8.00 Acre Tract, and the said 173.21 Acre Tract, 985.82 Feet, to the Point of Beginning, containing 161.56 Acres (7,037,378 Sq. Ft) of Land, more or Tess. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. We certify that the above described tract of land is contiguous and adjacent to the City of Corpus Christi, Texas, and that this petition is signed and duly acknowledged by each and every person having an interest in said land. THE STATE OF TEXAS / /l COUNTY OF f v I�1. Signed: Date: BEFORE ME, the undersigned authority, on this day personally appeared ! YI1C/ Ii , and , known to me to be he persons whose names are subscribed to the foregoing instrument and each acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this SUZANNE HONEA Notary ID # 130560604 My Commission Expires February 29, 2020 day or ACM/2 Notary( blic in and for /' � { r 1.(i t County, Texas. We certify that the above described tract of land is contiguous and adjacent to the ,City of Corpus Cbr.isti'Texas, and that this petition is signed and duly acknowledged by each and every person having an in`tereSt in said larid� Signed: Date: THE STATE OF TEXAS COUNTY OF AA,/e6e BEFORE ME, the undersigned authority, on this day personally appeared , and , known to me to be the persons whose names are subscribed to the foregoing instrument and each acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this SUZANNE HONEA Notary ID # 130560604 My Commission Expires February 29, 2020 "`" day or Notary Public in and for //U(r"5 County, Texas. We certify that the above described tract of land is contiguous and adjacent to the Cit of Corpus Christi, Texas, and that this Petition is signed' and duly acknowled ed by each and every person having an inter: .4 said land. li 06) ---- <`R A 1 THE STATE OF TEXAS COUNTY OF BEFORE ME, the dersiguthority, on this day personally appeared Signed: Date: I <.5t1 IIIA 7 44.,il1 ,and O/ r64, 17/14 -J whose naes are subscribed to the foregoing instrument and each acknowledged to purposes and consideration therein expressed. Given under my hand and seal of office, this Li day or 16°- , 20, CI . 1. , known to me to be the persons me that he executed the same for the JUANA JEAN BARTON Notary10 #10868260 My Commission Expires June 3, 2021 a -yea 'Notary Public in and for 4 s County, Texas. 137 0 General Notes: • 5/8 rcn 'cn Rod _ :ur o 1.) Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texos South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. J 1/2 Inch Iror Roo w•th green plas_:b cap stamocc "U•23AN VCR=ASEMEN-" Se' .1 Nal ound r 130 49 /-cres out o` a 145 5 Acre (Owner: 'Nolter Barry Comp and Betty Jo Comp) (Doc. No. 1997034377, O.R.N C.T.) 6JA601L L A 1F1F11.9ATIDN 00N1PANY 61101197 127 A9711:1110T 676 Survey N88'54'56"E 21245.46' Troct 91.1F119Y 146, A96T91A6-r 012 15.01 Acres out 01 11:1 !45.5 Acre Tract Owner: Betty, _INE B_A4lIG 0.5TANCE 25`.64 3L3.95' 22.45' N20' E 0'52" 3 N69'49 13'W S69'( -5'35"E a Jo Cornp (Doc. No.1 � y \ 1201000557 -, io.y r : QO.F.R.N.C.T) ° ,a t' ' cxc;4/ 6';‘,3'1' §0,-=; ° Q Fci SCI°S h O N 104 d: t . . M,,yQ u go ° �2 `')/1'0)W4' v Ac Q c ° o'�oo`y Q l m5 -'F mr- .c ta as �,V / w° o ' U ao J .���<°Q �2' (� a 8 -ti 20 r.; Q c` co Q g, 1u o, o - ,,, o o. Oj M o z rn^ � .- U 0 0 0 3 Q O� Q U C �o o a0, a v ^a C M 7 y o'.j d . • -/. 6.100 Anes out 0 Section 'D' (i of, ° U C tae.eies Parra Tracts 3 Re-. sir N" cesl Canty, Texos / 01 ) p V M �o Owner Agape Ronrn) a, 2y y O A (Doc. No. 2016053250, ) C Q. O I OP.R N.0 T.) / ° Lire CUAJFIILLA IFIA(8ATIDM 0116158N3 08797 199, A90T11ACT 97) 11; I v 1I; Val. 3, Pg{ 15, Map Records of Nueces County. Texas II i,33.N.F1,11. 9UA39Y 1401, iZ A99'faADT 912 Coiled 118.126 Acre Tract oui of a 145.5 Acre Tract out o) the I.&G.N.R.R. Survey 135, 139 and 140, and Section "0" Loureles Farm Tracts Vol. 3, Pg. 15, Map Records of Nueces County, Tdxas (Owner: Bill 3. Brown, Reagan Travila Brown and Alyssa Ann Brown McCoy) (Doc. No. 2015011169, 0.P.R.N.C.T.) 1 Of z 161.56 Acres 7.037.378 So.? t. Survey --� Line ;Iy CJA691LLA 181118ATIDAI I 00141588'],I 811,116`./140, BJA1-0 199, A98TFIAC-r 612 1A6,VBACT 99i �n Company, o o N Q L S88'4'56"W 10 3.87' m e . 1. S C O V CC #w 0rp...J Itiz 31 i o 00 ° I a -"I 7 / O V ,; l<o,� sic �. 4o Q 1 n a 2- N89' 12'59"E "Point of Beginning" 2390.89' tz 985.82 14(15.07 Portion of 173.21 Acre Tract out of Section "0" Lourdes Farm Tracts Vol. 3, Pg. 15, Map Records of Nueces County, Texas (Owner: Elizabeth Anne Meaney, Trustee of the Lucy A. Haynes Trust) (Doc. No. 2014032038, 0.P.R.N.C.T.) S89'12'59"W 2083.85' �ry 2 00 Acres out of Section "D" Laureles Form Tracts ,^ Vol. 3, Pg. 15, Mop Records of Nueces County, Texas (Owner: Jeremy and Paige Scott) (Doc. No. 2016034176, 0.P.R.N.C.T.) Portion of Section "D", Laureles Farm Tracts_ Vol. 3, Fo. 15, Mop Records of Nueces County, Texos (Cwner: Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy) (Doc. No. 201 501 11 59, 0.P.R.N.0 T.) / 900 600 300 0 600 1200 1"=600' Annexation Tract Sketch to Accompany FIELDNOTES for a 161.56 Acre, Annexation Tract, being a portion of a 173.21 Acre Tract out of Section "0", Loureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 173.21 Acre Tract described in a Gift Deed from Mary Cecile Meaney, a married woman, as her separate property and estate to Elizabeth Anne Meaney Trustee of the Lucy A. Haynes Trust, as recorded in Document No. 2014032038, Official Public Records of Nueces County, Texas; said 161.56 Acre Tract also being a portion of County Road 33, and a portion of a 118.126 Acre Tract out of Cuadrilla Irrigation Company Survey No. Survey 139, Abstract 577 and I.&G.N.R.R. Survey No. 140, Abstract 612, as shown on the map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 118.126 Acre Tract described as Tract II in a Correction Warranty Deed from Sheilah London to Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy, as recorded in Document No. 2015011169, Official Public Records of Nueces County, Texas REV: Jan. 17, 2019 DATE: March 28, 2018 SCALE: 1n=600' JOB NO.: 42900.B7.03 SHEET: 1 of 2 DRAWN BY: RLG urbansurveyl@urbaneng.com 02019 by Urban Engineering 6 URBAN ENGINEERING len TM NO. 145, 10PL5 FIRM NO 10032x0 2725 51451804 OR, 001805 0191511. IH 78404 9)11019 561.654.3101 WAwUROANa1000Y URBAN] ifi 1nPE ROW NO. 155. MRS FlR4 10032100HD. 1021pp 2725 WANNERWANNERDR. CORPUSs avasn. TX 721401.aPRIMEPL 361.851.3101 M4W.UR9AYENAC0,1 REV: Jan, 17, 2019 DATE: March 28, 2018 SCALE: 1"=600' JOB NO.: 42900.B7.03 SHEET: 2 of 2 DRAWN BY: RLG urbansurveyl ®urbaneng.com 02019 by Urban Engineering a So* p ` 3p o9p 'j 4 ;4, (Sy 3S)J Oso Creek CABANISS f r,/tt F.M. 43 a) C..) a ( j F.M. 43 S.H. 286 COUNT'OF CITY OF NUECES CORPUS CHRISTI LOCATION MAP N.T.S. REV: Jan, 17, 2019 DATE: March 28, 2018 SCALE: 1"=600' JOB NO.: 42900.B7.03 SHEET: 2 of 2 DRAWN BY: RLG urbansurveyl ®urbaneng.com 02019 by Urban Engineering Petition Requesting Annexation by Area Landowners (1 Tract, 161.56 acres) First Public Hearing City Council Presentation April 16, 2019 Background • On February 26, City Council adopted a resolution acknowledging the request for annexation and setting a schedule to conduct the required public hearings and possible Ordinance adoption that would annex the property. • Council approved a reimbursement from the Wastewater Trunk Line fund for lift station and other related improvements on May 8, 2018. • No decision about the annexation is being made today. • Staff providing the Service Plan and results of the Fiscal Impacts Analysis. • Council holding a public hearing. Aerial Overview of Annexation Tract Schmf.Uo-ict Legend London Towne Subdivision f.73 City Limits 1 inch =1000 feet At N 3 Annexation Tract Subject Tract: 161.56 acres ■ Mml 1111111 rzIIIH,IIIIII, IIIIII ml loll 1111 =11.111: H111141110 11111! 111 d= lMilli=llo 1111 E I1I1!!flfllr ' =_ IIfIf I!l IIl1 1111 IIryf1 !� VIII C- 1111@ OiOil111lIf1! llurlr.1 lu1_= alum IIIIirmiNrt i li marg. �■nw �. IIIIIIIIIL111e 111f` IIIIU111r o wnluirlr Iklllllll\r 1111111 r ■illlll11111i Actoilcio 111111111111 Capp groarel r jr Corpus Christi City Limits City Limits London Towne Annexation Boundary 025 65 Maes Planned Development London Towne Subdivision: ❖ 161.56 acres ❖ 660 housing units ❖ Approximately 15 years to buildout ❖ 2+ acres park (HOA to maintain) ❖ Average unit sales price estimated at $270,000 IT71771711-71MINAMIT 1777?°.�9r IFTTTIT mi / effitimm ammo / I MA, YIALS ELMS • r01 I I wuv e r UM- ONE POLI 2 RY - 22,77 ACRES -- ' o�= �a R]NN ip31 AREA NCLI.NI1 IN 'NEIJ1.1NA4, FLU MASTER SITE PLAN FOR LONDON TOWNE SUBDIVISION if 5 Fiscal Impact Analysis —General Fund Average Cost/Revenue Method: ❖ Population = 325,605 ❖ Non -Farm Empl. = 186,969 ❖ Service Population (Pop.+ 1/2 Jobs) = 419,090 ❖ Av. Household size = 2.7 ppl Revenue Estimate: ••• •:• Estimated increased property tax and sales tax revenues Per -capita estimate for other General Fund Revenues (ex. Solid Waste) Cost Estimate: ❖ Per -capita estimate for General Fund Expenditures (est. $624 per capita) Note: Not all General Fund Revenues and Expenditures projected to increase. Example: Fire Department Budget $58,484,506 / 419,090 = $139.55 per person 660 households x 2.7 persons per household x $139.55 = $248,700 Sources: FY2018-2019 City of Corpus Christi Adopted Budget; 2017 Census Population Estimates; 2017 American Community Survey; 2017 Texas Workforce solutions Quarterly Census of Employment and Wages Report. Fiscal Impact Analysis —General Fund Projected Increase in General Fund Costs & Revenues (1) Projected Increase in Annual General Fund Expenditures Projected Increase In Annual Ad Valorem Tax Revenues (M&O)(2) Projected Increase In Annual Sales Tax Revenues (General Fund) Projected Annual Increase In Other General Fund Revenues YEAR 1 YEAR 5 ($337,100) $200 $209,000 $0 $30,900 $0 $87,700 YEAR 10 ($758,400) $470,000 $69,400 $193,400 BUILDOUT ($1,112,300) $689,300 $101,800 $282,200 Projected Net Annual General Fund Impacts $200 ($9,500) ($25,600) ($39,000) (1) Rounded to the nearest $100. (2) Excludes $0.02 in M&O that is designated for residential street reconstruction. Average Unit Sales Price of $285,000 (prey. $270,000) Household Income $108,000 (prey. $77,000) $5,000 $1,800 Sources: FY2018-2019 City of Corpus Christi Adopted Budget; 2017 Census Population Estimates; 2017 American Community Survey; 2017 Texas Workforce solutions Quarterly Census of Employment and Wages Report. County Road 33 Cost Estimate: Slough Road ❖ Amethyst to Rodd Field ❖ 3,500 Linear feet ❖ $3.2M (excludes water, wastewater, & gas improvements) ❖ $914 per LF Cost Estimate: Rural Cross Section Slough to Brooke ❖ 2,650 Linear feet ❖ $990K (excludes water, wastewater, & gas improvements) ❖ $351 per LF t,,- RIGRT-0E-IYAY CENTERLNE R RIGRT-0F111.111 aEr — air 11' T] 11' _2 101 iWNt I� - * ' S' NN 2 B'�T-.ADAn,, CV',,,,E1=1',,,,E1=16 AND ,\ �' L CUPG UJOGaTTfR 1 PROPOSED STORY `\ WATER COYYUIICATOT AND ELECTRICALVIRrttS • ADINTNEALTERNATE SI -AREA BECOMES WSW. PUPAE 1 461CC TYPED ,y PT RENEGE BASE. TADY TYPE A. GRADE, CP _ MOSSO• TEN5A4 725 12 Cow.C1ED suaGRADE 5' PROPOSED TYPICAL SECTION STA SR 26+50 NOT TO SCALE 17 10 d,p,_ —g s 30' �RI[WTAF-WAY :ERTEPLiNE AO' SIGHT -OF WAY s 24 T SNOIMER, r�roGLDER --I I—e T I 11. TRAVEL14.1 141F ffi DMTI 11' r4 \ PAMIE •emn.... 1-1,2 EM4C TYPED Y AMC TYPES 10 -FLEXIBLE BASE, TNOT TYPE A. GRADE 1 OR GEOORIO. TENSAR TRS "'CCWFAC TED SUDGRADE PROPOSED WATER UNE (G PROPOSED TYPICAL SECTION STA AD 18+00 481 11 NOT TO SCALE 8 County Road 33 CR 33 ❖ FM 43 to north end of London Towne ❖ 5,500 Linear Feet Cost Estimate: CR 33 • •:• Construction Costs = ➢ $1.9M -$5M Debt Service (20 Yr @ 5%) = > $1.2M - $3M 9 Street Construction Revenues Projected Increases in Street Revenues (1) YEAR 1 YEAR 5 YEAR 10 BUILDOUT Projected Increase In Annual Ad Valorem Tax Revenues ($0.02 for Residential Street Reconstruction Program) $0 $10,800 $24,300 $35,600 Projected Increase in Annual Transfer to the Streets Fund (2) $0 $17,800 $39,800 $58,300 Projected Increase In Annual Street Maintenance Fee Revenues ($5.38 per month per unit) $0 $12,900 $29,100 $42,600 Projected Increase In Annual Ad Valorem Tax Revenues (Debt Service / Bond Program) $100 $118,600 $266,700 $391,100 (1) Rounded to nearest $100. (2) The estimated transfer from the General Fund is calculated using 6% of the General Fund Revenue less any grant revenue, industrial district revenue and residential street property 10 Annexation Schedule V2-26-2019 / 3-15-2019 13-31-2019 14-07-2019 4-16-2019 4-23-2019 5-14-2019 5-21-2019 — City Council Annexation Resolution — Written Notices Mailed to Public & Private Service Providers — Public Notice for 1st Public Hearing — Public Notice for 2nd Public Hearing — 1st City Council Public Hearing — 2nd City Council Public Hearing — 1St Reading of an Ordinance — 2nd Reading of an Ordinance — Annexation Complete 1 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 16, 2019 Second Reading Ordinance for the City Council Meeting of April 23, 2019 DATE: TO: April 10, 2019 Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Sarah Munoz, P.E., Interim Assistant Director of Street Operations SarahM3@cctexas.com (361)826-3433 Becky Perrin, Assistant Director of Parks and Recreation BeckyP@cctexas.com (361) 826-3498 Wetland Dedication for Harbor Bridge Replacement Project (HBRP) CAPTION: Ordinance declaring and dedicating 16.744 acres of land located on North Beach as a wetland preserve; authorizing execution of the deed restriction and actions necessary to maintain the protected property as a wetland preserve subject to the conditions of U.S. Army Corps of Engineers Permit and the Final Mitigation Plan for the US 181 Harbor Bridge Replacement Project filed by Flatiron-Dragados, LLC PURPOSE: Dedication of two City owned tracts of land totaling 16.744 acres in the North Beach area for the use as a wetland preserve and establishing deed restrictions on said tracts of land (attached). BACKGROUND AND FINDINGS: The Texas Department Transportation (TxDOT) is constructing the new Harbor Bridge Replacement Project (HBRP). TxDOT's Design Builder, Flatiron Dragados LLC (FDLLC) is currently conducting the environmental mitigation portion of the Project. In 2014, as a part of the City's participation in the HBRP, the City committed to the use of City owned wetlands on North Beach for the purposes of wetland mitigation for the HBRP. The Final Environmental Impact Statement (FEIS) and the Record of Decision (ROD) determined that due to the construction Project No: N/A 1 SM/LH Legistar No.: 19-0493 Rev. 2 — 04/10/19 impacts, wetland mitigation would be required through acquisition of a United States Army Corps of Engineers (USACE) Section 404 Individual Permit. Coordination between TxDOT and the City for site location began in 2014. Various locations were evaluated, and it was determined the City owned land on North Beach was the best candidate for the mitigation. One of the conditions of the USACE permit requires the City, as the property Owner, to place deed restrictions on the subject Property for the purpose of providing compensation for adverse impacts to waters of the United States. The purpose of the deed restrictions is to assure that the Property will be retained and maintained forever predominantly in the natural vegetative and hydrologic condition described in the Success Criteria section of "Final Mitigation Plan for the US 181 Harbor Bridge Replacement Project filed by Flatiron-Dragados, LLC (Mitigation Plan)." Once Success Criteria has been met, annual monitoring will be discontinued. Additionally, the property must be used in perpetuity for the purposes stated in the 404 permit. Future activities conducted upon the Property, that affect the vegetative and or the hydrologic conditions outlined in the Success Criteria of the Mitigation Plan must be coordinated with and approved by the United States Army Corps of Engineers, Galveston District, Regulatory Branch, prior to beginning the activity. City Planning in conjunction with Parks and Recreation has identified this wetland area as an Eco Park area (attached). Planning Staff is working with the National Park Service to develop an environmentally conscious plan for a park that will be home to healthy wetlands and wildlife, as well as trails, boardwalks, observation decks, interpretive signs and educational resources. Additional ideas for amenities and design will be gathered through an online survey and public meetings. As a condition of the City providing the property to FDLLC and TXDOT for wetland mitigation, FDLLC has included the proposed Eco Park area in their permit request to the USACE for consideration. FDLLC is currently awaiting final approval of the 404 permit for wetland mitigation from the USACE. Approval is expected to be received mid-April. ALTERNATIVES: 1. Authorize execution of the Agreement. (Recommended) 2. Do not authorize execution of the Agreement. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The Ordinance conforms to the City Charter, Article X, Section 1, Power to regulate land use and development by City Council. EMERGENCY / NON -EMERGENCY: Non -Emergency Project No: N/A 2 SM/LH Legistar No.: 19-0493 Rev. 2 — 04/10/19 DEPARTMENTAL CLEARANCES: Parks & Recreation Department Department of Public Works FINANCIAL IMPACT: Operating Revenue ❑ Capital X Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item Future Anticipated Expenditures This Project BALANCE Fund(s): N/A. RECOMMENDATION: Staff recommends approval to execute the Agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Eco Park Exhibit Location Map Presentation Deed Project No: N/A 3 SM/LH Legistar No.: 19-0493 Rev. 2 — 04/10/19 Ordinance declaring and dedicating 16.744 acres of land located on North Beach as a wetland preserve; authorizing execution of the deed restriction and actions necessary to maintain the protected property as a wetland preserve subject to the conditions of U.S. Army Corps of Engineers Permit and the Final Mitigation Plan for the US 181 Harbor Bridge Replacement Project filed by Flatiron-Dragados, LLC WHEREAS, one of the goals of the Clean Water Act is to prevent the degradation of the Nation's waters, including the needless destruction of wetlands; WHEREAS, the Texas Department of Transportation's ("TXDOT") U.S. Highway 181 Harbor Bridge Replacement Project ("Project") impacted the waters of the US and requires wetland mitigation; WHEREAS, the City owns property adjacent to the Project that it desires be used as the mitigation site; WHEREAS, TXDOT and its contractor, Flatiron-Dragados, will remove concrete foundations and pilings, excavate and fill as needed to ensure appropriate elevations and hydrology to successfully establish the target wetland areas, plant required vegetation and monitor to ensure the success criteria are met; and WHEREAS, the purpose and intent of this Ordinance is to assure that the subject lands will always be retained and maintained forever predominantly in the vegetative and hydrologic condition described in the success criteria of the Mitigation Plan for the Project under TXDOT's Section 404 Permit No. SWG-2014-00408. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: That a 12.24 acre tract of land (Wetland Preservation Site, Tract #1) and a 4.504 acre tract of land (Wetland Preservation Site, Tract #2), real property owned by the City and more particularly described and shown in the attached map and metes and bounds (Exhibit A), is land hereby declared and dedicated as a Wetland Preserve, to be monitored by the City and held in perpetuity as a wetland preserve. SECTION 2: The City Manager or designee is authorized to sign and record all necessary documents and real estate instruments to that effect, including but not limited to the required deed restriction/conservation easement. SECTION 3: That the City Manager or designee is authorized to take other actions that are necessary to maintain and preserve the Wetland Preservation Sites as a wetland preserve subject to and in accordance with U.S. Army Corps of Engineers Section 404/10 Individual Permit Number SWG-2014-00408 and the Final Mitigation Plan for the US 181 Harbor Bridge Replacement Project filed by Flatiron-Dragados, LLC. 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, this the day of , 2019 ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor EXHIBIT "A" County: Nueces Page 1 of 6 Highway: US 181 Dated: August 31, 2018 Project: North Beach Wetlands Revised: Property Description for Tract 1 Being a 12.24 acre (533,144 square feet) parcel of land, situated in the Enriquez Villareal Survey, Abstract Number 1, Nueces County, Texas, being all of a 12.239 acre (calculated 12.24 acre) tract of land described as "Tract 1" of the Beach Park Unit 1 Subdivision as shown by plat thereof, dated February 10, 1988, recorded in Volume 53, Pages 125-126 of the Map Records of Nueces County, Texas (M.R.N.C.T.), also being the same tract of land conveyed to the City of Corpus Christi as shown by said plat. Metes and bounds description of said 12.24 acre parcel is as follows: BEGINNING at a leaning 5/8 inch diameter iron rod found for the south corner of the herein described tract, the south corner of said Tract 1, lying at the intersection of the existing northeast right-of-way line of Gulden Street (60 foot right-of-way) and the existing northwest right-of-way line of Timon Boulevard (60 foot right-of-way), and having State Plane Coordinates of N=17,193,062.06, E=1,345,364.20, from which a 5/8 inch diameter iron rod found for reference bears South 56 deg. 11 min. 27 sec. East, a distance of 60.00 feet, said reference rod being the West corner of a 0.807 acre tract of land described as "Tract 3" of said subdivision, and lying at the intersection of the existing southeast right-of-way line of said Timon Boulevard and the northeast right-of-way line of said Gulden Street, said reference rod also having State Plane Coordinates of N= 17,192,990.72, E=1,345,470.73; (1) THENCE, North 58 deg. 21 min. 47 sec. West, with the southwest line of said Tract 1 and the existing northeast right-of-way line of said Gulden Street, a distance of 472.67 feet (Called — North 58 deg. 12 min. West, 472.67 feet) to a 1 inch diameter iron rod found for the West corner of the herein described tract, the West corner of said Tract 1, the southwest corner of a street dedication (calculated 0.1766 acre) as shown by said plat, and lying at the intersection of the existing northeast right-of-way line of said Gulden Street and the existing southeast right-of-way line of US 181 (250 foot right-of-way) and Avenue "E" (100 foot right-of-way), said iron rod also having State Plane Coordinates of N=17,193,309.99, E=1,344,961.77; (2) THENCE, North 41 deg. 36 min. 10 sec. East, with the northwest line of said Tract 1 and the existing southeast right-of-way line of said US 181 and said Avenue "E", a distance of 444.57 feet (Called — North 41 deg. 45 min. 56 sec. East, 444.57 feet) to a 5/8 inch diameter iron rod found for an angle point of the herein described tract, and having State Plane Coordinates of N= 17,193,642.43, E= 1,345,256.95, said iron rod also being the northeast corner of said dedication; EXHIBIT "A" County: Nueces Page 2 of 6 Highway: US 181 Dated: August 31, 2018 Project: North Beach Wetlands Revised: Property Description for Tract 1 (3) THENCE, North 49 deg. 33 min. 38 sec. East, with the northwest line of said Tract 1 and the existing southeast right-of-way line of said US 181 and said Avenue "E", a distance of 234.01 feet (Called — North 49 deg. 43 min. 25 sec. East, 234.01 feet) to a TxDOT "Type II" monument set for an angle point of the herein described tract, and having State Plane Coordinates of N= 17,193,794.22, E= 1,345,435.06, from which a broken TxDOT "Type I" monument bears South 08 deg. 06 min. 45 sec. West, a distance of 0.52 feet; (4) THENCE, North 55 deg. 36 min. 13 sec. East, with the northwest line of said Tract 1 and the existing southeast right-of-way line of said US 181 and said Avenue "E", a distance of 787.90 feet (Called — North 55 deg. 46 min. 00 sec. East, 787.90 feet) to a TxDOT "TYPE II" monument set for the northeast corner of the herein described tract, the northeast corner of said Tract 1, lying at the intersection of the existing southeast right-of-way line of said US 181, and said Avenue "E", and the West right-of-way line of Hull Street (variable width right-of-way), said monument also being the beginning of a non -tangent curve to the right and having State Plane Coordinates of N= 17,194,239.31, E= 1,345,470.73; (5) THENCE, With a northeast line of said Tract 1, the existing West right-of-way line of said Hull Street, and said curve to the right having a radius of 225.00 feet (Called — 225 feet), a central angle of 101 deg. 29 min. 15 sec. (Called — 101 deg. 29 min. 13 sec.), an arc length of 398.54 feet (Called — 398.54 feet), and a chord which bears South 07 deg. 15 min. 35 sec. East, a distance of 348.45 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an East corner of the herein described tract, an East corner of said Tract 1, and lying at the intersection of the existing West right-of-way line of said Hull Street and the existing West right-of-way line of said Timon Boulevard, said iron rod also having State Plane Coordinates of N= 17,193,893.66, E= 1,346,129.22 and being the end of said curve to the right; (6) THENCE, South 45 deg. 51 min. 21 sec. West, with the southeast line of said Tract 1 and the existing northwest right-of-way line of said Timon Boulevard, a distance of 510.17 feet (Called — South 46 deg. 01 min. 08 sec. West, 510.17 feet) to a 5/8 inch diameter iron rod found for the beginning of a tangent curve to the left, and having State Plane Coordinates of N= 17,193,538.35, E=1,345,763.13; EXHIBIT "A" County: Nueces Page 3 of 6 Highway: US 181 Dated: August 31, 2018 Project: North Beach Wetlands Revised: Property Description for Tract 1 (7) THENCE, With the southeast line of said Tract 1, the existing West right-of-way line of said Timon Blvd., and said curve to the left having a radius of 3,018.49 feet (Called — 3,018.49 feet), a central angle of 11 deg. 48 min. 50 sec. (Called - 11 deg. 48 min. 50 sec.), an arc length of 622.39 feet (Called — 622.39 feet), and a chord which bears South 39 deg. 56 min. 56 sec. West, a distance of 621.29 feet to the POINT OF BEGINNING, containing 12.24 acre (533,144 square feet) of land. All bearings and coordinates are based on the Texas Coordinate System, South Zone (4205), NAD 1983 (93). Due to the combined surface adjustment factor of 1.00000 the distances and coordinate values of surface and grid are equal. All distances are based on U.S. Survey Feet. A plat of even date was prepared in conjunction with this property description. This survey was performed on the ground under my supervision during August 2018. ennie L. Galvan Registered Professional Land Surveyor License No. 5229, State of Texas CivilCorp, LLC - 4611 E. Airline Suite #300, Victoria, Texas 77904 361-570-7500 Texas Firm Registration No. 100576-00 7e-------- 0 z J -J w OC a� J J I- >< IV I- W N D CO 0< z w N W cc O Q N LO in1 < N-1- U U W o_ ci^ Z 1-0 cc W Pvj W a in J H NU O J ,.N n 0 a an w 0 x m ) -�- . 0 w 0 Ml LL x waoxow 4 xmo x a r--OWa w Ow x zoa°w a O a LL J W z ...cc., N Or > Z a x W -2 a Vl -� W W r 00,4_ W mora NVLZ- r Lal a - 00 , 0 O J a O x J Z W a 8 a W r 0000 . W J r N U a I 4 40.7i LL ?1-ctao Oo 0D 0 Z 2 OONv' Or I 8" 0 W O U x 1-1 v wza .ar �Za •r---- OW-+rOWx; Zr0N--WU aV xLLVLZ > 00 00 0 Vl U 0 O -- Z W W 2 z>,0 --r SraxrZ xar az 0 7x7 W--000OWZ mor x 0Oa 1/100 LL -.000E-.0 a -“Om -0z Z 400-NOa-- N GULDENSTREET PROPERTY SKETCH 1- a 1- <0 J Z 00 0 0 inNLi ( 321nF- in >- U : W0<0 >ZL D CCa W V)02 Z F- >- N D CC I -0Z: W to >-WV) 2 W W 1- H Q Z W O 0 00 )- G 1 - cc G I O W I- W LL_ ct 2 c a W WO2 RPLSn5229 NORTH BEACH WETLANDS 0 a a 12.24 ACRES (533,144 SF) z W 0 W TRACT NUMBER x zWZ z z O 0 U Wm 60 x r W z LL 00 ¢ a N W cc U AREA TABLE cc 0 z U << W cc 0.000 AC z W Y � a U u0 a vv N N N) -n 1!) ■oo <3. 0 0 O 00.0 Ua VL xa a W X O X X x W U W W r W r r W ? W W JN rr > J Z Z TiDr r 7z�zlnzaJJ '8Fgw2g¢>-r J0 U O0 a r a 0 0 Vl W 1/1 U x 00 W¢wzw U O U U �- LL W W W a W Y O LL 7 W 7 7 a x OZ OZ �Z r a 0. P. R. N. C. T. D. T. R. N. C. T. M. R. N. C. T. EASEMEN \ / / CI z w w TRACT NUMBER FOUND TxDOT TYPE I MONUMENT SET TxDOT TYPE II MONUMENT 0 0. mw 03 z0 •-• 0 X. : 0 00 N Ow OD LL's' REFERENCE POINT OF BEGINNING Z m U ■00 • O Z D. R. N. C. T. 0. R. N. C. T. 0. P. R. N. C. T. 9 3OVd 3N1-113!VW 0. T. R. N. C. T. 0 0 N Q 0 Z-000 O QZ W 0 Z CC0 D 7 00D.0 00D,0 0 ON0 V)N00 4 010040 ,w w 0 Z W W 0 ¢00x40 <003,40LL N O = W W M U O 7 Q ,W 004 4,00 Z O Mow o }1- .OW O0N0^&'Z 00 WFLL W Q -.H 01- U ,0 OF0 QW JVD o'Z zOO>O ZO 0Z •C-141-1 00/1 0 O.-•Q�-J WU NOlfLLQQ .0 000) Z N Z z Z• •w}" Ln Z0 JW, LY.,000w00 QXI-00 ww 00 0, 000< >00. J 0 0-, 0 0 0 m w JIQOZO 0 <Y Q E- Z Q Q Q V1 Q d W. wa .0 o -- x z� 0 x 0, 0; N 0 Z CIE 8 Nmo O • O x } N 8 W � <'4 w z 8 O z CO PLAT SHOWING H 0 a t - BEACH WETLANDS 0 to U a (533,144 SF) 12.24 ACRES (O N N58.21' 47'W 472.67' (CALLED N58°12' A 472.67' GULDEN STREET (6 N 7 EXISTING R. 0o 1•- 6v ) .. p Or�mmrn w .�Q JNO• N J N QtO NIM "J�QN XISTING R.0 (O 00 •N N• (O c 0(C) .M M mU _M �• CC~nw dt--zw MONUMENTATION TABLE M 1- N0) l! ) CO O U _• Z (O In M F c Q) v v c - M M M M M M t0 M CC 0 z N O N 0) 93,309.99 ti ti ti ti ti O 0 N M t0 O O O O O 0 0. EXISTING R.O.W. 0 0 (O 1- - '.0 N N c = WN 11-) U_ N c(U _a~C7 CC r- Z O 0 < N) 0 - 0 - > U EXISTING 0.• S56°11' 27"E 60.00' R.0•W• • VU •ce Li W CC CO Z W 0 J TRACT NUMBER TxDOT TYPE 1 MONUMENT II MONUMENT o 0 xW O 30 02 CC VI • < 0< CC< < Oa CCW 0 w w ¢w Ox w 0 2Z VI W 1-- VI H F W 1- . - � < m 03 Z Z ¢ U d ZVI ¢¢ K Y Or Ji 1-Y Y T 0 W 0 0 V, r U 1- m 1- VI1- I- ~ -" H U m OZ WZCC D DZ DZ OZ �- AUK coo w 0o O O H� ¢8 O. O\ U W 0U JU JU 0 0U O ao0U Nut Z 0 W < < u_ U X \ J VI W a' VI VI ••• VI O VI w VI O �- V1 1- >- O W a' W U w U w w K W Z1 -a> SE' wWZ OU LT_ U O0 u.WWww O W wC.1 OD w O wZ u_Z O ,au, g u. N VI u_� a a 0 OZ OZ Z U X00 • o i m o 0. R. N. C. T. 0. P. R. N. C. T. D. T. R. N. C. T. J NW LL J J I— >> ��<y LL N I— WLn 0< cc z W o o� ti W / / / / / / / / / M. R. N. C. T. TAKING AREA LINE Z J 0 / 47 / / / / EASEMENT / / / / / / r. io/i44) M, NM J ▪ 01N OIC U $i N D N U • 00 N > • N r W z U 0 W O Z O z co )- 0 O N V Er J d NORTH BEACH WETLANDS w V) y cc N d O cc U CCU COLLI CCO O¢ ma < 2 12.24 ACRES (533, 144 SF) VW %l] YW < U 5 3OVd 3NI1HOININ V1 0 Q W VI Z Uta O 0 <UC -N LLZCCWa<0 1 OZ a<0 Z ;< NNNVI00 J mIOoao Iw-a 1- W W Q VI uJ Zw0N 0-. 4001-403 x Zh u_ N 0 CC W > W 0 U O 7< 01- 1-41 1 - FW O V1 < OVI~000 ZO mwl-wwa O� 0 00, 1- 0 U<W JI/) aZ ZOa<•- O 0--00>0 m-, ZO 1- UZ < a .UWJ NO 0.-4r, W U VI 0 'nu. < • O O LI O Z F- Z z - N v Z O J W 1~ CC <17W a <u. ¢0 < )<D 00 WW 00m1-00ram Mr-VIUWWO< > >¢a J W 0 0 0 W a a W J x< O Z K 7 a' 41--Z44.404a MONUMENTATION TABLE c7 N W M ti ti N1 1,346,129.22 f.7 Z 0 Z 01 N 0) z 0 a 0 0 <* 1 $ Parcel Closure Report: TRACT1 <* 2 $ US 181 HB Wetlands <* 3 $ Start Coordinates, North: 17193062.06 East: 1345364.20 Name: 14 <* 4 $ Line: N 58^ 21' 47" W Dist.: 472.67 PtNum: 15 <* 5 $ Line: N 41^ 36' 10" E Dist.: 444.57 PtNum: 16 <* 6 $ Line: N 49^ 33' 38" E Dist.: 234.01 PtNum: 17 <* 7 $ Line: N 55^ 36' 13" E Dist.: 787.90 <* 8 $ Curve: C2 Rad.: 225.00 Delta: 101^ 29' 15" rt. Arc: 398.54 <* 9 $ Degree: 25^ 27' 53" Tan.: 275.32 Mid Ord.: 82.62 Ext. 130.57 <* 10 $ Chord Bearing: S 7^ 15' 35" E Chord Dist.: 348.45 <* 11 $ Line: S 45^ 51' 21" W Dist.: 510.17 <* 12 $ Curve: C3 Rad.: 3018.49 Delta: 11^ 48' 50" lft. Arc: 622.39 <* 13 $ Degree: 1^ 53' 53" Tan.: 312.30 Mid Ord.: 16.03 Ext. 16.11 <* 14 $ Chord Bearing: S 39^ 56' 56" W Chord Dist.: 621.29 <* 15 $ End Coordinates, North: 17193062.05 East: 1345364.20 <* 16 $ Error North: -0.01 Error East: -0.00 <* 17 $ Error Direction: N 12^ 55' 23" E Total Distance Error: 0.01 <* 18 $ Error of Closure: 1/267264.11 <* 19 $ Perimeter: 3470.25 <* 20 $ Area: sq. Feet: 533144 Acres: 12.24 EXHIBIT "A" County: Nueces Page 1 of 5 Highway: US 181 Dated: August 31, 2018 Project: North Beach Wetlands Revised: Property Description for Tract 2 Being a 4.504 acre (196,214 square feet) parcel of land, situated in the Enriquez Villareal Survey, Abstract Number 1, Nueces County, Texas, being a portion of a 9.315 acre tract of land described as "Tract 2" of the Beach Park Unit 1 Subdivision as shown by plat thereof, dated February 10, 1988, recorded in Volume 53, Pages 125-126 of the Map Records of Nueces County, Texas (M.R.N.C.T.), also being the same tract of land conveyed to the City of Corpus Christi as shown by said plat. Metes and bounds description of said 4.504 acre parcel is as follows: BEGINNING at a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the south corner of the herein described tract, lying in the southeast line of said Tract 2, the northwest line of Lot 10, Block 385 of the Brooklyn Addition as shown by plat thereof, recorded in Volume A, Page 30-32 of the M.R.N.C.T., and having State Plane Coordinates of N=17,193,247.80, E=1,346,167.18, from which a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for reference bears South 31 deg. 19 min. 01 sec. West, a distance of 218.64 feet, said reference rod being the South corner of said Tract 2, lying in the northwest line of Lot 2, Block 385 of said Addition and the existing northeast right-of-way line of Sandbar Street (60 foot right-of-way), from which a 1 inch diameter iron pipe found bears South 37 deg. 50 min. 35 sec. West, a distance of 0.36 feet, said reference rod also having State Plane Coordinates of N= 17,193,115.52, E=1,346,086.71; (1) THENCE, North 62 deg. 11 min. 23 sec. West, severing said Tract 2, a distance of 451.65 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the West corner of the herein described tract, lying in the northwest line of said Tract 2 and the existing southeast right-of-way line of Timon Boulevard (right-of-way width varies), said iron rod also having State Plane Coordinates of N= 17,193,458.52, E= 1,345,767.70 and being the beginning of a non -tangent curve to the right; (2) THENCE, With the northwest line of said Tract 2, the southeast right-of-way line of said Timon Boulevard, and said curve to the right having a radius of 2,958.49 feet (Called — 2,958.49 feet), a central angle of 01 deg. 00 min. 56 sec., an arc length of 52.44 feet, and a chord which bears North 45 deg. 21 min. 01 sec. East, a distance of 52.44 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the end of said curve, and having State Plane Coordinates of N=17,193,495.37, E=1,345,805.00, from which a found 5/8 inch diameter iron rod bears North 11 deg. 38 min. 36 sec. West, a distance of 0.51 feet; EXHIBIT "A" County: Nueces Page 2 of 5 Highway: US 181 Dated: August 31, 2018 Project: North Beach Wetlands Revised: Property Description for Tract 2 (3) THENCE, North 45 deg. 51 min. 21 sec. East, with the northwest line of said Tract 2 and the existing southeast right-of-way line of said Timon Boulevard, a distance of 510.17 feet (Called — North 46 deg. 01 min. 08 sec. East, 510.17 feet) to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle point of the herein described tract, and having State Plane Coordinates ofN=17,193,850.69, E=1,346,171.10; (4) THENCE, North 52 deg. 38 min. 48 sec. East, with the northwest line of said Tract 2 and the existing southeast right-of-way line of said Timon Boulevard, a distance of 68.08 feet (Called — North 52 deg. 48 min. 35 sec. East, 68.08 feet) to a 5/8 inch diameter iron rod found for the North corner of the herein described tract, and having State Plane Coordinates of N= 17,193,891.99, E= 1,346,225.21, from which a 5/8 inch diameter iron rod found for reference bears North 47 deg. 10 min. 07 sec. East, a distance of 109.33 feet; (5) THENCE, South 28 deg. 52 min. 23 sec. East, severing said Tract 2, a distance of 293.87 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle point of the herein described tract, and having State Plane Coordinates of N=17,193,634.65, E=1,346,367.11, said iron rod being an angle point in the southeast line of said Tract 2 and the northwest line of Block 387 of said Brooklyn Addition; (6) THENCE, South 00 deg. 21 min. 13 sec. West, with the southeast line of said Tract 2 and the northwest line of said Block 387, a distance of 70.61 feet (Called — South 0 deg. 31 min. West, 70.61 feet) to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle point of the herein described tract, and having State Plane Coordinates of N=17,193,564.04, E=1,346,366.68; (7) THENCE, South 89 deg. 29 min. 13 sec. West, with the common line of said Tract 2 and said Block 387, a distance of 7.14 feet (Called — South 89 deg. 39 min. West, 7.14 feet) to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle point of the herein described tract, and having State Plane Coordinates of N=17,193,563.98, E=1,346,359.54; (8) THENCE, South 31 deg. 18 min. 54 sec. West, (Called — South 31 deg. 28 min. 41 sec. West) with the common line of said Tract 2, said Block 387 and said Block 385, a distance of 370.09 feet to the POINT OF BEGINNING, containing 4.504 acre (196,214 square feet) of land. EXHIBIT "A" County: Nueces Page 3 of 5 Highway: US 181 Dated: August 31, 2018 Project: North Beach Wetlands Revised: Property Description for Tract 2 All bearings and coordinates are based on the Texas Coordinate System, South Zone (4205), NAD 1983 (93). Due to the combined surface adjustment factor of 1.00000 the distances and coordinate values of surface and grid are equal. All distances are based on U.S. Survey Feet. A plat of even date was prepared in conjunction with this property description. This survey was performed on the ground under my supervision during August 2018. envie L. Galvan Registered Professional Land Surveyor License No. 5229, State of Texas CivilCorp, LLC - 4611 E. 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J t0 a STREET �-' oM zz SANDBAR Mo u_ (60' R.O.W. - <* 21 $ <* 22 $ Parcel Closure Report: TRACT2 US 181 HB Wetlands <* 23 $ Start Coordinates, North: 17193247.80 East: 1346167.18 Name: 3 <* 24 $ Line: N 62^ 11' 23" W Dist.: 451.65 <* 25 $ Curve: Cl Rad.: 2958.49 Delta: 1^ 00' 56" rt. Arc: 52.44 <* 26 $ Degree: 1 ^ 56' 12" Tan.: 26.22 Mid Ord.: 0.12 Ext. 0.12 <* 27 $ Chord Bearing: N 45^ 21' 01" E Chord Dist.: 52.44 <* 28 $ Line: N 45^ 51' 21" E Dist.: 510.17 PtNum: 1 <* 29 $ Line: N 52^ 38' 48" E Dist.: 68.08 PtNum: 9 <* 30 $ Line: S 28^ 52' 23" E Dist.: 293.87 PtNum: 8 <* 31 $ Line: S 0^ 21' 13" W Dist.: 70.61 PtNum: 7 <* 32 $ Line: S 89^ 29' 13" W Dist.: 7.14 PtNum: 6 <* 33 $ Line: S 31^ 18' 54" W Dist.: 370.09 <* 34 $ End Coordinates, North: 17193247.80 East: 1346167.19 <* 35 $ Error North: 0.00 Error East: 0.01 <* 36 $ Error Direction: S 73^ 28' 46" W Total Distance Error: 0.01 <* 37 $ Error of Closure: 1/227864.62 <* 38 $ Perimeter: 1824.05 <* 39 $ Area: sq. Feet: 196214 Acres: 4.504 DEDICATION AS A WETLAND PRESERVE AND DEED RESTRICTION The CITY OF CORPUS CHRISTI (City or Owner) is the owner of certain real property, to wit: (1) 12.24 -acre tract of land (Wetland Preservation Site, Tract #1); and (2) 4.504 -acre tract of land (Wetland Preservation Site, Tract #2), more particularly described and shown in the attached map and metes and bounds description (Exhibits A and B) (collectively referred to herein as the "Property"). The City hereby dedicates the Property as a wetland preserve subject to the conditions of U.S. Army Corps of Engineers (USACE) Section 404/10 Individual Permit Number SWG-2014-00408, and the "Final Mitigation Plan for the US 181 Harbor Bridge Replacement Project filed by Flatiron- Dragados, LLC (Mitigation Plan)." One of the conditions of the USACE permit requires the City, as Owner, to place restrictions on the deed for the Property for the purpose of providing compensation for adverse impacts to waters of the United States. This dedication and instrument is to assure that the Property will be retained and maintained forever predominantly in the natural vegetative and hydrologic condition described in success criteria of said Mitigation Plan. Once success criteria has been met, defined as >60% hydrophytic vegetation, annual monitoring will be discontinued. Activities which may, in the future, be conducted upon the Property, that will affect the vegetative and or the hydrologic conditions outlined in the success criteria of the Mitigation Plan, must be coordinated with and approved by the United States Army Corps of Engineers, Galveston District, Regulatory Branch, prior to beginning the activity. 1) Term These restrictions run with the land in perpetuity and are binding on the Owners and transferees, future owners, heirs, successors, administrators, assigns, lessees or other occupiers and users. Owner is filing this Wetland Preserve Dedication of record with the County Clerk of Nueces County, Texas within 10 days of the date this document is signed and will provide a copy of the recorded instrument to the USACE, Galveston District within 30 days of filing. 2) General Except for the specific activities, as authorized under USACE Section 404/10 Individual Permit Number SWG-2014-00408, the following activities are prohibited on the Property subject to this Dedication: (a) There must be no filling, excavation, mining or alteration of the Property that will affect the success criteria outlined in the Mitigation Plan unless approved in writing in advance by the USACE, Galveston District. (b) This Property must be used in perpetuity for the purposes stated in this Dedication as a wetland preserve under Section 404 of the Clean Water Act (33 U.S.C. 1344). 1 3) Rights of Access and Entry The USACE has the right to enter and go upon the Property to inspect and to take actions, including but not limited to scientific or educational observations and studies, and to collect samples. 4) Enforcement In the event of a breach of the restrictions by the Owner or a third party working with the permission of or under the direction of the Owner, the USACE must be notified immediately. If the USACE becomes aware of a breach of this Agreement, the USACE will notify the Owner of the breach. The Owner will have 30 days after receipt of the notice to take actions that are reasonably calculated to swiftly correct the conditions constituting the breach. If the Owner corrects the conditions constituting the breach in a timely and reasonable manner, no further action is warranted or authorized. If the Owner fails to begin to take the said corrective action within 30 days or fails to complete the necessary corrective action, the USACE may take actions, including legal proceedings, as are necessary to effect the corrective action. Any forbearance on the part of the USACE to exercise its rights in the event of a breach of the restrictions must not be deemed or construed to be a waiver of their rights hereunder in the event of any subsequent failure of the Property owner to comply. Owner CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Corpus Christi, Texas 78469-9277 Valerie H. Gray, P.E. Executive Director of Public Works 2 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2019, by Valerie H. Gray, P.E., Executive Director of Public Works of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas APPROVED AS TO LEGAL FORM, , 2019. FOR THE CITY ATTORNEY Janet Whitehead, Assistant City Attorney CITY LEGAL DEPARTMENT 3 "1.111111EN El Ir AlerN t. 0 0 O a a Project Location CORPUS CHRISTI BAY <O 0 N SCALE: N.T.S. TEXAS A&M UNIVERSITY CORPUS CHRISTI pD FLOUR E 0 O Q' NORTH BEACH WETLANDS MITIGATION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST, TEXAS DEPARTMENT OF ENGINEERING SERVICES gtmei@tvw Udatid I o o 3@Pij UpflapTilp Ed O00 rf 0.1071;4 f ript t, rid Eug �4�►iitrlff try lr„ Qtij podhad R 1@x50 State nquffEtaum Egad Ma 1@kagtoa Q�lo� a 0@op oil Corpus Chr sti Engineering Wetland Dedication For Harbor Bridge Replacement Project (HBRP) City Council Presentation April 16, 2019 Project Location cf4 Corpus Chr sti Engineering TS1II 1w4k ..#40 4.41 ***1 w*Ate w44 TEKASA&M LINIYERSf1Y �CORPVS CHRIST �� E�OSO BRY O� 1 p Project Location CORPUS CHRIST RAY SCALE: N.T.S. 2 Project Vicinity Corpus Chr sti Engineering North Beach Wetlands 4 d 1 NORTH BEACH ECO PARK PLANNING SITE NORTH BEACH PARK 1 BLK1 12.24 ACRES 1772 NORTH BEACH PARK 1 BLK 2 4.50 ACRES TOTAL 16.74 ACRES Wetland Mitigation Harbor Bridge Replacement Project (HBPRP) Corpus Chr'sti Engineering ✓ Texas Department of Transportation (TxDOT) required to conduct environmental mitigation ➢ 2014 - City & TxDOT began coordination for mitigation site locations ➢ 2014 - City committed use of City wetlands located on North Beach ➢ 2014 - Final Environmental Impact Statement (FEIS) > 2016 - Record of Decision (ROD) confirmed mitigation ✓ Flatiron Dragados , LLC (FDLLC) (TxDOT's design builder) developing mitigation plan with the United States Army Corps of Engineers (USACE) through a 404 permit > FDLLC has included future plans for an Eco Park in the permitting portion with USACE > 404 permit requires deed restrictions on property for use to remain wetlands in perpetuity ✓ THIS ITEM: > Dedicating 16.744 acres as wetland preserve > Placing deed restrictions to be held in perpetuity as wetland preserve 4 Corpus Chr sti Engineering Questions? AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 16, 2019 Second Reading Ordinance for the City Council Meeting of April 23, 2019 DATE: TO: Keith Selman, Interim City Manager March 15, 2019 FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Appropriating funds from the State of Texas Law Enforcement Standards and Education (LEOSEI account CAPTION: Ordinance accepting $26,109.20 from State of Texas - Law Enforcement Officer Standards and Education Account; and appropriating $26,109.20 in Police Grants Fund. PURPOSE: Based on the Government Code, Section 415.0845, the State of Texas provides an annual allocation for training of police personnel as well as training equipment. The funds must be appropriated annually when the check is received. BACKGROUND AND FINDINGS: The funds are received from the State as directed by Government Code, Section 415.0845, to make an annual allocation from the Law Enforcement Officer Standards and Education account to qualified law enforcement agencies for expenses related to the continuing education of full-time law enforcement officers and support personnel and any training equipment. The amount of funds received depends on the number of personnel we have as of January 1 of each year. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X 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 $26,109.20 $26,109.20 BALANCE Fund(s): Police Grants Comments: RECOMMENDATION: Staff recommends approving the ordinance and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Award Letter Ordinance TEXAS COMPTROLLER OF PUBLIC ACCOUNTS P.O.Box 13528 • Austin,TX 78711-3528 February 12, 2019 CITY OF CORPUS CHRISTI POLICE DEPARTMENT PO BOX 9016 CORPUS CHRISTI TX 78469-9016 Vendor number: 17460005741-051 A direct deposit was made into your account from the Law Enforcement Officer Standards and Education (LEOSE) account in the amount of $ 26,109.20. This payment must be used as necessary to ensure the continuing education of persons licensed under Chapter 1701, Occupations Code, or to provide necessary training, as determined by the agency head, to full-time, fully paid law enforcement support personnel in your agency. Your agency must maintain a complete and detailed record of all money received and spent. All money received is subject to audit by the Comptroller of Public Accounts and all money spent is subject to audit by the State Auditor. The Comptroller is directed by the Occupations Code, Section 1701.157 to make an annual allocation from the LEOSE account to qualified law enforcement agencies for expenses related to the continuing education of persons licensed under Chapter 1701, Occupations Code. Of the account, 20 percent is allocated equally among the qualified agencies. The remaining 80 percent is allocated on the basis of the number of eligible law enforcement positions each agency had as of January 1 of the preceding calendar year. An eligible law enforcement position is defined as one held by a person licensed under Chapter 1701, Occupations Code, who works as a peace officer, licensed jailer or telecommunicator on the average of at least 32 hours a week, is compensated by a political subdivision of the state at the minimum wage rate or higher, and is entitled to all employee benefits offered to a peace officer. To receive your agency's share of the LEOSE account in 2020, you must complete and return the enclosed Law Enforcement Officer Standards and Education Account 2020 Allocation Basis form to us no later than October 31, 2019. The information provided in this report must be accurate and returned timely to our office to ensure the correct allocation of the LEOSE account. Please call us at 800-531-5441, ext. 3-4530, or 512-463-4530 if you have any questions or if we can be of assistance. Enclosures Form 40-305 (Rev.1-19/7) Ordinance accepting $26,109.20 from State of Texas - Law Enforcement Officer Standards and Education Account; and appropriating $26,109.20 in Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept funds from the State of Texas- Law Enforcement Officer Standards and Education Account in the amount of $26,109.20. SECTION 2. That $26,109.20 is appropriated in the No. 1074 Police Grants Fund for training of police personnel and purchase of training equipment. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 4/16/2019 Second Reading Ordinance for the City Council Meeting of 4/23/2019 DATE: April 9, 2019 TO: Keith Selman, Interim City Manager FROM: Daniel McGinn, AICP, Director of Planning & Environmental DanielMc@cctexas.com (361) 826-7011 Cession agreement to cede extraterritorial jurisdiction of certain areas to the City of Portland CAPTION: Ordinance providing for the cession by the City of Corpus Christi to the City of Portland of all annexation rights and police powers over and in certain tracts of land, by mutual agreement; and providing for publication. PURPOSE: The purpose of this item is to enter into a cession agreement with the City of Portland to give up extraterritorial jurisdiction, which will allow the City of Portland the legal ability to annex land or regulate land development in certain areas. BACKGROUND AND FINDINGS: The extraterritorial jurisdiction (ETJ) of the City of Corpus Christi abuts the City of Portland's city limits and ETJ. As a city with a population between 5,000 and 25,000, the City of Portland is authorized by State law to have an ETJ within one mile of its city limits. As a city with a population over 100,000, the City of Corpus Christi is authorized to have an ETJ within five miles of its city limits but excluding areas within other cities' limits or other cities' ETJs. ETJs expand as city limits expand. Over the last 40 years, the City of Corpus Christi has given the City of Portland room to grow by ceding Corpus Christi's ETJ to Portland in certain areas. Today, the City of Portland is seeking to grow west within Corpus Christi's five -mile ETJ. In consideration for services provided by the City of Portland, the proposed cession agreement reduces the boundaries of Corpus Christi's ETJ so that Portland can annex areas in the Corpus Christi ETJ. No other cities have jurisdiction or legal interest in these areas. In the proposed 15 -year agreement: • Portland will continue to provide water and wastewater service to the La Quinta Corridor area regardless of any future annexation actions by Corpus Christi; • Portland agrees not to modify the boundaries of its Certificates of Convenience and Necessity (CCNs), which are the boundaries approved by the Public Utility Commission of Texas within which Portland has the exclusive right to provide retail water and wastewater service; • Portland agrees to allow Corpus Christi to connect to Portland's water mains; • Corpus Christi is allowed to resell water and non -industrial wastewater services obtained from the City of Portland to areas outside Portland's city limits. • Corpus Christi will pay the City of Portland standard out -of -city -limits rates for these utilities; • Portland may enter into an agreement to provide law enforcement, non -industrial fire suppression, and emergency medical services as may be needed in the areas proposed as part of Corpus Christi's 1,500 -acre "La Quinta Corridor Annexation Area"; • The ceded ETJ will revert to the City of Corpus Christi if the City of Portland does not annex this land within 15 years; • Corpus Christi agrees to concurrent jurisdiction of 122 acres north of Portland; • Corpus Christi agrees to cede 66.3 acres southeast of Portland, and 1 mile from the western boundary of Portland's city limits; • Corpus Christi cedes a rolling ETJ to Portland along the western boundary of Portland, limited to a defined area; and • Corpus Christi does not cede any water area or underlying land with the boundaries of Corpus Christi Bay and the Gulf of Mexico. The following provides a detailed history on the cession agreements with the City of Portland over the last 40 years. • On August 23, 1963, the City of Corpus Christi and the City of Portland had overlapping jurisdiction. On February 22, 1968, the City of Corpus Christi contracted with the City of Portland to cede all such areas of overlapping jurisdiction as they existed in 1963 for a period of ten years. During this 10 -year period, the City of Portland annexed most of its one -mile area of overlapping jurisdiction. • On May 25, 1982, the City of Corpus Christi again contracted with the City of Portland to cede additional areas of overlapping jurisdiction within one mile of the then existing and presently existing city limits of the City of Portland in an area lying generally north of the City of Portland. • On August 2, 1983, the City of Corpus Christi contracted with the City of Portland to cede additional areas of overlapping jurisdiction within one mile of the then existing and presently existing city limits of the City of Portland an area lying generally northeast of U.S. Highway 181. • On October 24, 1995, the City of Corpus Christi and the City of Portland renewed the August 2, 1983 agreement for another 10 -year period, with slight changes to the boundaries in areas where Portland had already expanded. The contract was renewed a third time on October 11, 2005, for another 10 -year period. ALTERNATIVES: Council may choose not to approve the agreement. OTHER CONSIDERATIONS: The proposed cession agreement does not negatively impact the City of Corpus Christi's proposed annexations. CONFORMITY TO CITY POLICY: The proposed cession agreement is consistent with City policy. Plan CC's Vision Statements identifies that "Our broadly diversified economy provides opportunity for all." EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal City Manager's Office FINANCIAL IMPACT: Oaeratin 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 Comments: None RECOMMENDATION: Staff recommends that City Council approve the proposed cession agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibit A "Cession Agreement" Presentation Ordinance providing for the cession by the City of Corpus Christi to the City of Portland of all annexation rights and police powers over and in certain tracts of land, by mutual agreement; and providing for publication. WHEREAS, the City of Portland, a municipal corporation having a population of five thousand or more but less than twenty-five thousand inhabitants, has an extraterritorial jurisdiction consisting of all contiguous unincorporated area, not a part of any other city or the extraterritorial jurisdiction of any other city, within one mile of its corporate limits; WHEREAS, the City of Corpus Christi, a municipal corporation having a population of one hundred thousand or more inhabitants, has an extraterritorial jurisdiction consisting of all contiguous unincorporated area, not a part of any other city or the extraterritorial jurisdiction of any other city, within five miles of its corporate limits; WHEREAS, on August 23, 1963, the area within one mile of the then city limits of the City of Portland and within five miles of the then city limits of the City of Corpus Christi was an area of overlapping jurisdiction between the City of Corpus Christi and the City of Portland; WHEREAS, the City of Corpus Christi, on February 22, 1968, contracted with the City of Portland to cede to the City of Portland for a period of ten years all such areas of overlapping jurisdiction as they existed in 1963; WHEREAS, during such ten-year period, the City of Portland annexed most of its one -mile area of overlapping jurisdiction; WHEREAS, the City of Corpus Christi, on May 25, 1982, contracted with the City of Portland to cede to the City of Portland additional areas of overlapping jurisdiction within one mile of the then existing and presently existing city limits of the City of Portland and not within one-half mile of the City of Gregory and an area lying generally north of the City of Portland, such areas being more particularly described in the contract dated May 25, 1982, reference to which is here made; WHEREAS, the City of Corpus Christi, on August 2, 1983, contracted with the City of Portland to cede to the City of Portland additional areas of overlapping jurisdiction within one mile of the then existing and presently existing city limits of the City of Portland and not within one-half mile of the City of Gregory, an area lying generally northeast of U.S. Highway 181, such area being more particularly described in the contract dated August 2, 1983, reference to which is here made; WHEREAS, the City of Corpus Christi, on October 24, 1995, contracted with the City of Portland to renew the agreement of August 2, 1983, for a ten-year period, the area of ceded control remained the same northeast of U.S. Highway 181 and was only slightly modified to the north and west as annexations took place extending the City of Portland's extraterritorial jurisdiction zone; 1 of 3 WHEREAS, the City of Corpus Christi, on October 11, 2005, contracted with the City of Portland to renew the agreement of October 24, 1995, for a ten-year period; WHEREAS, the City of Portland now desires to annex additional land west from its present city limits and within the five -mile extraterritorial jurisdiction of the City of Corpus Christi; and WHEREAS, in consideration for services provided by the City of Portland, it is the desire of the City of Corpus Christi to reduce the boundaries of its extraterritorial jurisdiction so that said proposed annexation by the City of Portland may be accomplished, there being no other cities having jurisdiction or legal interest for the purpose of establishing the exclusive annexation rights and police powers of the City of Portland and in the said certain tract of land. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is hereby authorized to execute the Cession Agreement marked Exhibit "A", attached hereto, and by this reference incorporated herein and made part hereof for all purposes, for and on behalf of the City of Corpus Christi and City of Portland, all as authorized by Texas Local Government Code §42.022. Said Cession Agreement shall in no way be intended to include any water area or underlying land within the boundaries of Corpus Christi Bay and the Gulf of Mexico. SECTION 2. This ordinance shall be published by caption once in a newspaper of general circulation in the City of Corpus Christi. SECTION 3. All ordinances or parts of ordinances in conflict herewith shall be and are hereby repealed to the extent of conflict herewith. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court to competent jurisdiction, it shall now affect any other section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 2 of 3 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 3 of 3 EXHIBIT A CITY OF PORTLAND - CITY OF CORPUS CHRISTI CESSION AGREEMENT WHEREAS, the City of Corpus Christi, on October 11, 2005, contracted with the City of Portland to cede to the City of Portland areas of overlapping extraterritorial jurisdiction; and where such areas reverted to the City of Corpus Christi if not annexed within 10 years; WHEREAS, with respect to the 122 acres specified in Exhibit A (the "Concurrent ETJ Area"), the effect of the reversion could be interpreted to (1) establish exclusive jurisdiction in the City of Corpus Christi or (2) reestablish overlapping extraterritorial jurisdiction with the City of Corpus Christi and the City of Portland; WHEREAS, aforesaid cities adopt an interpretation of the October 11, 2005 cession agreement that the reversion caused the areas of overlapping jurisdiction to be reverted to their prior status of overlapping extraterritorial jurisdiction; WHEREAS, the City of Corpus Christi desires to annex the Concurrent ETJ Area adjacent to the City of Portland; WHEREAS, it is the desire of the City of Corpus Christi to allow the City of Portland an opportunity to annex the Concurrent ETJ Area, but preserve City of Corpus Christi's right to annex such area if the City of Portland does not annex prior; and WHEREAS, it is the desire of the City of Corpus Christi to grant exclusive extraterritorial jurisdiction in the areas specified as "ETJ Cession Area" in Exhibit B, C, & D to City of Portland. Now, therefore, effective the date of execution of this Agreement: SECTION 1. The City of Corpus Christi hereby grants and conveys to the City of Portland concurrent and non-exclusive annexation rights, privileges, powers, and authority under Tex. Loc. Gov't Code Chapter 42 and 43, and other applicable laws over and in the area described as "Concurrent ETJ Area" in Exhibit A. The City of Corpus Christi and the City of Portland, Texas, shall have concurrent and non-exclusive extraterritorial jurisdiction over the Concurrent ETJ Area. Having concurrent jurisdiction, both the City of Portland and the City of Corpus Christi have the right to annex the Concurrent ETJ Area described in Exhibit A. Having concurrent jurisdiction, both the City of Portland and the City of Corpus Christi may both enter into Development Agreements with owners of property within the area pursuant to Texas Local Government Code §43.016 and §212.172. SECTION 2. The City of Corpus Christi hereby grants and conveys to the City of Portland sole and exclusive annexation rights, privileges, powers, and authority under EXHIBIT A Tex. Loc. Gov't Code Chapters 42 and 43, and other applicable laws over and in the areas described as "ETJ Cession Area" in Exhibit B, C, & D. SECTION 3. After the City of Corpus Christi completes annexation of the La Quinta corridor, as depicted in Exhibit F, the City of Corpus Christi agrees that the City of Corpus Christi automatically cedes additional, rolling areas of ETJ to the City of Portland within the area identified as "Area A.1" in Exhibit E. Said rolling areas will automatically extend into the "Area A.1" in Exhibit E one mile from Portland's City limits as those city limits expand. In no event will the rolling ETJ area extend beyond the area depicted as Area A.1 in Exhibit E. Upon termination of this agreement, the right to annex the rolling ETJ areas will terminate and the areas not annexed will revert to the City of Corpus Christi ETJ area. SECTION 4. The City of Corpus Christi reserves unto itself complete extraterritorial jurisdiction of any and all areas within five miles of the City of Corpus Christi, except those areas that have been previously ceded to municipalities within such five -mile area and the area ceded herein. SECTION 5. All understandings, bargains, and agreements of the parties hereto are merged in this agreement and all prior agreements the parties thereto, relative to the subject matter hereof, are superseded by this Agreement. SECTION 6. If any section, paragraph, sentence, clause, phrase, or word of this Agreement shall for any reason be finally adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such final judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the section, paragraph, sentence, clause, phrase,or worked thereof so found unconstitutional or invalid. SECTION 7. The City of Corpus Christi does not intend to interfere with the City of Portland's water or sewer certificate of convenience and necessity (CCN) or service to areas in the La Quinta Corridor. The City of Portland's existing water and sewer service to areas in the La Quinta Corridor will remain in effect regardless of annexation action by the City of Corpus Christi. The City of Portland agrees not to withdraw its water or sewer CCN from the La Quinta Corridor. Subject to the limitations and requirements of the Texas Public Utilities Commission and the Texas Commission on Environmental Quality, the City of Portland understands that the City of Corpus Christi may purchase water from the City of Portland for resale in areas outside the City of Portland's city limits and may obtain non -industrial sewer services to resale said services in areas outside the City of Portland's city limits. The City of Portland agrees to allow the City of Corpus Christi to connect to City of Portland's water mains and make its treated water available to and treat the City of Corpus Christi as favorably as any other treated water customer. The City of Corpus Christi may resell this water to areas outside the City of Portland's city limits. The City of Corpus Christi may further obtain non -industrial sewer service from the City of Portland EXHIBIT A on the same basis as any other customer and resell such sewer service to customers outside the City of Portland's city limits. The City of Corpus Christi will pay the City of Portland's standard out -of -city -limit rates for either water or sewer service. For purposes of this paragraph, "non -industrial sewer services" are sewer services receiving "domestic sewage" pursuant to Section 23-171 of the City of Portland City Code. SECTION 8. If requested by the City of Corpus Christi, the City of Portland will provide law enforcement, non -industrial fire suppression, and EMS services as may be needed for areas annexed by the City of Corpus Christi north of the Corpus Christi Bay within the areas described in Exhibit F. The City of Portland will agree to enter into an Interlocal Cooperation Agreement(s) and/or mutual aid agreement(s) with the City of Corpus Christi for the provision of these services. SECTION 9. From and after the date this agreement is approved and adopted by the Governing Bodies of the cities which are parties hereto, and for a period of 15 years thereafter, the City of Portland, Texas, shall have concurrent and non-exclusive extraterritorial jurisdiction over the land area described as "Concurrent ETJ Area" in Exhibit A and exclusive extraterritorial jurisdiction over the land area as described as "ETJ Cession Area" in Exhibit B, C, & D. Said land may be annexed by the City of Portland within such 15 year period; provided however, that in the event said land or portion thereof remains outside the corporate boundary of the City of Portland at the expiration of such fifteen (15) year period, the extraterritorial jurisdiction over said land or portion thereof shall revert to the City of Corpus Christi. SECTION 10. Failure to comply with Sections 7 and/or 8 shall entitle the City of Corpus Christi to declare this agreement in default. After at least 30 days' notice of default, the City of Corpus Christi may terminate this agreement early. Upon early termination, all areas of ceded ETJ not annexed as of the date of termination shall revert to the City of Corpus Christi. SECTION 11. The City of Corpus Christi is in the process of annexing the La Quinta Corridor as depicted in Exhibit F. Services provided by the City of Portland to the City of Corpus Christi and the La Quinta Corridor are the consideration for the cessions described herein. If the City of Corpus Christi is prohibited by State action/legislation from completing the annexation of the La Quinta Corridor, then this agreement automatically terminates at the time such prohibition becomes effective. (remainder page left blank, signature page to follow) EXHIBIT A EXECUTED in duplicate originals this day of , 2019. CITY OF CORPUS CHRISTI CITY OF PORTLAND Samuel Keith Selman Interim City Manager Randy Wright City Manager ATTEST: ATTEST: Rebecca Huerta City Secretary Annette Hall City Secretary APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: Buck Brice Assistant City Attorney For City Attorney Hal George City Attorney EXHIBIT A EXHIBIT A NOTES: 1. THIS DOCUMENT WAS PREPARED UNDER 22 TAC §663.21 DOES NOT REFLECT THE RESULTS OF AH OH THE GROUND SURVEY AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. 11 BARTON & ASSOCIATES NI LAND SURVEYING nm. tapir. IRE arm mwm.SH senrn�gl� I DOW4- SwnMslwc 104. 4 nia. na4071 CITY OF PORTLAND, TEXAS PROPOSED ANNEXATION 1600 0 1000 2000 3000 4000 5000 6000 SCALE: 1" = 2000 FEET 122 Acres = Concurrent ETJ Area Completion Dc:r: 7/26/18 Fae u OOiNDARY.DWG Score: 1"=200' Survoyae Ly: Drown by: AF Cneckee ey: CB • Patricio County Appraisal District GIS Data files (08/07/2018) EXHIBIT B Print Date: 4/05/2019 Legal Acreage = 66.3 0 900 1,800 3,600 Feet ay L5 cy • CO ir JIM IT1Y852 City of Corpus Christi Print Date: 4/04/2019 0 3,050 6,100 12,200 Feet EXHIBIT A EXHIBIT D ETJ Cession Area (only "Area A.2") EXHIBIT A EXHIBIT E Area A.1= Area subject to automatic extending ETJ cession City of Corpus Christi Print Date: 3/19/2019 NN 0 1,450 2,900 5,800 I I Feet Cession Agreement with the City of Portland Cession of Extraterritorial Jurisdiction Council Presentation April 16, 2019 Proposed Areas of Concurrent ETJ Areas to Cede Exclusive ETJ to Portland Area Limited to Portland's Rolling ETJ Consideration for Cession • Portland will continue to provide water and wastewater service to the La Quinta Corridor area. • Corpus Christi is allowed to resell water and non- industrial wastewater services obtained from the City of Portland to areas outside Portland's city limits. Corpus Christi will pay the City of Portland standard out -of - city -limits rates for these utilities. • Upon request, Portland will provide law enforcement, non -industrial fire suppression, and emergency medical services as may be needed in the areas proposed as part of Corpus Christi's 1,500 -acre "La Quinta Corridor Annexation Area" Corpus Christi's Proposed La Quinta Corridor Annexation Area g _ r La Quinta Corridor r J Annexation Area 0 City Limits L__ ; ETJ Parcel Lines 6 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 1401 North Alameda Street (3/4 Vote Required) CAPTION: 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. PURPOSE: The purpose of this item is to allow for the construction of a laydown yard. RECOMMENDATION: 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 Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 ALTERNATIVES: 1. Approve the request (3/4 Vote Required). OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Downtown Area Development Plan and is planned for high density residential uses. The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). 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 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0219-02 HCS 311, LLC: Ordinance rezoning property at or near 1401 North Alameda Street from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of HCS 311, 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 denial of the change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial 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 HCS 311, 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 4.1573 acres, more or less, being out of Block C, Colonia Mexicana and Lots 5 and 6, Block Southwest 1/4 C, Colonia Mexicana, located on the east side of Sam Rankin Street, west of South Alameda Street, and north of Interstate 37 (the "Property"), from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District (Zoning Map No. 046045), 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\0219-02 HCS 311, LLC (Clower)\Council Documents\Ordinance_0219-02 HCS 311, 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 METES & BOUNDS - NORTHSIDE MANOR Being a tract of land contaming 4 1 c'; acres. more or :e: s. being out of Bock C. C o:oraa 2*.iexncana of Corpus Christi. Nueces County. Texas. and more particularly described by meter and bound: as follows: BEGINNING ata 5'S inch rod set for than most nort±er:v corner of Block C. beiz:g the intersection of the southwe bounc:ar}• of North Broadway (now known as West Broadway Street) and the southeast boundary of Sam Karim Street as shown by Map of Colonia Mexicana recorded in Volume 2. Pare 17. of the _Map Records of Nueces County. Texas. said POINT OF BEGINNING bemr the most northerly corner of the tract herein described. THENCE South 53° 00' 00' Eat. with the Southwest boundary of North Broadway Street 280.00 feet to a 51 inch iron rod set for a comer. said point being the intersection of the Southwest boundary of West Broadway and the Northwest boundary of North Alameda Street. THENCE South 37° 00' 00- West with the Northwest boundary of North Alameda Street 441.4 feet to a 5,'S mch iron rod set to a comer: THENCE North 53° 00' 00" West. a distance of 62.5 feet to a 5 S inch u -on rod set for a comer THENCE South 37° 00' 00" West. a distance of 100.0 feet to a 5 S inch uon rod set for a corner: THENCE South 53° 00' 00•' East_ a distance of 62.5 feet to a 5'3 inch urn rod set fora corner. said point being the Northwest bo mthr • of North Alamo Street-. THENCE South 37° 00' 00•' West. with the Northwest boundary of North Alameda. Street. a distance of 150.0 feet to a 5'3 inch iron rod set for a corner. ;aid point berme the intersection of the Northwest boundary of North Alameda Street and the Northeast boundary of Ch i nto Street. THENCE North 53° 00' 00•' West. with the Northwest boundary of Chrpito Street a distance of 280.0 feet to a 5.'8 inch iron rod set for a corner. said point beim the intersection of the Northeast boundary of Chiptto Street and the Southeast boundary of Sam R nkm Street: THENCE North 37° 00' 00- East_ with the Southeast boundary of Sam Raniin Street a distance of 150.0 feet to a 1 inch iron pipe found for a corner: THENCE North 37° 00' 00- East. with the Southeast boundary of Sam Raclin Street a distance of 150.0 feet to a 1 inch iron pipe found for a corner: THENCE South 53° 00' 00•' Eaa a distance of 6_.5 feet to a 51 inch iron rod set fora comer: THENCE North 37° 00' 00" East, a distance of 100.0 feet to a 51 inch iron rod set for a corner. THENCE North 53° 00' 00- West. a distance of 62.5 feet to a 3'4 inch urn pipe found for a comer. said point of being in the Southeast boundary of Sam Rankin Street: THENCE North 37° 00' 00•• Eaa with the Southeast boundary of Sam Rarl ir. Street. a distance of 441.4 feet to the PUCE OF BEGINNING. containing 4 1 `,3 acres. more or less. Page 4 of 5 Exhibit B J L __J L --J L --J L --J [::] [::] L__J r--1 L --J r- L__J \� / V =Eli L --J C --J Ear .ouawrrr sa.a 4 ff N KJ 4� sP 5I Sr w1.arr.•w 0.1 0.001. Ammo a..• 1 NEW LAYDOWN YARD Page 5 of 5 Case No. 0219-02 HCS 311, LLC: Ordinance rezoning property at or near 1401 North Alameda Street from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of HCS 311, 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 denial of the change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial 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 0219-02 HCS 311, 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 4.1573 acres, more or less, being out of Block C, Colonia Mexicana and Lots 5 and 6, Block Southwest 1/4 C, Colonia Mexicana, located on the east side of Sam Rankin Street, west of South Alameda Street, and north of Interstate 37 (the "Property"), from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit (Zoning Map No. 046045), as shown in Exhibits "A" and "B". Exhibit "A", which is a map of the Property, and Exhibit "B", which is an illustrative rendering, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only principal use authorized by this Special Permit other than uses permitted by right in the base zoning district is a "Truck or transfer terminal" as described in Section 5.1.5.B. " Warehouse and Freight Movement" of the Unified Development Code (UDC). The only accessory uses allowed are an associated office and an outdoor storage yard. Materials being stored shall be limited to steel pipe. 2. Hours of Operation: The hours of operation shall be Monday through Saturday from 7:00 AM to 6:00 PM and 2:00 PM to 6:00 PM on Sunday. 3. Buffer Yard: A Type D Buffer Yard as defined by Section 7.9.5.A of the Unified Development Code (UDC) shall be required where the subject property shares a property line with a residential zoning district and/or residential use. 4. Dumpsters: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 5. Nuisance: The use is prohibited from creating any hazard or nuisance such as, noise, smoke, vibration, dust, and/or odors. 6. Dust: Any dust generated by the operation of the outdoor storage use must be mitigated. Examples of mitigation are by application of a hardscape, by watering, or by use of a soil stabilizer/epoxy. 7. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 8. Access: No commercial truck traffic south of Chipito Street. Driveway access to or from Chipito Street is prohibited. No exiting of commercial truck traffic to the south onto Sam Rankin Street or south onto North Alameda Street from the subject property. 9. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting fixtures. No light projection is permitted beyond the property line near all public roadways and residential development. 10. Landscaping: Landscaping shall be installed in accordance with the requirements of Section 7.3.11.A of the Unified Development Code (UDC). 11. Screening: The subject property must completely screened by a screening fence as defined in Section 1.11 of the UDC from view of the public right-of-way and adjacent non -industrial uses. 12.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 13.Time Limit: This Special Permit shall expire 36 months from date of approval. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@780E90EA\@BCL@780E90EA.docx Page 2 of 6 City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@780E90EA\@BCL@780E90EA.docx Page 3 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@780E90EA\@BCL@780E90EA.docx Page 4 of 6 Exhibit A FRANKST 9/14.,2018 PrAba.TO 6 YL'k Lepar-.�I:e'er 2( keV opn552r Simms CASE: 1018-01 SUBJECT PROPERTY WITH ZONING 771 /,I scer Property 141-1 11Prranly 1 P M -2 NVMramly2 P M -2 Mlllfarlly3 an PrikIIkna1011oi PM -AT MIIlWamly AT C11-1 INIC hhor hood _ornmercYI CN -2 14.10t0rb,sa = a-Sne RLI CR -1 Pe roil corn.-�•-:: CR -Y Senn. CI }:en1.e ennamlal CBC Wwnlown Ccmmarclal CR -2 Rerarl Ccmmimlal FR Fam Ru rY R Ir.I orb Cwllay Bu .Mia l Park L ug5i1n01niIY 1 Wavy MCI. LMY POD P1a5,ad 11161 D x0viiYy Rs -10 RS -0 ! ,; :• -rally 8 Rt -TF ,D..• Ri.1s :. - RE Re[ ::-::=....:- RS-Th TVs 1P l5.: . _.. ti4 wV Ckyof C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@780E90EA\@BCL@780E90EA.docx Page 5 of 6 4 Exhibit B C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@780E90EA\@BCL@780E90EA.docx Page 6 of 6 PLANNING COMMISSION FINAL REPORT Case No. 0219-02 INFOR No. 18ZN1024 Planning Commission Hearing Date: February 20, 2019 Applicant & Legal Description Owner: HCS 311, LLC. Applicant: The Clower Company Location Address: 1401 North Alameda Street Legal Description: 4.1573 acres, more or less, being out of Block C, Colonia Mexicana and Lots 5 and 6, Block Southwest 1/4 C, Colonia Mexicana, located on the east side of Sam Rankin Street, west of South Alameda Street, and north of Interstate 37. Zoning Request From: "RM -1" Multifamily 1 District To: "IL" Light Industrial District Area: 4.23 acres Purpose of Request: To allow for the construction of a laydown yard. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 Vacant High Density Residential North "IH" Heavy Industrial Heavy Industrial and Public/Semi-Public Commercial and Light Industrial South "RM -1" Multifamily 1 and Cl"Intensive Commercial Commercial and Vacant High Density Residential East "RM -1" Multifamily 1, "RM -2" Multifamily 2 and "Cl" Intensive Commercial Vacant and Low Density Residential High Density Residential West "RM -1" Multifamily 1, "RM -AT" Multifamily AT and "CN -1" Neighborhood Commercial Vacant High Density Residential and Permanent Open Space ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Downtown Area Development Plan and is planned for high density residential uses. The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). Map No.: 046045 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 280 feet of frontage along Lipes Boulevard, which is designated as a "01" Minor Collector Street, approximately 583 feet of frontage along Sam Rankin Street, which is designated as a Local / Residential Street, approximately 583 feet of frontage along North Alameda Street, which is designated as a Local / Residential Street, and approximately 280 feet of frontage along Chipito Street, which is designated as a Local / Residential 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 R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume North Alameda Street Local/ResidentialN/A 50' ROW 28' Paved 60' ROW 40' Paved West BroadwayCollector Street "C1" Minor 60' ROW 40' Paved 60' ROW 40' Paved N/A Sam Rankin Street Local/Residential 50' ROW 28' Paved 60' ROW 40' Paved N/A Chipito Street Local/Residential 50' ROW 28' Paved 40' ROW 30' Paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District to allow for the construction of a laydown yard. Development Plan: The subject property is 4.23 acres in size. The owner is proposing the construction of a laydown yard. Existing Land Uses & Zoning: The subject property is currently zoned "RM -1" Multifamily 1 District and consists of vacant land which was formerly a multifamily apartment complex. The subject property was zoned "RM -1" Multifamily 1 District in the early 1970s. The former apartment complex (Northside Manor) was demolished in 2016. The subject property was part of the original founding of the City in 1852. On the same block as the subject property is an existing single-family residence that is currently occupied. To the north across West Broadway Street is the Union Pacific Rail line and a City Wastewater Treatment Plant (Broadway). To the south are single-family homes zoned "RM -1" Multifamily 1 District and "Cl" Intensive Commercial District. To the east is a single-family residence zoned "RM -1" Multifamily 1 District. Across North Alameda Street are vacant properties and an abandoned single-family home and commercial building zoned "RM -1" Multifamily 1 District, "RM -2" Multifamily 2 District, and "Cl" Intensive Commercial District. To the west are vacant tracts zoned "RM -1" Multifamily 1, "RM -AT" Multifamily AT, and "CN -1" Neighborhood Commercial. Staff Report Page 3 AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12 -inch ACP line located along Sam Rankin Street, a 6 -inch ACP line along Chipito Street, a 6 -inch ACP line along North Alameda Street, and an 8 - inch CIP line along West Broadway Street. Wastewater: 6 -inch VCP line located along Sam Rankin Street, a 6 -inch VCP line along Chipito Street, a 6 -inch VCP line along North Alameda Street, and an 21 -inch VCP line along West Broadway Street. Gas: 2 -inch line located along Sam Rankin Street, a 2 -inch line along Chipito Street, a 1 -inch line along North Alameda Street, and a 2 -inch line along West Broadway Street. Storm Water: 24 -inch line located along Sam Rankin Street. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Downtown Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). Specifically, the rezoning is inconsistent with the following policies: • Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. (Housing and Neighborhoods Policy Statement 7) • Support preservation and reuse of historically significant buildings, areas, and sites. (Housing and Neighborhoods Policy Statement 7) • Encourage the protection and enhancement of residential neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • 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) • Promote residential and mixed-use development downtown. (Future Land Use, Zoning, and Urban Design Policy Statement 2) • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Promote interconnected neighborhoods with appropriate transitions between lower - intensity and higher -intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Support the separation of high-volume traffic from residential areas or other noise - sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • The former Northside Manor property has been closed following relocation of its affordable housing units to the Palms at Leopard, and the property is up for sale. Depending on the purchaser, this too might provide possibilities for new workforce Staff Report Page 4 housing in a band of development near Staples Street. (Downtown Area Development Plan: Washington -Coles) Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC). • The proposed rezoning is incompatible with neighboring properties and with the general character of the surrounding area. The proposed "IL" Light Industrial District constitutes a dramatic increase in the intensity of land uses that is surrounded multifamily zoning districts. The only industrially zoned properties in the Washington - Coles neighborhood are located north of the subject property and across West Broadway Street. The uses are comprised of the Broadway Wastewater Treatment Plant, Union Pacific Railroad, and Concrete Street Amphitheater. • This proposed rezoning does have a negative impact upon the surrounding neighborhood. A Tight industrial use next to multifamily zoned properties and existing single-family homes to the east and south will potentially subject additional residential homes to hazards such as: noise, smoke, vibration, dust, and odors. At the time of application no additional information has been provided concerning the types of materials to be stored, hours of operation, or levels of potential noise. • Granting this rezoning to the "IL" Light Industrial District encourages future rezoning cases. The Downtown Area Development Plan (ADP) and Future Land Use Map clearly identify the Washington -Coles neighborhood for residential and small commercial redevelopment. Additionally, the subject property is located to the east and outside of the buyout area affiliated with the new Harbor Bridge project. • The subject property is isolated with no possible connectivity for heaver truck traffic. West Broadway Street as a "01" Minor Collector Street is the only street connecting North Port Avenue and State Highway 181 to the subject property. The proposed change of zoning would encourage cut -through heavy truck traffic down Sam Rankin Street or North Alameda Street. Both of these streets are designated as local / residential streets and were not designed to handle the heavy weight of semi -trucks plus the additional weight of the cargo being transported to and from the subject property. Further taking into account the new Harbor Bridge project that will only further encourage truck traffic to route south through either Sam Rankin Street or North Alameda Street to reach the Interstate 37 frontage road. • Lastly, as mentioned earlier in this report, there are two properties within the block of the subject property that are not part of this proposed rezoning. These properties would remain zoned "RM -1" Multifamily 1 District. One of these remaining properties is an occupied single-family home. Meaning, if the change of zoning were to occur, these properties would be surrounded by the industrial use and exposed to all of the aforementioned hazards of lights, dust, smoke, vibrations, odors, and noise. However, the industrial use would be required to install the zoning district buffer yard of 20 -feet and 20 points, as well as a 40 -foot setback if a building was to be constructed on-site. 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. Staff Report Page 5 Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Public Notification Number of Notices Mailed — 57 within 200 -foot notification area 137 outside notification area As of February 15, 2019: In Favor — 2 inside notification area — 1 outside notification area In Opposition — 13 inside notification area — 2 outside notification area Totaling 13.52% 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\0219-02 HCS 311, LLC\Council Documents\CC Report_0219-02 HCS 311 LLC.docx Staff Report Page 6 FRANKS, Ce Crag gid: 9414/2115 LBya^.I: &!: [ of DOL.JOp[R911. S'dNK9.5 CASE: 1018-01 ZONING & NOTICE AREA Ra1.1 XVAY1m Ip 1 IW -Y Xullllml� Y FII -E 1.11Mf nlly E ON Pr.Mcclony CRroe m1 -Ar rurrmrlb Ar Cr -1 Neyhhorhead Cemmerolll Cr -Y IMlph hor hood Comm. rob CR -1 Re w A Commercial CR -2 Recoil Commercial CB -1 General Cnmm• ra ni Ch -Y Omer.. Comm. Mal CI 1nbn Yv. Comm. Mal CBC M.N.. Commercial CR -E Reoll Commercial FR Fam Rory X Irclerlo 0 M 8P Bu cm.c c para. IL 11$Ii I100ilal 111 IMM ■au lhly pyo Rained yyl Ce1c Overlay RE -10 angle-F1m• 1• Ri! atiul•-Fm1ry RE4_R amyl•-Fmlb 4, RE -r= Two -Fames RE -1d 15 sl)BJEC T PRO PERT ,W.9 n`.`. �1re• craLAV CRyof April 8, 2019 Staff Report Page 7 ST. PAUL UNITED METHODIST CHURCH 1202 SAM RANKIN CORPUS CHRISTI, TEXAS 78401 REV. NANCY FOLEY, PASTOR CHURCH: (361)884-7056 FAX: (361)884-7868 CELL: (361)945.4550 EMAII.: stpaulumc1202@att-ne1 Mayor foe McComb and City Council Members City of Corpus Christi 1202 Leopard Street Corpus Christi, TX 78401 Dear Mayor and City Council, I am the pastor of St. Paul UMC and I am writing because. due to a prior engagement I was unable to attend the Corpus Christi City Council Meeting on March 26, 2019. However, I watched the entire discussion of Item No. 45: Case No. 0219-02 HCS311.11, LLC. online and I was profoundly saddened and disappointed with the entire tone of the discussion. I moved here almost 2 years ago. and 1 have been impressed with the vision of hope for the New Washington -Coles Neighborhood that has been circulating among the members of St- Paul, the residents of the community, the Harbor Bridge Community Advisory Board, the Citizens Alliance fur Fairness and Progress, as well as fellow cicrgypersons. At no point. did anyone ever express a concern for the restoration of HUD Housing in this neighborhood until 1 attended the February 20'^ Planning Commission Meeting - and only then by the owner and the developer. I was personally offended and Insulted at the suggestion that HUD funding is the only path to viability for this historic neighborhood. This November St. Paul will celebrate 135 years - all of which have been in the Washington -Coles Neighborhood. When given the choice to leave, we choose to stay, fully understanding that our neighborhood would be in transition. What the Washington -Coles Neighborhood will look like in the future is yet to be determined - we know without a doubt that God is calling us to he a part of this new thing. As directed, I attended and participated In the meeting with the applicant. Tex -Isle, the major neighborhood stakeholders and the planning stall on April 4°" to draft a Special Permit In addition, I visited the Tex -Isle site in Robstown as suggested by Mr. Andy Melia. I would like to make the following suggestions to the Corpus Christi City Council, and I think they would he helpful to ensuring fairness, re-establishing trust, maintaining integrity and respecting minority voices. • Consider all the facts pertinent to the redevelopment of the Washington -Coles Neighborhood including the Adopted Comprehensive Pian, the Downtown Area Development Plan, and the Harbor Bridge Community Advisory Board's Livability Plan • Note that only a small part of Washington -Coles is in the Voluntary Real Estate Acquisition & Relocation Program (from Port Avenue to Winnebago Street - there Is a map and legend attached to the email). Mr. Robert Oropeza. Community Coordinator for DRA is willing to confirm these boundaries: 361-232-5083 office; 863-271-3068 mobile, rohertoropezadra@gmad.com. • Any members of the City Council and or their families who own property from 1H37 to the Port of Corpus Christi should recuse themselves. • A retraction of the statement by Mayor McComb that `anyone who thinks this area will ever be residential again must be smoking something." 1 felt that it was inappropriate and beneath the office of Mayor. To secure the future of our neighborhood, I humbly ask the CC City Council to please deny both the "1L" Light Industrial Rezoning Request and the Special Permit. I believe that allowing the Laydown Pipe Yard is like putting a tombstone on the Washington -Coles Neighborhood while It is still alive - potentially sentencing It to death by denying It the opportunity to be revitalized. This is clearly incompatible with the vision of hope that exists for the New Washington- Coles Neighborhood. Thank you In advance for listening to my concerns and for your faithful service to the City of Corpus Christi. Sincerely, r\� Pastor Nancy Foley Staff Report Page 8 Andrew Dimas [Dev5vcs] From: Barry Wolfson <barrywolfson2003:ayahoo.corn Sent: Wednesday, February 20, 2019 1121 AM To: Andrew Dimas [DevSvcs]; Rosalyn Wolfson Subject: Final Version in Opposition • February 19, 2019 Mr. Andrew Dimas, Project Manager City of Corpus Christi, TX Dear Andrew, Please note that a prior business commitment precludes me from attending the important February 20, 2019 City Planning Commission Public Hearing pertaining to Rezoning Case Number 2019-02. I'm the managing principal for Block Realty, LLP and the managing principal for The Estate of Sadie Orshanski, LLP. I'm a consultant with Wolfson and Wolfson, LLP. The three ( 3 ) companies combine to own twenty-one ( 21 ) assets in the historic, Washington -Coles district ( herein referred to as W.C. ) Nueces County deed records indicate that Block, LLP and Orshanski, LLP first invested in W.C. in 1926. Block and Orshanski sold sixteen ( 16) parcels and twenty-six plus ( 26 + ) single family homes to the major Houston-based developer, Markman Brother's Investments, in 2015. The aforementioned entities combine to form the second largest ownership entity in the Washington and in the Coles between 1926 and 2019. The City of Corpus Christi is the largest land owner. Staff Report Page 9 I ( We ) vehemently oppose any and all attempts to rezone W.C. as Light Industrial. I ( We ) vehemently oppose any and all attempts to issue a special use permit in W.C. for Light Industrial. I'm also a real estate representative for the Harbor Bridge Technical Committee. The Harbor Bridge Committee is also is opposed to any such change in designation. I've served on several committees focused on the betterment of, and on the future redevelopment of, the the eighty-two ( 82 ) acre W.C.'s tract. I teamed with numerous city government commissioned committees between 1998 and 2019. The Northside Commons Committee, the Civic -Design Group Consultation and the new Harbor Bridge Technical Committee are examples. I've contributed to, and I'm informed about, the Corpus Christi Central Business District Plan and the proposed Sea District Plan. All of these plans expect Washington and Coles to redevelop as a master planned, mixed use development. The projected highest and hest use in each study includes single family, multi -family and retail properties. Private equity from Prosperity Bank, is available, pending the probable eminent domain acquisitions related to the new bridge construction. HUD assistance is not likely. HCS 311, LLC and The Clower Companies are well established, and are well respected entities. The City of Corpus Christi purportedly gave HCS 311 the land that enabled to the group to develop its terrific project, The Palms. HCS, 311 in exchange agreed to, and demolished, the former problematic Northside Manor Complex. It seems unfair that HCS 311 now wants to replace the former Northside Manor site, with an equally distasteful, light industrial eye -sore. Staff Report Page 10 Thank you for your thoughts and considerations. Sincerely, Barry Wolfson Barry Wolfson 5114 Balcones Woods Suite 307 Austin, TX 78759 Office: 512.257.7905 CeII: 512.689.8153 The CONFIDENTIALITY NOTICE: This email message and its attachments are covered by the Electronic Communications Privacy information contained in this transmission is confidential and intended only for the personal use of the intended recipient(s) named above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any use, disclosure, dissemination, distribution, copying or the taking of any action in reliance on the contents of this communication or other use is strictly prohibited. If you have received this email in error, please immediately notify the sender (only) by reply email or by telephone, (512)257- 7905, and promptly delete/destroy the original and any copies of this message. Unauthorized interception of this email is a violation of federal criminal law. Thank you for your cooperation. IRS CIRCULAR 230 NOTICE: Any federal tax advice contained in this email and any attached document is not intended or written to be and cannot be used or referred to for the purpose of (i) avoiding penalties that may be imposed by the Internal Revenue Service or (ii) promoting, marketing or recommending any partnership or other entity, transaction, investment plan, or other arrangement Staff Report Page 11 Andrew Dimas [DevSvcs] From: Fred Hobbs <.fred txmortgage.com- Sent: Tuesday, February 19, 2019 2:52 PM To: Andrew Dimas [DevSvcs] Cc: barn olfson2003i&yahoo.com Subject: HCS 311 Rezone - Washington -Coles Follow Up Flag: Follow up Flag Status: Flagged Dear Mr. Dimas. represent Markman Brothers Investments Corpus Christi, LLC, a substantial property owner in the Washington -Coles neighborhood in Corpus Christi. It is our understanding that there is a zoning request before the Planning and Zoning commission to re -zone four plus acres of property in the Washington Coles Area to Li. We did not receive any notification that this re -zone request was before the commission. We would like to register our opposition to the proposed change. This re -zone will adversely affect our property values and is not in conformance with the proposed uses for the area under separate master plans. Please do not hesitate to contact me at the number below should you have any questions concerning our opposition to this re -zone request. Sincerely, Fred t(Ob * NMLS #329412 41104 CAPITAL 311 Howard St. San Antonio, TX 78212 Phone: 210-493-5300 Fax: 888-789-4281 www.txmortgare.com Staff Report Page 12 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades 51ue tienen la mtenc on de as stir a esta junta v clue requieren servicios espec'ales, se les $uplica quo den aviso 4Q horas antes de la iunta Ilanlando al departamento de servicios de desarrollo, al numero {36I j 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 dirio rse a la commission durante la junta v su inoles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero 3611 826-3240 al menos 48 horas antes de la junta para solicitar un interpret° ser presente durante la junta. CII Y PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0219-02 HCS 311 LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District, resulting In a change to the Future Land Use Map. The property to be rezoned is described as. 1401 North Alameda Street and being 4.1573 acres, more or Tess, being out of Block C, Colonia Mexicana and Lots 5 and 6, Block Southwest 1.4 C, Colonia Mexicana, located on the east side of Sam Rankin Street, west of South Alameda Street, and north of Interstate 37. 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, 20191 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD. THIS FORM MUST BE FILLED OUT. SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAII FD IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In person, by telephone call or by letter. Printed Nam .11t�r( -' fl ti -T- ‘1= - Address: ( IN FAVOR REASON. 15,1( - L;it- ( ) IN OPPOSITION SEE MAP ON REVERSE SIDE INFOR Case No 18ZN1024 Property Owner ID 10 Signature City.State:C� c,TX 40s-tb '- Phone: d b -L_ I Case No. 1018-01 Project Manager: Andrew Dimas Email: andrewd2@cc1exas-com Staff Report Page 13 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, gue tienen la inlencidn de asistir a esta iunta v aue reQuieren servicios esoeciales, se les suDlica aue den aviso 4(1 horas antes de la junta Hernando al departarnento de servicios de desarrollo, al Humero 011826.3240, 0 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 dinairse a la commission durante la junta v su inales es limitado, favor de hamar al figOartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta oara solicitar vn interorete ser oresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0219-02 HCS 311, LLC. has petitioned the City of Corpus Chris:i to consider a change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Map. 1 he property to be rezoned is described as 1401 North Alameda Street and being 4.1573 acres, more or Tess. being out of Block C. Colonia Mexicana and Lots 5 and 6, Block Southwest 174 C, Colonia Mexicana, located on the east side of Sam Rankin Street. west of South Alameda Street, and north of Interstate 37. 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 P.m., in the Ci:y 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. Tn RF 014 RECORD, THIS FORM MUST BC fILLCD OUT, SIGNED BY THE CURREN I PHUPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI. TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. •,ti r; 15 -� 1316 S. T ,. � , _` Printed Name: 1316 S. STA; --1 • CORPUJ t.i' ! 7;• - Address: CityiState: ( ) IN FAVOR ('IjV OPPOSITION Phone:_ REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 18ZN1024 Property Owner ID: 11 ctrauty Wolfson 349 POENISCH Tit PUS CHRISTI, TX 7f!412 �� 1.11 Signature Case No 1018-01 Project Manager Andrew Dimas Email: andrewd2@cctexas.com Staff Report Page 14 Persons with disabilities planning to attend this meeting, who may require special services. are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, aue tienen la intention de asistir a esta junta v aue reauieren servicios esoeciales. se les suolica aue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present dunng the meeting. SI usted desea diriairse a la commission durante la iunta v su ingles es limitado. lavor de Itamar al Oeoartamento de servicios do desarrollo al numero (361) 826-3240 al Wiens 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CI Y PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0219-02 HCS 311, LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -1' Multifamily 1 District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Map. The property to be rezoned is desctibed as. 1401 North Alameda Street and being 4.1573 acres, more or less, being out of Block C, Colonia Mexicana and Lots 5 and 6, Block Southwest 1.'4 C, Colonia Mexicana, located on the cast side of Sam Rankin Street. west of South Alameda Street, and north of Interstate 37. 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 or 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. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office. or In person, by telephone call or by letter. Printed Name: -517 POLL I (i& Y1; fed Mei-hock-1- c? u - r4 Address: I oC Q oS 56` rn Ran. kir rl City. State:�1 rp k SG e I1 6517, r� R i IN FAVOR ( N `J OPPOSITION Phone: 4' / ~ f ' ` 96'6-4 REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 182N1024 Property Owner ID: 16 Jed eW1,,,,,4Apta,,... / Signet ee�t�b Iu CaTII h " Project Manager: Andrew Dimas Email: andrewd2@cctexas.com Staff Report Page 15 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 mcapacidades. g�.ienen la intencion de asistir a osta junta y clue requieren servrcros especiales, se les supbca clue den aviso 48 IMAs antes de la junta Ila_mando al departamente de serwcios de desarrollo, al numero (3611 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) 8263240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse ala commission durante la iunta v su ingles es lirnitado, favor de Hamar al (separtamento de sery cios de desarrollo al numero i361) 826-3240 al menos 48 horas antes de la junta para solicitar un jnterprete sor presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0219-02 HCS 311, LLC. t rr ; petitioned the City of Corpus Christi to consider a change of zoning from the 'RM -1" Multifamily 1 District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 1401 North Alameda Street and being 4.1573 acres, more or Tess, being out of Block C, Colonia Mexicana and Lots 5 and 6, Block Southwest 1,4 C, Colonia Mexicana, located on the east side of Sam Rankin Street, west of South Alameda Street, and north of Interstate 37. The Planning Commission may recommend to City Council approval or denial, or approval of an intermeojate 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 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. BLOCK REALTY CO. LLP Printed Name: 1315 s STALE; • P. 0. BOX 6f2 Address: CORPUS CHSiSTi, TX 78403 City'State: ( ) IN FAVOR (AN OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 18ZN1024 Property Owner ID: 18 Signal Li' e Phone:_ 349 i' 9ENISC"`` H" CDU C _LL ''Tl X �/ Case No. 1018-01 Project Manager Andrew Dimas Email: andrewd2t cctexas.com Staff Report Page 16 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas Con Incapacidades, que tienen la intention de asistir a esta Junta y que requieren servicios especiales, se les suplica quo den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361 ) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dinglrse a la Commission durante la junta y su ingies es limitad0, Savor de hamar al departarnento de servicios de desarrollo al numero (3611 826-3240 al menos 48 horas antes de la iunta para sol citar un Interprete ser presente durante la turlta. CII Y PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0219-02 HCS 311. LLC. has petitioned the Ci:y of Corpus Christi to consider a change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 1401 North Alameda Street and being 4.1573 acres, more or less, being out of Block C, Colonia Mexicana and Lots 5 and 6, Block Southwest 1r'4 C, Colonia Mexicana, located on the east side of Sam Rankin Street, west of South Alameda Street, and north of Interstate 37. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andior Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, 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. TQ BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal. either at home or office, or in person. by telephone call or by letter. BLOCK REAL I Y CO. 11) - Printed Name: 1316 S. STAPLE:- P, 0. 60X 822 CORPUS C1'-iS'S t i 1 x rt;uu' Address: Cityr'State: ( j IN FAVOR (aQN bPPOSITION Phone: REASON: G'v(aut'y'1,i4 (1,440,2 349 POEN!Sf'-f 0. PIIS CHF-,:, 1;� /5412 f/0 SEE MAP ON REVERSE SIDE INFOR Case No • 18ZN1024 Property Owner ID: 19 Signature Case No. 1018-01 Project Manager: Andrew Dimas Email: andrewd2@cctexas.com Staff Report Page 17 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department al least 48 hours in advance at (361) 826-3240. Personas con incapacidades que tienen la intention de asistir a esta junta v aue reauieren servicios especiales, se les supiica aue den aviso 48 horas antes de la junta Ilamando al departamento de sorvic os de desarrollo, al numero 1361) 826-3240. 11 you wish to address the Commission during the meeting and your English is limited. please call the Development Services Department at +,361 i 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dmgerse a la commission durante la Junta v su finales es lim,tado. favor de hamar al departamento de servicios de desarrollo al n:im rr i361) 826-3243 al menos 48 horns antes de la junta para solicitar un interprete ser presente durante la runty CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0219-02 HCS 311. LLC. has petitioned the City of Corpus Christi to consider a change of zoning frorn the "RM -1 - Multifamily 1 District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Map. 1 ho property to be rezoned is described as: 1401 North Alameda Street and being 4.1573 acres. more or Tess, being out of Block C. Colonia Mexicana and Lots 5 and 6, Block Southwest 14 C, Colonia Mexicana, located on the east side of Sam Rankin Street, west of South Alameda Street, and north of Intcratatc 37. 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, Curing one of the Planning Commission's regular meetings, which bogins at 5:30 p.m.; in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P 0. BOX 9277. CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission Bylaws, no discussion shall be held by a member or members of this Commission whh 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: Azif C.,{ I Pe ( I li kiA_1-L Address: )2.6,.<7, 5/A /IA )--- f � / J ,J !. City/State: ( Gr Phone: 5.-Y, 1 ( ) IN FAVOR ( IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 18ZN1024 Property Owner ID: 21 `-Signature J i' `i�.r/ Case No. 1018-01 Protect Manager: Andrew Dimas Ema l: ardrewd2@cctexas com Staff Report Page 18 Persons with drsabibties planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at ?361) 826-3240. Personas con incapacidades, cue tienen la intention de asistir a esta Junta v aue reauieren servicios esDeciates, se les suplica aue den aviso 48 horas antes de la Junta Hernando al dopartamento de servicios de desarrollo, al numero 1361) 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 dunng the meeting. Sr usted desea dirrairse a la commission durance la junta v su angles es limitado, favor de Hamar al departamento de servicios de desarrollo al nurnero 1361] 826-3240 al menos 4$ horas antes de la Junta Dara solicitar Lun interprete ser presenter durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0219-02 HCS 311, LLC. has petitioned the City of Corpus Christi to consider a change of zoning from th.. "RM -1 - Multifamily 1 District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Map. The property to be rezoned is aescribed as 1401 North Alameda Street and being 4.1573 acres, more or less, being out of Block C, Colonia Mexicana and Lots 5 and 6. Block Southwest 1:4 C, Colonia Mexicana, located on the east side of Sam Rankin Street, west of South Alameda Street, and north of Interstate 37. 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, it 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 forrnulate 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 CURRFNT PROPERTY OWNER?S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TFXAS 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. BLOCK R5A.i.TY CO. Lt,F Printed Name: 1316 S. STAPLE • t' 0. FO:' CORPUS CHS'ST1 TX 7rPt '3 Address: City. State: ( ) IN FAVOR (V OPPOSITION REASON. (*OPPOSITION SEE MAP ON REVERSE SIDE INFOR Case No.. 18ZN1024 Property Owner ID: 25 Phone: Away r116,4110r, 349 POEN!Fr,H ORPUS Signature Case No. 1018-01 Project Manager: Andrew Dimas Email: andrewd2@oclexas.com Staff Report Page 19 Persons with ctabilIties planning to attend this meeting. who may 'cquvc specia, ser y ca are 'cqusted lu contact the Development Services Department at least 48 hours in advance at (361) 826-3240 Personas con incaDaCkdades, aue tieneri Ia intention de asistir a este iunta v aue requieron servicios esoeciales. se les suolica aue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrolto, al numero (3611826-3240 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 toast 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairso a la commission durance la junta v su inalOs es limilado, favor de Ramer al departamento de servicios de desarrolto al numero 1361) 826-3240 al menos 48 horas antes de la iunta para solicitar un intorprete ser presents durante la Junta, CII Y PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0219-02 HCS 311, LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Map. Tho property 10 be rezoned is described as 1401 North Alameda Street and being 4.1573 acres. more or less, being out of Block C, Colonia Mexicana and Lots 5 and 6, Block Southwest 14 C, Colonia Mexicana, located on the east side of Sam Rankin Street, west of South Alameda Street, and north of Interstate 37. 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 Cornprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing tor 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 RF Fu I Fn 01 17 Sin Fn Rv THF CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By.Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or ottbe, or In person, by Telephone call or by letter. Printed Name: nra' r`, • Y CO L.:Z. Address: ( ) IN FAVOR REASON_ 1 16 S, STP?t.E;i - R (l)RrLe C` SiCT . TX 7.3ii. . 1 OPPOSITION SEE MAP ON REVERSE SIDE INFOR Case No 18ZN1024 Properly Owner ID: 40 CityrState: Phone: Slaw y (1,14on 349 POENISCH OPPUS 'r -X 71;:'.12 04) Signature Case No 1018-01 Project Manager: Andrew Dimas Email: andrewd2@ccteias,com Staff Report Page 20 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 can incaoacjdades. que henen Ia intencl6n de asisur a seta junta v que reguleren SerV -� esoeCiales se les sup6ca aue den aviso 48 horas antes de la junta Hernando al departamento de servicios de desarrollo, al numero (3611 826-3240. It you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 al least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durance la junta v su ingles es limitedo, favor de Ilamar al departamento de servicios de desarrollo al numero (3611 826-3240 al me os 48 horas antes de la junta para solicitar un interorete ser presents durance la iunta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0219-02 HCS 311, LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District. resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 1401 North Alameda Street and being 4.1573 acres. more or less, being out of Block C. Colonia Mexicana and Lots 5 and 6, Block Southwest 1.:4 C, Colonia Mexicana, located on the east side of Sam Rankin Street, west of South Alameda Street. and north of Interstate 37. 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 10 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 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 DE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED By THE CURRENT PROPERTY OWNERS) ANU MAILEU IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469 9277. ANY INFORMATION PROVIDED BELOW RFCOMES 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 n Printed Name: ' fj N )'1' `j k v C Address: 1 ? a 11� /1 M 1 4 Z City/State: ( 1 ' 04 $' 1 • O/ (I/ IN FAVOR ( 1 IN OPPOSITION Phone:} (�� 1'c �I , I f REASON: SEE MAP ON REVERSE SIDE INFOR Case No : 18ZN1024 Property Owner ID: 23 yl Signature Case No. 1018-01 Project Manager: Andrew Dimas Email andrewd2Occtezas com Staff Report Page 21 Persons with disabihbes 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, ai a tienen la intenci6n de asustr a esta iunta v clue reauieren servicios esoeciales. se les suolica aue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo, al Humero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (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 iunta v su inoles es Iimitado, favor de Hamar al deoartamento de servicios de desarrollo al numero ?361; 826-324Q al menos 48 horas antes de la iunta Dara solicitar un interDrete ser Dresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0219-02 HCS 311, LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the `RM -1'" Multifamily 1 District 10 the "IL" Light Industrial District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 1401 North Alameda Street and being 4.1573 acres, more or Tess, being out of Block C, Colonia Mexicana and Lots 5 and 6, Block Southwest 1.'4 C, Colonia Mexicana, located on the east side of Sam Rankin Street, west of South Alameda Street, and north of Interstate 37. 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 o.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In person, by telephone can or by lette' Printed Name: L ! ! L4 4 A/< / (j j' - 1 i ( ie `t L Address: ) � 1 n] �� � � � �I{geter: \ 13' A/) Q/ (r IN FAVOR ( ) IN OPPOSITION Phone: 4437, LI 01 REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 18ZN1024 Property Owner ID: 24 / r Signature Case No. 1018-01 Protect Manager: Andrew Dimas Email: andrewd2@cctexas.com Staff Report Page 22 Persons with disabilities planning to attend This meeting, who may require special services. are requested to contact the Development Services Department at least 48 fours in advance at (361) 826-3240. Personas con incaoacidades, quo Heron la intenoion de asislrr a sato junta 1' a e reQweren seryicros esoeciales se les sughca que den ayiso 48 horas antes de la iunta Itamendo al departamento de servrcios de desarrollo, al numero (3611 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Depa'tmont al (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting Si ustetl desea dirieirse a la commission durance la junta v su inples es limeade, favor de hamar al departamento de servicios de desarrollo al niimerQi361) 82¢-M40 al nervus 48 horas antes de la junta para solicitor un rnterorQte ser presence durance ijunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezo•1i::g Case No. 0219-02 HCS 311, LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -1" Multifannily 1 District to the "IL" Light Industrial District. resulting in a change to the Future Land Use 'ulama. The. property to be rezoned is described as. 1401 North Alameda Street and being 4.1573 acres. more or less, being out of Block C, Colonia Mexicana and Lots 5 and 6, Block Southwest 144 C, Colonia Mexicana. located on the east side of Sam Rankin Street, west of South Alameda Street, and north of Interstate 37. Tho Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andior Special Permit- Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. February 20, 2019; during one of the Planning Commission'; regular meetings, which begins at 5:30 p.m.; in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826.3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERS) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P 0 BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277_ ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission Bylaws. no discussion shall be held by a member or members of This Commission with an applicant or appellant concerning an application or appeal, either at home or office. or in person, by telephone call or by letter. Printed Narne: /i, Nf} 11'1 1)l�yt6 7l r6r3i.t Address: zi 3 7 ,iegidf0046 ( ) IN FAVOR 1/IN OPPOSITION REASON: Ntts SssUES SEE MAP ON REVERSE SIDE INFOR Case No.: 18ZN1024 Property Owner ID: 37 City'State: Pa - 6Orp•45 `hire I Phone: _ ' q' J 7 ) Case No. 1016 -Or Project Manager: Andrew Dimas Email and•ewd21lcctexas.com Staff Report Page 23 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 iricapacidades, aue tienen la intencion de asistir a esta iunta v aue reauieren servicios espec'ales, se les suplica aue den aviso 48 horas antes de la junta Hernando al deoartamento de servicios de desarrollo al numero (3611 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 dirialrse a la commission durante la iunta v su incites es limitado. favor de hamar al departamento de servicios de desarrollo al numero 13611826-3240 al menos 48 horas antes de la junta para solicitar un interorete ser presents durante la iunta, CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0219-02 HCS 311. LLC. has petitioned the City of Corpus Ch'isti to consider a change of zoning from the RM -1" Multifamily 1 District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Map. The property to be rezonec is described as 1401 North Alameda Street and being 4.1573 acres. more or less, being out of Block C, Colonia Mexicana and Lots 5 and 6. Block Southwest tii4 C, Colonia Mexicana, located on the east side of Sam Rankin Street, west of South Alameda Street, and north of Interstate 37. 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 u.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 DEPAH !MEN I , P. U. BOX 9277. CORPUS CHRISTI. TEXAS 78489- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance wtth 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: /1t� f 41../1- ' l U /,i (1 if Ni 14,.t Address: 1 D Z 1 AM `` V City/State; e L IX- 7 t1 0, (8. IN FAVOR ( ) IN OPPOSITION Phone: REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 18ZN1024 Property Owner ID: 0 Signature Case No 1018-01 Protea Manager: Andrew Dimas Email: andrewd2@cctexas com Zoning Case #0219-02 HCS 311, LLC. Rezoning for a Property at 1401 North Alameda Street City Council Presentation April 16, 2019 Alternate Proposal Denial of the "IL" Light Industrial District in lieu thereof Approval of the "RM-1/SP" Multifamily 1 District with a Special Permit (SP). Special Permit Conditions 1. Uses: The only principal use authorized by this Special Permit other than uses permitted by right in the base zoning district is a "Truck or transfer terminal" as described in Section 5.1.5.B. " Warehouse and Freight Movement" of the Unified Development Code (UDC). The only accessory uses allowed are an associated office and an outdoor storage yard. Materials being stored shall be limited to steel pipe. 2. Hours of Operation: The hours of operation shall be Monday through Saturday from 7:00 AM to 6:00 PM and 2:00 PM to 6:00 PM on Sunday. 3. Buffer Yard: A Type D Buffer Yard as defined by Section 7.9.5.A of the Unified Development Code (UDC) shall be required where the subject property shares a property line with a residential zoning district and/or residential use. Special Permit Conditions 4. Dumpsters: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 5. Nuisance: The use is prohibited from creating any hazard or nuisance such as, noise, smoke, vibration, dust, and/or odors. 6. Dust: Any dust generated by the operation of the outdoor storage use must be mitigated. Examples of mitigation are by application of a hardscape, by watering, or by use of a soil stabilizer/epoxy. 7. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. Special Permit Conditions 8. Access: No commercial truck traffic south of Chipito Street. Driveway access to or from Chipito Street is prohibited. No exiting of commercial truck traffic to the south onto Sam Rankin Street or south onto North Alameda Street from the subject property. 9. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting fixtures. No light projection is permitted beyond the property line near all public roadways and residential development. 10. Landscaping: Landscaping shall be installed in accordance with the requirements of Section 7.3.11.A of the Unified Development Code (UDC). 11. Screening: The subject property must completely screened by a screening fence as defined in Section 1.11 of the UDC from view of the public right-of-way and adjacent non -industrial uses. Special Permit Conditions 12. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 13. Time Limit: This Special Permit shall expire 36 months from date of approval. Planning Commission and Staff Recommendation Denial of the change of zoning to the "IL" Light Industrial District 2. Sunday Hours 3. Buffer Yard 11. Screening 13. Time Limit Applicant's Position 7 am to 6 pm Mon -Sat; 2 pm to 6 pm Sunday 20 -feet with 20 -points Completely Screened from R -O -W 3 years 7 am to 6 pm Mon -Sun; 10 am to 1 pm Sundays (No Pipe Unloading) 5 -feet with 10 -points Chain-link with slats 5 years Aerial Overview • - ' . . swami I • '0 41116 =1,V):.:11 Subject Property at 1401 North Alameda Street WNW -a 911' Vic in ity Map •,„r, N At Corpti. IThr 7_ :r lc} OpenStreettlapand cantributors, 'mei eative Commons Share Al ice Li cense'1CC-BY-SA} 10 Zoning Pattern 907© �d L31-3 19770 99710 IRO4 9909 MAI 99710 11 Rendering Vacant Lots ■ Vacant Improved 64% Vacant 13 Neighborhood Amenities Park Church School Transportation Access Q47.Po PC@@ r Traffic: Port Cut -through 15 Public Notification 57 Notices mailed inside 200' buffer 137 Notices mailed outside 200' buffer Notification Area Opposed: 13 (13.52%) In Favor: 2 UDC Requirements Buffer Yards: "IL" to "RM -1" Type C: 15 -feet and 15 points Setbacks: Street: 20 feet 40 feet when adjacent to Residential Parking: 1:1,000 GFA (Outdoor Facility) Landscaping, Screening, and Lighting Standards. Uses Allowed: Light Industrial, Retail, Offices, Vehicle Sales, Bars, and Storage Utilities Water: 12 -inch ACP line located along Sam Rankin Street, a 6 -inch ACP line along Chipito Street, a 6 -inch ACP line along North Alameda Street, and an 8 -inch CIP line along West Broadway Street. Wastewater: 6 -inch VCP line located along Sam Rankin Street, a 6 -inch VCP line along Chipito Street, a 6 - inch VCP line along North Alameda Street, and an 21 -inch VCP line along West Broadway Street. Gas: 2 -inch line located along Sam Rankin Street, a 2 -inch line along Chipito Street, a 1 -inch line along North Alameda Street, and a 2 -inch line along West Broadway Street. Storm Water: 24 -inch line located along Sam Rankin Street. Harbor Bridge Buyout Map aJIJICT.:Z. A.. I'LL .�I z�IL. __.J�� 7i7W w 11111:1171 1�j7T//l1//f_ LII RP— ' ' /ir IMTI �_W. ,7h.,/,//i%,:I LI a y / C111�1 -11-L = ID L Map of "the Neighborhood" 1L_ . ATV. . i tim m X111 - - Tffl €-11IFTWIIi 111111 III 19 Downtown Area Development Plan (ADP): Washington -Coles Neighborhood AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting 04/16/2019 Second Reading Ordinance for the City Council Meeting 04/23/2019 DATE: April 10, 2019 TO: Keith Selman, Interim City Manager FROM: Grayson Meyer, Interim Business Liaison G rayson M (a�cctexas. com (361) 826-3842 Ordinance approving amendment to TIRZ #2 Project and Financing Plan CAPTION: Ordinance approving the amendment to the Tax Increment Reinvestment Zone #2 amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas, regarding the approval of funds up to $4,000,000 for the Park Road 22 Bridge Project. PURPOSE: The purpose of this item is to amend the TIRZ #2 Project Plan and Financing Plan. BACKGROUND AND FINDINGS: On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a Tax Increment Financing District and associated Tax Increment Reinvestment Zone #2 covering portions of North Padre Island and Mustang Island. The dollars claimed by the Tax Increment Financing District were to provide the local share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project carried out by the U.S. Corps of Engineers and now known as the Packery Channel. The TIRZ #2 is a reinvestment zone pursuant to Chapter 311 of the Texas Tax Code. All expenditures of the TIRZ #2 must be consistent with Chapter 311 and must be recommended by the Board. The TIRZ #2 was created by Ordinance 024270, which charges the Board with making recommendations to City Council concerning the administration and expenditures of the Zone and preparing and recommending the Plan. This amendment, dated April 16, 2019, relates to the approval of the use of funds up to $4,000,000 for the Park Road 22 Bridge project within the Zone. ALTERNATIVES: City Council could choose not to approve this ordinance. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council authorization to approve an ordinance. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal City Manager's Office FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital x Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Project and Financing Plan ORDINANCE APPROVING THE AMENDMENT TO THE TAX INCREMENT REINVESTMENT ZONE #2 AMENDED PROJECT & FINANCING PLANS APPROVED BY THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NUMBER TWO, CORPUS CHRISTI, TEXAS, REGARDING THE APPROVAL OF FUNDS UP TO $4,000,000 FOR THE PARK ROAD 22 BRIDGE PROJECT. WHEREAS, in 2000, through Ordinance 024270, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas," over a portion of the City on Padre Island; WHEREAS, Ordinance 024270 included a preliminary reinvestment zone financing plan; WHEREAS, on September 29, 2009, the City Council passed Ordinance 028329, which approved the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Plan"); WHEREAS, the Plan was last amended on February 19, 2019; WHEREAS, on April 16, 2019, the Board of Directors of Reinvestment Zone Number Two took action to approve amendment to the language of the Plan; WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the Board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the amendment to the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas ("the Plan") for the Reinvestment Zone Number Two, Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Two on April 16, 2019, regarding the use of up to $4,000,000 in Zone funds for the Park Road 22 Bridge Project. A copy of the Plan is attached hereto and incorporated. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor TAX INCREMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI PROJECT AND FINANCING PLANS (Revised 09/29/2009; Amended 03/22/2011; 09/13/2011; 10/29/2013, July22, 2014, February28, 2017, August 22, 2017, December 19, 2017, January 22, 2019, and April 16, 2019) The Tax Increment Reinvestment Zone #2 Project Plan) (Plan) (last revised and/or amended on 1/22/19) is amended to update and revise the Plan this 16th Day of April 2019 by adding the bold and underlined text and removing the struck through text as shown: REINVESTMENT ZONE PROJECT PLAN This Project Plan identifies the improvements and planned expenditures that may be funded by tax increments generated within Tax Increment Reinvestment Zone #2, City of Corpus Christi ("TIRZ #2). No tax increments for new expenditures authorized by this Project Plan may be expended if the tax increments are required to fund any obligations incurred by the North Padre Island Development Corporation prior to the date of the adoption and approval of this Project Plan. On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a tax increment financing district covering portions of North Padre Island and Mustang Island. This tax increment financing would be used primarily to provide the local share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project ("Packery Channel project"). Then on June 27, 2000, the City Council approved the preliminary Project and Financing Plans, and notified other taxing jurisdictions of its intention to create a tax increment reinvestment zone. A notice of a public hearing on the creation of the zone was published on August 22, 2000, and the public hearing was held on August 29, 2000. On August 29, 2000 the City Council passed the first reading of the ordinance that established TIRZ #2. Ordinance 024270, which established TIRZ #2 was formally adopted after being passed on the second reading on November 14, 2000. Subsequently on October 8, 2002, the City Council approved Resolution 025040, which established the North Padre Island Development Corporation ("NPIDC"). The NPIDC was created to aid, assist, and act on behalf of the City and TIRZ #2 in performing governmental functions to promote the common good and general welfare of the City, including the area within the TIRZ #2 zone. Then on February 25, 2003, the NPIDC, TIRZ #2, and City Council authorized an agreement by and among the City of Corpus Christi, Texas; Reinvestment Zone Number Two, City of Corpus Christi; and the North Padre Island Development Corporation, dated February 1, 2003. This agreement commonly referred to as the "Tri -Party Agreement" spells out the responsibilities of each of the parties in the administration and financing of TIRZ #2. The three entities also recommended, authorized, and approved the Project and Financing Plans for TIRZ #2 on February 25, 2003. The initial Project Plan and Financing Plan basically addressed the funding of the City's share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project. The Packery Channel project had been discussed and studied over a number of years. The project involved the placement of sand in front of the concrete Padre Island Seawall to restore the beach and protect the seawall. The sand was to be taken from the dredging and channelization of a reopened Packery Channel. The Packery Channel project also consisted of long jetties, walks, mitigation, public facilities, and reserve for long-term maintenance. The estimated cost of the Packery Channel project was approximately $30 million. Packery Channel Project Plan Amendment Page 1 of 8 The Packery Channel project was included in Section 556 of the Water Resources Development Act of 1999. The Act also required the U. S. Army Corps of Engineers (USACOE) to undertake two studies: (1) to determine if the project is environmentally acceptable and (2) to determine if the project is technically sound. A relatively small amount of money was made available by the Federal government for the studies. The local share of the project, which was estimated at approximately $10.5 million, could come from tax increment financing. This type of financing was authorized by a State Constitutional Amendment. The basic theory of tax increment financing is that "the construction of certain public improvements will generate higher tax revenues due to additional private development." The concept of tax increment financing is "but for the construction of the public improvements, the higher tax receipts would not occur." In this particular case, the City believed that completion of the project would result in significantly increased taxes through both new private investment and increases in the existing tax values. The preliminary financing plan that was adopted by the City Council, when it authorized the creation of TIRZ #2, called for funding $10.5 million as the City's share of the Packery Channel project, plus $750,000 for construction of the parking lot on the Padre Island concrete seawall. The estimates in the preliminary financing plan were refined, and the Project and Financing Plans, dated February 1, 2003, estimated that $12,000,000 in debt would be needed to complete the initial project costs. The plans identified $3,000,000 in surplus tax increments or bonds for secondary development improvements, which included the construction of seawall parking lot and $2,000,000 for a "parks & recreation center." A copy of the projected project costs from the 2003 plans is attached to and incorporated into this plan as Exhibit A. A project consisting of the construction of two bridges on Park Road 22 is added in the February 28, 2017 amendment. A project consisting of the traffic improvements on Windward Drive at Saint Augustine Drive is added in the August 21, 2018 amendment. Additionally, as part of this amendment a project is added for a market and feasibility study for the renewal of TIRZ #2 beyond 2022. Under §311.011(b)(1), Texas Tax Code, the Project Plan must have a map showing existing uses and conditions of real property in the zone, and a map showing proposed improvements to and proposed uses of that property. A map of TIRZ #2 is attached as Exhibit B, and is incorporated into this plan. A map of the current land uses within TIRZ #2 and the surrounding area is attached as Exhibit C, and is incorporated into this plan. A map of the current zoning within TIRZ #2 and the surrounding area is attached as Exhibit D, and is incorporated into this plan. A map of the future land uses within TIRZ #2 and the surrounding area based on the City Comprehensive Plan's Future Land Use Plan, adopted May 24, 2004 (Ordinance 026278), is attached as Exhibit E, and is incorporated into this plan. The Island Action Group Capital Improvement Priorities Report, dated 10/14/2005, which identifies needed capital improvements on Mustang and Padre Islands, including the areas within TIRZ #2, has been reviewed to identify improvements that could be funded through the tax increments developed within TIRZ #2. Exhibit F is a map showing specific projects that are included in this Project Plan. That exhibit is incorporated into this plan. This exhibit has been updated to include the location of the Mobi-Mats and traffic improvements on Windward at Saint Augustine Drive. All of the specific projects are situated on public land and involve recreational use and activities. Due to damage caused by Hurricane Harvey, a Packery Channel revetment repair project is needed. Packery Channel Project Plan Amendment Page 2 of 8 Under §311.011(b)(2), Texas Tax Code, the Project Plan must address proposed changes of zoning ordinances, the master plan of the municipality, building codes, other municipal ordinances, and subdivision rules and regulations, if any, of the county, if applicable. While the City is in the process of adopting a unified development code that will replace the current zoning and platting ordinances, there are no substantive changes being recommended that would affect TIRZ #2. At the time of adoption of this Project Plan, there are no pending cases to rezone properties within TIRZ #2. The City is considering rezoning portions of the property that it leases from the Texas General Land Office ("GLO"). As a condition of the GLO lease, the City is required to prepare a development plan for any commercial development on the leased property. While a draft Packery Channel development plan has been prepared and presented to the City Council, Planning Commission, GLO, Nueces County Parks Board, Nueces County Dune Committee, and City Beach Advisory Committee, for incorporation into the Mustang Padre Island Area Development Plan, the City Council has not officially adopted the plan, and the City is discussing features of the proposed plan with the GLO. The City will propose rezoning to match the needs identified in the Packery Channel development plan. The City is working with GLO on the voter approved proposed changes to Chapter 10, Code of Ordinances, which contains the City's GLO approved beach and dune rules. This proposed change addresses driving on the beach seaward of the concrete Padre Island seawall, and the installation of bollards on the beach seaward of the concrete seawall and between the seawall and southern Packery Channel jetty. There are no other proposed changes to the City's beach or dune permitting rules. However, the Nueces County Beach Management Committee has recommended approval of the changes to their beach management regulations. The Nueces County Commissioners' Court has not approved the changes, and they have not been sent to the GLO for public comment in Texas Register. Under §311.011(b)(3), Texas Tax Code, the Project Plan must contain a list of estimated nonproject costs. The City has been trying to obtain additional Federal funding to cover some of the costs of the recreational enhancements within the North Padre Island Storm Damage Reduction and Environmental Restoration Project and repairs to storm damage from Hurricane Ike. The City will also seek grants and other funding opportunities from the State of Texas and others to offset some of the costs identified in this Project Plan. The level of that funding, if any, that can come from Federal, State, or other funding sources is not known. To the extent Federal, State, or other funding is received, the amount of tax increments that need to be dedicated to completing these improvements will be reduced. Under §311.011(b)(4), Texas Tax Code, the Project Plan must contain a statement of a method of relocating persons to be displaced as a result of implementing the plan. None of the proposed improvements should result in relocation of any person; therefore this requirement is not applicable to the implementation of this plan. REINVESTMENT ZONE FINANCING PLAN Under §311.011(c)(1), the Reinvestment Zone Financing Plan must contain an Estimated Project Cost Description, and under §311.011(c)(2), it must describe the Kind, Number, and Location of TIRZ Improvements. Under this Revised Project Plan and Reinvestment Zone Financing Plan, the following improvements and activities may be funded from current available revenues: Packery Channel Project Plan Amendment Page 3 of 8 Packery Channel Project Area Improvements: Subject to the availability of the estimated funds in the TIRZ #2 tax increment fund and funding from the Federal Government as authorized by the Water Resources Development Act, construction of the improvements in the TIRZ#2 referendum voter information sheet and Phases 3 — 7 Packery Channel public recreational improvements and amenities shown on the engineering drawings referred to as the Packery Channel "Six Pack," which is incorporated into this Project Plan as Exhibit G. Exhibit H has been amended to reflect all TIRZ #2 Project Updates and includes estimates and details regarding the Packery Channel revetment reimbursement project and the traffic improvements on Windward at Saint Augustine Drive. Additionally, an estimated $50,000 will be budgeted for the market and feasibility study for the renewal of the TIRZ #2 beyond 2022. Construction of the Phase 4 ADA ramps is contingent upon approval of the General Land Office of the installation of temporary hard parking surfaces for parking for the disabled on the beach at the end of the ADA ramps and will be constructed with Phase 3 if approved. Yearly Miscellaneous Improvements required for support of Packery Channel, exclusive of the previously identified capital projects Phases 3 though 7, could include periodic surveys of channel conditions, shoreline, and jetty revetments, access to beach and sand redistribution are proposed to be budgeted on an annual basis pending the availability of funds. These Yearly Miscellaneous Improvements specifically include routing, monitoring, and surveys of the Packery Channel and the Gulf beach. Operation of a marine patrol to reduce shoreline erosion along Packery Channel, specifically along the Mollie Beattie Preserve pending the availability of funds. Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services, consulting services, document production and maintenance, and other administrative costs. Costs for design, permitting and dredging of Packery Channel have been included in future years subject to need and pending the availability of funds. The Zone's annual budget will be adopted by the Zone's Board of Directors on an annual basis, based upon the City of Corpus Christi's fiscal year, and attached to this plan as Exhibit I. Improvements in other areas within TIRZ #2: A specific list of projects will be developed in consultation with various organizations and interested residents of North Padre Island and businesses located within TIRZ #2. These projects may include projects to acquire, construct, reconstruct, or install public works, facilities, or sites or other public improvements, including landscaping, utilities, streets, street lights, water and sewer facilities, pedestrian malls and walkways, parks, flood and drainage facilities, or parking facilities, but not including educational facilities. One improvement to the TIRZ #2 is the construction of two bridges on Park Road 22 between Commodores and Whitecap. The bridges will require up to $4,000,000 Packery Channel Project Plan Amendment Page 4 of 8 of TIRZ #2 funding and will allow for travel over canals that are to be built bya third party developers in the area. contingent on the completion of the canals and approval of the construction plans to proceed by the City and the City Council within 2/1 months after February 28, 2017. As required by §311.011(c)(3), an updated economic feasibility Study for TIRZ #2 was completed by CDS Market Research 1 Spillette Consulting in September 2009. It is provided in a separate document. Under §311.011(c)(4), the Project Plan and Reinvestment Zone Financing Plan must include an estimate of bonded indebtedness. TIRZ #2 may be used to support bonded debt issued to fund specific projects, or the project costs may be funded on a pay-as-you-go basis, or utilize other financing methods. Under §311.011(c)(5), the Project Plan and Reinvestment Zone Financing Plan must describe the timing of incurring costs or monetary obligations. TIRZ #2 project costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you-go project expenditure approach, a bonded debt issuance, or other forms of project financing. Under §311.011(c)(6), the Project Plan and Reinvestment Zone Financing Plan must describe the methods of financing and sources of revenue. TIRZ #2 could use several methods of financing, including but not limited to the following: • Cash funds generated from existing property value increment, • Bonded debt issuances backed by TIRZ #2 revenue to fund the associated debt service, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from TIRZ #2 property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. The term of any debt for which debt services payments are to be funded by TIRZ #2 revenue will not extend past the duration of TIRZ #2. The primary source of revenue for TIRZ #2 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, Nueces County Hospital District, Del Mar College, and the Farm to Market Road on the taxable property value increment within TIRZ #2. Based on existing interlocal agreements with each taxing jurisdiction listed above, it is currently projected that each of these entities will agree to participate in funding TIRZ #2 with 100% of the incremental property taxes collected over the life of zone, except for Del Mar College, which will contribute 20% in 2009 and 0% thereafter. The assessed value base year Sources of Revenue' Packery Channel Project Plan Amendment Page 5 of 8 Nueces City of County Farm to Corpus Nueces Hospital Del Mar Jr. Market Tax Year Christi County District College Road Total Packery Channel Project Plan Amendment Page 5 of 8 2009 1,597,917 985,617 406,158 137,838 12,165 3,139,695 2010 1,273,417 786,419 324,072 - 9,709 2,393,616 2011 1,203,508 745,121 307,054 - 9,201 2,264,884 2012 1,372,033 849,855 350,213 - 10,494 2,582,595 2013 1,519,533 941,476 387,968 - 11,625 2,860,601 2014 1,645,468 1,019,647 420,181 - 12,590 3,097,886 2015 1,761,879 1,091,870 449,943 - 13,481 3,317,173 2016 2,162,313 1,340,366 552,345 - 16,549 4,071,572 2017 2,615,229 1,621,428 668,166 - 20,018 4,924,842 2018 3,127,882 1,939,557 799,263 - 23,945 5,890,647 2019 3,708,557 2,299,895 947,753 - 28,393 6,984,598 2020 4,366,726 2,708,317 1,116,057 - 33,435 8,224,535 2021 5,113,212 3,171,538 1,306,944 - 39,153 9,630,847 2022 5,960,390 3,697,237 1,523,577 - 45,642 11,226,846 Total 37,428,065 23,198,342 9,559,692 137,838 286,400 70,610,338 1 Assumes 95% tax collection rate. for all participating taxing entities is 2000. Based upon 2008 tax rates for each jurisdiction, the projection of incremental property tax revenue contributed to TIRZ #2 is as follows: These revenue projections assume a 95% tax collection rate for all three taxing jurisdictions. According to these projections, 53.0% of the tax increment revenues will come from the City, 32.9% will come from the County, 13.5% will come from the County Hospital District, 0.2%% will come from Del Mar College, and 0.4% will come from the Farm to Market Road. Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources of revenue as available. These could include but are not limited to: • Grants from other local, state, and federal agencies; • Grants from private entities such as foundations; and • Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects. Under §311.011(c)(7), the Project Plan and Reinvestment Zone Financing Plan must give the current appraised value of the zone. According to the Nueces County Appraisal District, the 2009 certified taxable appraised value for the Zone is $356,833,583 for the City of Corpus Christi, $ 353,059,772 for Nueces County and the County Hospital District, $ 358,753,875 for Del Mar College, and $ 352,808,877 for Farm to Market Road. Due to outstanding property accounts under value protest, these certified values will increase over time. Under §311.011(c)(8), the Project Plan and Reinvestment Zone Financing Plan must provide an estimate of the captured appraised value for TIRZ #2 during the years of its existence. The table Packery Channel Project Plan Amendment Page 6 of 8 on the next page provides the projected schedule of taxable value increment captured by the zone over remainder of its duration. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the participating jurisdictions. Therefore, there is a table shown for each entity. Under §311.011(c)(9), the Project Plan and Reinvestment Zone Financing Plan must state the duration of TIRZ #2. The zone has four tax years remaining and will expire after 2022. Packery Channel Project Plan Amendment Page 7 of 8 Estimated Captured Appraised Value PROJECTED ASSESSED VALUE Tax Year City of Corpus Christi Nueces County Nueces County Hospital District Del Mar Jr. College Farm to Market Road 2009 - 380,825,433 377,027,804 377,027,804 382,757,294 376,776,909 2010 320,245,351 317,347,217 317,347,217 321,720,450 317,163,481 2011 307,194,087 304,974,332 304,974,332 308,324,444 304,840,076 2012 338,655,659 336,353,086 336,353,086 339,828,313 336,214,560 2013 366,192,055 363,803,032 363,803,032 367,408,871 363,660,078 2014 389,702,663 387,223,386 387,223,386 390,965,597 387,075,840 2015 411,435,230 408,861,715 408,861,715 412,746,329 408,709,405 2016 486,191,313 483,312,318 483,312,318 487,658,942 483,142,951 2017 570,745,210 567,519,915 567,519,915 572,390,395 567,331,227 2018 666,451,157 662,832,970 662,832,970 668,297,914 662,622,374 2019 774,856,231 770,791,945 770,791,945 776,931,996 770,556,480 2020 897,728,294 893,157,125 893,157,125 900,064,425 892,893,404 2021 1,037,088,042 1,031,940,526 1,031,940,526 1,039,720,393 1,031,644,672 2022 1,195,245,758 1,189,442,482 1,189,442,482 1,198,215,334 1,189,110,054 ASSESSED VALUE INCREMENT Tax City of Corpus Nueces County Del Mar Jr. Farm to Market Year Christi Nueces County Hospital District College Road 2009 298,311,566 295,295,463 295,295,463 300,048,697 295,195,765 2010 237,731,484 235,614,876 235,614,876 239,011,853 235,582,337 2011 224,680,220 223,241,991 223,241,991 225,615,847 223,258,932 2012 256,141,792 254,620,745 254,620,745 257,119,716 254,633,416 2013 283,678,188 282,070,691 282,070,691 284,700,274 282,078,934 2014 307,188,796 305,491,045 305,491,045 308,257,000 305,494,696 2015 328,921,363 327,129,374 327,129,374 330,037,732 327,128,261 2016 403,677,446 401,579,977 401,579,977 404,950,345 401,561,807 2017 488,231,343 485,787,574 485,787,574 489,681,798 485,750,083 2018 583,937,290 581,100,629 581,100,629 585,589,317 581,041,230 2019 692,342,364 689,059,604 689,059,604 694,223,399 688,975,336 2020 815,214,427 811,424,784 811,424,784 817,355,828 811,312,260 2021 954,574,175 950,208,185 950,208,185 957,011,796 950,063,528 2022 1,112,731,891 1,107,710,141 1,107,710,141 1,115,506,737 1,107,528,910 I Packery Channel Project Plan Amendment Page 8 of 8 LIST OF EXHIBITS Exhibit A Packery Channel Project Costs and Funding from Project and Financing Plans dated February 1, 2003 Exhibit B Map of TIRZ #2 Exhibit C Current land use map Exhibit D Current zoning map Exhibit E Future land use map Exhibit F Project Plan Map (Rev'd 10/22/2013; last updated August 21, 2018) Exhibit G "Six Pack" engineering drawings Exhibit H Projects with Funds from Tax Increment Reinvestment Zone #2 City of Corpus Christi Exhibit I Fiscal Year 2019 Reinvestment Zone #2 Budget 2009 TIRZ #2 Economic Feasibility Study by CDS Market Research Spillete Consulting Packery Channel Project Plan Amendment 025215 ORDINANCE NO. AN ORDINANCE APPROVING A FINAL PROJECT AND FINANCING PLAN FOR THE "REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS CHRISTI, TEXAS"; APPROVING TILE SALE OF BONDS BY NORTH PADRE ISLAND DEVELOPMENT CORPORATION IN FURTHERANCE OF THE FINAL PROJECT AND FINANCING PLAN; AND OTHER MATTERS RELATING THERETO. WHEREAS, on November 14, 2000, the City Council of the City adopted Ordinance No. 024270 (the "Creation Ordinance"), approving the creation of a tax increment reinvestment zone in the City known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas" ("TIRZ Two"); and WHEREAS, in connection with the adoption of the Creation Ordinance and the establishment of TIRZ Two, the City prepared a preliminary reinvestment zone financing plan, and presented the preliminary reinvestment zone financing plan to the governing body of each taxing unit that levies taxes on real property in the proposed reinvestment zone; and WHEREAS, in compliance with the provisions of Chapter 311, Texas Tax Code (the "Act"), a project plan and reinvestment zone financing plan has been prepared and approved by the Board of Directors of T1RZ Two, which project plan and reinvestment zone financing plan so approved is attached to this Ordinance as Exhibit "A" (the "Plan"); and WHEREAS, in compliance with the Act, the City Council finds it necessary and desirable to approve the Plan submitted with this Ordinance; and WHEREAS, by Resolution No. 025040, adopted on October 8, 2002, the City authorized the creation of the North Padre Island Development Corporation (the "Corporation") to aid, assist and act on behalf of the City in the perfomiance of the City's governmental and proprietary functions with respect to the common good and general welfare of the City, as described in the Creation Ordinance; and WHEREAS, on February 25, 2003 theCorporation adopted a resolution authorizing the issuance and delivery of up to $3,000,000 in Tax Increment Contract Revenue Bonds, Series 2003 (the "Bonds"), for the purpose of funding a portion of the "project costs" as are set forth in the Plan; and WHEREAS, the Corporation and the Board of Directors of TIRZ Two have approved the execution and delivery of that certain Agreement by and among the City, TIRZ Two, and the Corporation dated as of February 1, 2003 (the "Tri -Party Agreement"), pursuant to which the Corporation was delegated certain power and authority in connection with the implementation of the Plan on behalf of TIRZ Two, including, but not limited to, the power to issue, sell or deliver its bonds, notes or other obligations in accordance with the terms of the Tri -Party Agreement; and WHEREAS, the City Council finds it necessary and advisable to adopt this Ordinance to approve the Plan, as required by the Act, to approve the Tri -Party Agreement, and the approve the resolution of the Corporation that authorized the issuance and delivery of the Bonds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION ; That the facts and recitations contained in the preamble of this Ordinance are hereby F found and declared to be true and correct. SECTION 2- That the City Council hereby approves the project plan and the reinvestment zone financing plan attached to this Ordinance as Exhibit "A", as required by Section 311.011 of the Act. SECTION 3: That the City Council does hereby find and declare that the project and financing plan submitted to the City Council for approval, and hereby approved by the adoption of this Ordinance, is feasible for the development of TIRZ Two and conform to the master plan of the City. 2 SECTION 4; That the City hereby approves the Resolution adopted by the Corporation, in substantially the form and substance as attached hereto as Exhibit 'B", and all documents attached to the Resolution including, without limitation, the Tri -Party Agreement. The Mayor and the City Secretary are hereby authorized to execute, attest, seal and deliver the Tri -Party Agreement on behalf of the City. The issuance of Bonds in an amount not to exceed $3,000,000 for the purposes described in the Resolution is hereby approved. SECTION 5; That if any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 6: This Ordinance shall be effective immediately from and after its passage in accordance with the provisions of Section 1201.028, Texas Government Code. SIGNED AND SEALED THIS 25TH DAY OF FEBRUARY, 2003. City Secretary APPROVED AS TO FORM: Ac1/d-7 tin Cit�Attom Mayor, City of Corpus Christi, Texas 3 (SEAL) THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 25th day of February, 2003, approving the project and financing plan for Reinvestment Zone Number Two, City of Corpus Christi, Texas, and other matters related thereto, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 25th day of February, 2003. (SEAL) City Secretary, City of Corpus Christi, Texas 4 CorpusChristi, Texas p7 `) Day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Chris Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott 04L abAQ20- 061034-a,t.tk. Flo Reinvestment Zone Number Two City of Corpus Christi,Texas Project Plan and Reinvestment Zone Financing Plan February 25, 2003 Reinvestment Zone Number Two, City of Corpus Christi, Texas February 25, 2003 Project Plan and Reinvestment Zone Financing Plan Introduction to The Project and Finance Plan General Background As required under the Tax Increment Financing Act, Chapter 311, Texas Tax Code (the "TIF Act"), the Board of Directors (the "Zone Board") of Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Zone"), has prepared this Project Plan and Reinvestment Zone Financing Plan (the "Plan"). The City Council ofthe City of Corpus Christi, Texas (the "City") and the Zone Board must both adopt this Plan. The Plan includes information concerning proposed land uses and development, estimated project and non -project costs and administrative expenses, engineering studies, proposed financing and economic feasibility data, and property appraisal data. The Plan includes financing of the Zone's portion of the North Padre Island Storm Damage Reduction and Environmental Restoration Project (the "Project"). This Plan sets out the details of the tax and economic benefits derived from development of the Project Site, the scope of the Project, and the financing strategy for funding of Project costs through the issuance of bonds. Complete copies of the Plan, including a report attached to this Plan, as Exhibit A, entitled "Forecast of Potential TIF Revenue Flows on North Padre Island", prepared by Economics Research Associates ("ERA "), which constitutes the economic feasibility study required by the TIF Act, are available from the City of Corpus Christi, Texas, 1201 Leopard Street, Corpus Christi, Texas 78401, Attention: City Secretary. North Padre Island Storni Damage Reduction and Environmental Restoration Project The Project is a project of the U.S. Army Corps of Engineers (the "Corps") to dredge and channelize a reopened waterway ("Packery Channel") between the Laguna Madre Intracoastal Waterway and the Gulf of Mexico. In addition to the Packery Channel, the Project includes construction by the Corps of two 1,400 foot jetties paralleling the Packery Channel. Of the total 830,000,000 projected cost of the Project, the City as Project sponsor has agreed to pay $10.5 million. The remaining Project costs are to be paid by the United States Government. The City has created the Zone for the purpose of raising funds needed to provide the Zone Project costs through the issuance of bonds by the North Padre Island Development Corporation (the "Issuer"), a not-for- profit local government corporation. It was established by the City under the provisions of Chapter 431, Texas Transportation Code, and the general laws of the State of Texas to aid, assist, and act on behalf of the City in the performance of the City's governmental functions and to provide a means of financing certain Project costs in connection with the Zone. The Corps was directed by the Congress of the United States ("Congress") to cany out a project for ecosystem restoration and storm damage reduction at North Padre Island. The Project will extend the existing approximately 2.6 miles portion of the Packery Channel an additional 0.9 mile. The Project is described in the Environmental Impact Statement (EIS), as are the benefits and impacts to be expected from the Project. Erosion of the beach in front of the seawall just south of the boundary between Mustang and North Padre Islands is causing a loss of recreational beach. Dredging Packery Channel would provide sand for nourishment of the beach, and an enlarged beach would reduce potential future storm damage. A Project Study Plan, prepared by the Corps in 1999, examined three alternative sites, including Packery Channel. Three different channel widths under three different salinity regimes were also examined to determine the environmental benefits of an opening between the Laguna Madre and the Gulf of Mexico. The environmental 1 benefits of all alternatives were essentially negligible. The final EIS will be available upon publication by the Corps from the City of Corpus Christi, Texas, 1201 Leopard Street, Corpus Christi, Texas 78401, Attention: City Secretary. The Project is a project for ecosystem restoration and storm damage reduction consisting of a jettied entrance channel, main channel dredged to a required depth of 14 feet and a bottom width of 116 feet up to the Texas Highway 361 bridge, scour protection for the existing bridge, concrete bulkheads on both sides of the main channel creating three placement areas to create shallow water habitat, continuing with a smaller channel along the existing alignment of Packery Channel from the highway bridge to the Gulf Intracoastal Waterway, dredged to a required depth of 7 feet and bottom width of 80 feet, installation of a 30 inch HDDPE pipe for a sand bypass system, beach nourishment on the beach south of the channel and miscellaneous utility removals and relocations. The Project consists of dredging a 134-foot wide channel to connect the existing Packery Channel to the Gulf of Mexico to a 12-foot deep authorized depth (requiring an initial dredge depth to -14 feet) and dredging the existing channel to a depth of -7 feet (mean sea level) and a width of 80-feet. The total length of the proposed channel from the Gulf end of the jetties to the Gulf Intracoastal Waterway is approximately 18,500 feet (3.5 miles). Approximately 801,200 cubic yards (cy) of material will be dredged during construction, most of which (646,000 cy) will be placed on the beach south of the proposed jetties placement area (PA-4S) for storm damage reduction in front of the existing concrete seawall. Sandy maintenance material from the channel east of the SH 361 bridge will be used for beach nourishment, and a sand bypass system will be designed to move accumulated sand from longshore drift to the downdrift side of the jetties. Approximately 15,000 cy of estimated maintenance dredging every five years will be placed in an upland site. The Project is to be constructed by the Corps under a proposed Project Cooperation Agreement between The Department oldie Army and the City (the "Project Contract"). The Project Contract has not been approved by either the Corps or the City, but the City expects execution of the Project Contract by both parties by Spring 2003. The Plan calls for the remainder of the approximately $19.5 million needed to complete the Project to be funded by the United States Government under the Project Contract. As of February 25, 2003, Congress has appropriated $4.0 million for Project construction, but is under no obligation to appropriate the remainder of its share of Project costs. Once the initial Project is completed, the City will incur costs of maintenance dredging of Packery Channel, as described above. It is anticipated that upon completion of the initial Project, the estimated maintenance dredging will commence in 2008, and the estimated cost of such maintenance dredging in that year will approximate $3 50,000. The costs of the maintenance dredging are intended to be paid by the Zone, either from tax inert collections, proceeds from bonds, a combination of those two sources, or other moneys made available to the City or the Zone for such purpose. Secondary development within the Zone that includes public improvements is being proposed by the City as local sponsor. Secondary development includes proposed park amenities that encompass approximately 14.2 acres providing access to Packery Channel, the beach, and the jetties; passenger and recreational vehicle parking; walkways; restrooms; and vendor facilities. The location of two potential City park areas is proposed along the area nearest the Gulf of Mexico reach of Packery Channel. The Project, the maintenance dredging of the Packery Channel, and the public improvements associated with the proposed secondary development are found to be "Project Costs" as such term is defined in the TIF Act. The Project Contract The Project is to be constructed by the Corps under the Project Contract. The Project Contract has not been approved by either the Corps or the City, but the City expects execution of the Contract by both parties by Spring 2003. Under the Project Contract, the Corps, subject to receiving funds appropriated by Congress and using the 2 funds expected to be provided by the City through the Issuer, would agree to expeditiously construct the Project. The Project Contract recognizes that Congressional appropriations to date are less than the amount of federal funds required for completion of the Project, and that in the event insufficient funds are appropriated for the federal government's share of Project costs, then Project construction will be suspended or the Project Contract terminated. The federal government expressly makes no commitment to seek additional federal funds for the Project. The City would agree to contribute 35% of the total Project costs, at least five percent of which must be contributed in cash with the remainder being the appraised value of cash or lands, easements, rights-of-way, and suitable burrow and dredged or excavated material disposal areas. The City must deposit its share of projected financial obligations for construction through the first fiscal year of construction within 45 days of notice from the Corps. For each subsequent year, the deposit must be made no later than 60 days prior to the beginning of the fiscal year. The Project Contract obligates the City to operate, maintain, repair, replace, and rehabilitate the entire Project at no cost to the federal government. The City is seeking transfer of a portion of the maintenance cost to the Corps, but at this time no provision has been made for payment of ongoing maintenance costs. Funding of a maintenance reserve from proceeds of an additional series of Tax Increment Contract Revenue Bonds is contemplated by this Plan, but there is no assurance that a maintenance reserve will be funded, nor is there any guarantee that if funded the maintenance reserve would be adequate to pay costs of ongoing maintenance dredging. Reinvestment Zone Number Two, City of Corpus Christi, Texas The Zone was created by the City pursuant to the TIF Act to facilitate development of the land within the boundaries of the Zone, a 1,947.01 -acre parcel located entirely within the City and the County. The Zone became effective on November 14, 2000, and will terminate on December 31, 2022, or at an earlier time designated by subsequent ordinance of the City, or at such earlier time that all Zone Project Costs, tax increment bonds, and the interest on all tax increment bonds, have been paid in full (the duration of the Zone). The Zone is located on Padre Island, and intersected by State Highway 361 and Park Road 22 leading from the John F. Kennedy Causeway. A map showing the existing uses and conditions of real property in the Zone is attached to this Plan as Exhibit B. A map showing the proposed improvements to and proposed uses of the real property in the Zone is attached to this Plan as Exhibit C. Pursuant to the TIF Act, the ordinance of the City establishing the Zone also established a Board for the Zone. The Zone Board consists of 12 persons, with one member from each Participant other than the City, and the remainder (but not less than 10) appointed by the City. Name Position Appointed By Samuel L. Neal President City of Corpus Christi Vice President Nueces County Javier D. Colmenero Member City of Corpus Christi Brent Chesney Member City of Corpus Christi Rex Kinnison Member City of Corpus Christi John Longoria Member City of Corpus Christi Jesse Noyola Member City of Corpus Christi Mark Scott Member City of Corpus Christi Gabriel Rivas Member Del Mar College Cal Jennings Member Nueces County Hospital District Richard Pittman Member Flour Bluff Independent School District John LaRue Member Port of Corpus Christi Authority 3 Existing Land Use Existing land -uses within the Zone consist of light commercial development, mixed residential development, vacant unimproved land, and non -developable land, including waterways, roadways and parks. The City has estimated the following current usage within the Zone: Use Acrres Vacant 857.1718 Water Area 447.8253 Park 384.5719 Right -of -Way 158.2465 Commercial 33.6232 Medium Density Residential 34.4813 Public/Semi-Public 9.0187 High Density Residential 7.7001 Professional Office 6.0570 Light Industrial 6.5105 Low Density Residential 1.8075 Total 1,947.0138 Infrastructure Requirements for Development It is the City's policy that infrastructure required for new development within the Zone will be the responsibility of each landowner or developer, similar to any other development that occurs in the City. The wastewater treatment plant and trunk main collection system is in place and is of sufficient capacity to accommodate new development, and sufficient freshwater supply is available to serve anticipated development within the Zone. There are generally roads and streets throughout the Zone, though individual tracts may require additional street construction, sewer collection lines, or water supply lines for development. The City pays for oversize and extra depth costs associated with water and wastewater extensions that are designed to service property outside or beyond the owner's development. The City participates in street development to pay the additional costs for extra width associated with arterial streets or collectors that are designed to be extended beyond the developer's property. The City also pays for the costs of bridges and culverts to extend streets beyond the developer's property. Undeveloped Land Within the Zone Approximately 857 acres within the Zone are unimproved or underdeveloped land The City anticipates that such unimproved land will be developed for residential and light commercial use consistent within existing uses, and additional development must occur before the Issuer can provide for the payment of additional Tax Increment Contract Revenue Bonds (hereinafter defined) required for completion of the Project without adversely affecting the Issuer's ability to pay debt service on the Series 2003 Bonds (hereinafter defined). No representation is made in this Plan with respect to the ultimate development of such property. Project Costs A detailed listing of the proposed public works and public improvements to be undertaken in the Zone, shown by kind, number and location, and the Project costs of the Zone, including, without limitation, the costs of the initial dredging of Packery Channel, the maintenance dredging costs, secondary Project costs, administrative rative costs of the Zone, and other non -project costs (such as water supply improvements and roads that are not intended to be funded through the operation of the Zone), are set forth in Exhibit D. The estimated amount of bonded 4 indebtedness to be incurred to pay initial Project costs, and the timing of when related costs and monetary obligations for implementing this Plan are to be incurred, are set forth in Exhibit D. The City currently estimates that the total amount of Issuer debt necessary to be issued for completion of initial Project costs will not exceed $12,000,000. Secondary development improvements are to be financed as funding becomes available from surplus tax increments or bonds. The City currently estimates the total amount of Issuer debt that may be issued for secondary developments will not exceed $3,000,000. The Plan of Finance The City has created the Zone for the purpose of raising funds needed to provide the City's share of the Project costs, and the Series 2003 Bonds (hereinafter defined) are the first installment of Issuer bonds to be issued for that purpose. The City, the County, Del Mar College, a junior college district and political subdivision of the State of Texas (the "College") and Nueces County Hospital District, a hospital district and political subdivision of the State of Texas (the "Hospital District") each have agreed to deposit to the Tax Increment Fund established for the Zone (the "Tax Increment Fund") certain tax collections arising from their respective taxation of the increase, if any, in the appraised value of real property located in the Zone since November 14, 2000 (hereinafter defined as the (Dedicated Tax Increments"), through the earlier of December 31, 2022, or the date on which any outstanding obligations payable from the Dedicated Tax Increments are finally paid. The City has entered into separate interlocal agreements (the "Interlocal Agreements") with the County, the College, and the Hospital District which sets forth, among other things, the agreement of the City and County, College, or Hospital District, as applicable, to pay to the Issuer the Dedicated Tax Increments (the "Contract Tax Increments") The bonds to be issued to fund Project costs are to be payable solely from the Contract Tax Increments and certain other fimds on deposit with JPMorgan Chase Bank, Houston, Texas (the "Trustee") or which may be deposited with the Trustee in the future together with earnings and investments thereon (the "Pledged Revenues"). The City, the County, the College, and the Hospital District (each referred to individually herein as a "Participant" and collectively referred to as the "Participants") have agreed to deposit to the Tax Increment Fund the Dedicated Tax Increments, as described herein. Pursuant to the TIF Act, a taxing unit's tax increment for a year (a "Tax Increment") is the amount of property taxes levied by the unit for that year on the "captured" appraised value of real property taxable by the unit and located in a reinvestment zone. Tax Increments do not result from any increase in the appraised value of personal property (such as equipment or inventory) taxable by the unit and located in a reinvestment zone. The TIF Act defines captured appraised value ("Captured Appraised Value") as the total appraised value of all real property taxable by the unit and located in a reinvestment zone less the tax increment base of the unit. The tax increment base of a taxing unit (the "Tax Increment Base") is the total appraised value of all real property taxable by the unit and located in a reinvestment zone for the year in which the zone was designated. In the case of the Zone, the Tax Increment Base is the total appraised value of all real property in the Zone taxable by the relevant Participants as of January 1, 2000. Tax Increments result only from Captured Appraised Value in the Zone, which consists of 1,947.0138 acres, approximately 542.8184 of which is publicly owned and not taxable. Exhibit A shows (a) the Tax Increment Base of the Zone, (b) the current (as of the date of this Plan) total appraised value of taxable real property in the Zone and (c) the estimated captured appraised value of the Zone during each year of its scheduled existence. Pursuant to separate Interlocal Agreements between the City and each of the County, the College, and the Hospital District, respectively (the "Interlocal Agreements") the Participants have agreed to deposit all or a portion of their Tax Increments to the Tax Increment Fund. The City, the County, and the Hospital District have agreed to deposit to the Tax Increment Fund 100% of their tax collections on Captured Appraised Value inthe 5 Zone for each tax year that the Zone remains in existence, commencing in tax year 2000. The College has agreed to deposit to the Tax Increment Fund 100% of the its Tax Increments for the first five years (2000-2004) of the Interlocal Agreement, 80% for the sixth year (2005), 60% for the seventh year (2006), 40% for the eighth year (2007), 20% for the ninth year (2008), and none thereafter. The amounts the Participants have agreed to deposit to the Tax Increment Fund are referred to herein as the "Dedicated Tax Increments." The obligations of the Participants to pay Dedicated Tax Increments into the Tax Increment Fund are subject to the rights of any of the holders of bonds, notes or other obligations that have been or are hereafter issued by a Participant that are payable from and secured by a general levy of ad valorem taxes throughout the taxing jurisdiction of that Participant. North Padre Island Development Corporation The Issuer The Issuer is a not-for-profit local government corporation and was established by the City under the provisions of Chapter 431, Texas Transportation Code, and the general laws of the State of Texas to aid, assist, and act on behalf of the City in the performance of the City's governmental functions and to provide a means of financing certain Project costs in connection with the Zone. It is governed by a Board of Directors, whose members are appointed by the City Council. On December 17, 2002, the City Council of the City appointed all of the members of the City Council to serve as members of the Corporation. The Bonds It is anticipated that three series of bonds will be issued by the Issuer to finance the initial costs of the Project. The first series of bonds is anticipated to be issued in the spring of 2003 (the "Series 2003 Bonds"), in connection with the implementation of this Plan. Should bonds be issued to fund the costs of maintenance dredging, it is anticipated that funds for such use would be included in the third series of bonds to be issued. The Series 2003 Bonds are the first issue of bonds (the "Tax Increment Contract Revenue Bonds") to be issued by the Issuer. The Tax Increment Contract Revenue Bonds, including the Series 2003 Bonds, are secured by the Issuer's pledge of payments to be received pursuant to a Tri -Party Agreement among the City, the Zone, and the Issuer (the "Tri -Party Agreement"). Under that agreement, the Contract Tax Increments will be paid into the Tax Increment Fund at the City's depository. The Bonds will fund a portion of the City's share of the Project Costs. Completion of the Project will require additional funding, which currently is anticipated to be provided through the issuance of additional bonds by the Issuer secured from Dedicated Tax Increments on parity with the Bonds. Secondary development improvements may also be financed from additional bonds. For the Issuer to be able to repay such additional bonds, substantial growth in the taxable values within the Zone must occur, and there is no guarantee that such growth will have been accomplished prior to the timing of funding the remaining phases of the development and caanpletion ofthe Project. Growth in taxable values within the Zone is dependent on future development of additional taxable improvements. While the City expects that such additional improvements will be constructed if the Packery Channel is completed, there are approximately 1,838 tracts of land within the Zone owned by approximately 1,054 different owners, and neither the Issuer nor the City has any agreement with any landowner for construction of improvements within the Zone, or knowledge that any landowners intend to canstruct additional improvements. Without future development within the Zone, there can be no guarantee of additional Dedicated Tax Increments sufficient to pay debt service on bonds issued to finance the Project. A projection of the Project costs to be funded with bond proceeds and the sizing of the bond issues to fund those Project costs is set forth in Exhibit D. The Tri -Party Agreement 6 The City, the Zone and the Issuer will enter into the Tri -Party Agreement. Pursuant to the Tri -Party Agreement, the Issuer will provide certain management and administrative services for the Zone. The Issuer is authorized to issue bonds or enter into other obligations to be repaid from Contract Tax Increments but only with the approval of the City Council. The Issuer agrees to use all Contract Tax Increments in a manner consistent with the Plan. The Tri -Party Agreement provides for duties and responsibilities of the City with respect to Dedicated Tax Increments and provides for duties and responsibilities of the Zone with respect to Dedicated Tax Increments. The Dedicated Tax Increments are to be deposited when received into the Tax Increment Fund. The City and the Zone will covenant and agree that they will continuously collect the Dedicated Tax Increments from the Participants in the manner and to the maximum extent permitted by applicable law. To the extent the City and Zone may legally do so, they also will covenant and agree that they will not permit a reduction in the Dedicated Tax Increments paid by the Participants. The City will covenant and agree to annually levy, assess and collect its ad valorem taxes in the Zone. The City and the Zone will agree to pay to the Issuer the Contract Tax Increments in consideration for the Issuer funding certain of the Project costs with the proceeds of the Tax Increment Contract Revenue Bonds. The obligations of the City and the Zone to pay Contract Tax Increments shall be subject to the Tri -Party Agreement and the rights of any of the holders of bonds, notes or other obligations that have been or are hereafter issued by the City, the County, the College, or the Hospital District that are payable from and segued by a general levy of ad valorem taxes throughout the taxing jurisdiction of the City, County, College, or Hospital District. It is anticipated that the interests of the Issuer in the Tri -Party Agreement will be assigned to the Trustee for the Tax Increment Contract Revenue Bonds under the terms of the Indenture pursuant to which such Tax Increment Contract Revenue Bonds are to be issued. The Tri -Party Agreement may be amended with the mutual consent of the parties; however, any amendment must be accompanied by an opinion of counsel to the Issuer to the effect that such amendment will not materially impair the rights of the owners of the Issuer's bonds or other outstanding obligations. 7 Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT A Forecast of Potential TIF Revenue Flow on North Padre bland (Final Report) Dated: August 2002 ERA Project Number: 14663 Final Report Forecast of Potential TIF Revenue Flows on North Padre Island Submitted to: The City of Corpus Christi August 2002 ERA Project Number: 14663 TABLE OF CONTENTS General Limiting Conditions iv Introduction 1 Approach 2 Participating Jurisdictions 3 Methodology 3 TIF REVENUE ANALYSIS 5 Summary 5 Real Estate Market Discussion 5 TIF Waterfront Properties 2002 6 Growth Rates 10 Padre Island 10 TIF Revenue Conclusions 11 List of Tables and Exhibits Table 1. Taxable Value of Land & improvement, 2 TIF District - 2000 2 Table 2. Tax Rates for Participating Jurisdictions 3 Table 3. Waterfront Properties by Location and Value within the TIF District 6 Table 4. Average Assessed Land Value by Location 7 Table 5. Average Condominium Assessed Value by Water frontage 8 Table 6. Condominium Properties in the TIF District 8 Table 7. Lake Padre Properties by Tax ID 9 Table 8. Other Non -Exempt Water Front Properties 9 Table 9. Exempt Properties 10 Table 10. Padre Island Growth Rates by Location — 1992-2002 10 Table 11. Scenario 1. TIF District Taxable Value and Revenue, 2001— 2022 11 Table 12. Scenario 2. TIF District Taxable Value and Revenue, 2001— 2022 11 Exhibit 1. TIF Revenue Schedule, Scenarios 1 and 2 12 Table 13. TIF Taxable Value and Tax Revenue Schedule, Scenarios 1 and 2 ($000s) 13 TIP Analysis for North Padre Island - Fetal Page ili GENERAL LIMITING CONDITIONS Every reasonable effort has been made to ensure that the data contained in this study reflect the most accurate and timely information possible, and they are believed to be reliable. This study is based on estimates, assumptions and other information developed by Economics Research Associates from its independent research effort, general knowledge of the industry, and consultations with the client and the client's representatives. No responsibility is assumed for inaccuracies in reporting by the client, the clients agent, and representatives or any other data source used in preparing or presenting this study. No warranty or representation is made by Economics Research Associates that any of the project values or results contained in this study will actually be achieved. Possession of this study does not carry with it the right of publication thereof or to use the name of "Economics Research Associates" in any manner. No abstracting, excerpting, or summarization of this study may be made. This study may not be used for purposes other than that for which it is prepared. Exceptions to these restrictions may be permitted after obtaining prior written consent from Economics Research Associates. This study is qualified in its entirety by, and should be considered in light of, these limitations, conditions and considerations. INTRODUCTION Economics Research Associates (ERA) was engaged to provide the City of Corpus Christi with estimates of tax increment revenues in the proposed North Padre Island Tax Increment Finance (TIF) district. ERA understands that estimated future tax revenues from the district will be targeted to fund a portion of the development cost of funding the North Padre Island Damage Reduction and Environmental Restoration Project. This forecast makes use of data provided by the City of Corpus Christi and the Nueces County Appraisal District covering property tax rates, assessed values, and actual historic taxes paid for the defined TIF district. Data from these sources have been assessed to generate a reasonable estimate of potential tax increment revenue. This report is independent from an earlier report prepared by ERA in the year 2000. This report does not assume any major development in North Padre Island and uses a different methodology to forecast tax revenue in the TIF District. Some numbers are rounded and might differ from the original database. Although every possible effort has been made to present correct information, some errors might be present due to handling of large data sets in a short time period. However, ERA believes that the results are reasonable and concur with the data available. ERA would like to thank all staff members at the City of Corpus Christi and the Nueces County Appraisal District for providing us with data in timely fashion that ensured preparing a comprehensive report. TRA APPROACH The approach followed by ERA first defines the current baseline assessed and taxable value of the proposed TIF district, using assessment information for land and improvements provided by officials with the City of Corpus Christi and the Nueces County Appraisal District. ERA understands that the base year for the district is calendar year 2000. From this base year value, ERA generates two sets of TIF revenue inputs: • Forecast growth in the taxable value of currently existing buildings and vacant land in the district over a 20 -year period using constant growth rate for all types of properties. • Forecast growth in the taxable value of currently existing land and development in the district using variable growth rates based on location within the district. Growth in assessed values and taxes paid for current improvements and vacant land, as well as new development, beyond levels defined in the base year constitute the increment in property tax revenue that can be captured for potential use in the Packery Channel project. Working with officials at the Nueces County Appraisal District, City officials provided ERA with year 2000 assessed and taxable values for all land and improvements in the proposed TIF district. The following table indicates that the district currently contains vacant land and improvements amounting to $85,870,603 in taxable value. The table breaks down values between home site and non -home site land and improvements, as well as exemptions and adjustments, to arrive at a total taxable value. Exemptions and adjustments are made for homestead, disabled individuals and veterans, and people over 65. Preliminary assessments for 2001 are $98,153,611 and for 2002 $107,588,794. Table 1. Taxable Value of Land & Improvement, TIF District - 2000 Category valve Land --Home Site $5,491,354 Land—Non-Home Site $23,947,556 Improvements — Home Site $42,200,590 Improvements —Non -Home Site $17,684,297 Sub -Total $89,323,797 Exemptions & Adjustments $3,453,194 Total Taxable Value $85,870,603 Source: Nueces County Appraisal District Looking further at the above table, ERA determined that home site improvements include single-family homes as well as higher -density condominium projects on the seawall. This distinction is important because home site land accounts for only 18% of total land assessed value, but home site improvements account for 70% of total improvements. Participating Jurisdictions Four jurisdictions are contributing 100% into the tax increment fund for the whole period starting in 2001 through 2022. One jurisdiction, Del Mar Jr. College, is contributing 100% into the tax increment fund for the first 5 years, 80% for the sixth year, 60% for the seventh year, 40% for the eighth year, 20% for the ninth year and 0% thereafter. Three jurisdictions will not participate: Flour Bluff Independent School District (ISD), Port of Corpus Christi and Fire District #2. The following table shows tax rates schedule per $100 of taxable value. Table 2. Tax Rates for Participating Jurisdictions Jurisdictions Providing ALL 2001-2005 2006 2007 2008 2009 2010-2022 Increment Jurisdictions City of Corpus Christi Farm to Market Rd. County Hospital Del Mar Jr. Collage Nueces County Port of Corpus Christi Flour Bluff ISD Fire District #2 0.644175 0.005238 0.228028 0.21988 0.350242 0.002117 1.526197 0.022200 0.644175 0.644175 0.005238 0.005238 0.228028 0.228028 0.21988 0.175904 0.350242 0.350242 0.644175 0.005238 0.228028 0.131928 0.350242 0.644175 0.644175 0.005238 0.005238 0.228028 0.228028 0.087952 0.043976 0.350242 0.350242 0.644175 0.005238 0.228028 0 0.350242 TOTAL 2.998077 1.447563 1.40359 1.359611 1.31564 1.27166 1.227683 Note: Assuming tax rates do not change Mum: Nueces County Appraisal District, City of Corpus Christi Regarding the above tax rates, local officials indicated that they did not expect to see unusual growth in the above tax rates in the near future. Following standard TIF modeling guidelines, ERA has taken the above tax rates and held them constant for the duration of the 20 -year T1F model. With tax rates held constant, key drivers of the forecast become rates of appreciation for existing improvements and vacant land. Methodology In order to estimate a reasonable tax revenue flow, ERA made the following assumptions: • Base tax year is 2000 • 2002 tax rates for each participating jurisdiction are assumed fixed for the whole period (through 2022) • Tax increment fund starts in 2001 • End of TIF district is 2022 • Packery Channel will be completed in 2004 • The TIF district tax revenue flow is completely independent of any potential major development that could potentially have a great impact on other developments and land value. • First to Increase: Value of land and current developments with water frontage in the District excluding beach properties will be the first to increase in value due to the opening of Packery Channel, as it would provide direct access to the Gulf of Mexico. • Magnitude of Increase: Water front properties (vacant land) in the District excluding beach properties will have the greater increase in value compared to properties without water frontage. It is assumed that the value will approach the value of vacant beach properties. Based on the above assumptions, ERA compiled data from the City of Corpus Christi and the Nueces County Appraisal District to estimate current land and improvement value by location in the District. Using Tax ID data, ERA aggregated properties based on their location by defining 4 distinct locations: • Beach • Lake Padre • Other water front properties • Non -water front properties After linking each property to a location, total assessed and taxable values were calculated for each location. Value comparison was established and was later used to estimate growth rates for properties within the District. ERA also aggregated all values of properties on North Padre Island for the past 10 years to estimate an average calculated average growth rate (CAGR) for the island. This CAGB was then applied in the forecast model. Tax rates from the participating jurisdictions were then applied to estimate tax revenue flows. TIF REVENUE ANALYSIS Summary Two scenarios were developed and are presented in this report. The first scenario applies an annual growth rate of 9% from 2003 through 2012, and 3% annual growth rate from 2013 through 2022 for all properties within the TIF District. The 9.1% annual growth rate represents the CAGR of the assessed values of all properties on Padre Island from 1992 through 2002. The second scenario applies different annual growth rates for each property type in the TIF district. Waterfront properties on Lake Padre, the canal and on the proposed Packery Channel are estimated to grow at an annual rate of 24% between 2003 and 2007. During the same period, Beach properties and non -waterfront properties are assumed to grow at 9.1%. From 2008 through 2022, all properties are estimated to grow at the inflation rate of 3% per annum. The 24% annual growth rate represents the estimated CAGR of the total taxable value of TIF properties within the five participating jurisdictions from 1996 through 2001. The two scenarios are conservative and do not assume any new development From 2001 through 2022 and using 2000 as the base year, the first scenario generates a total tax revenue of $63.4 million of which $38.9 million is the T1F revenue. The second scenario generates a total tax revenue of $55.9 million of which $31.3 million is TIF revenue. A detailed analysis follows. Real Estate Market Discussion Economics Research Associates conducted a number of telephone interviews with accredited realtors in Corpus Christi and Padre Island. The general consensus has been that over the past three years demand for good properties, defined as those in good repair, modern appliances, visually appealing and have good access, has increased remarkably. This increase in demand, the limited supply, and a strong market let to an increase in prices. The demand for weekend and seasonal homes from residents of large Texan cities, such as Dallas, Houston and San Antonio is also pushing prices upward. Aging baby -boomers and a healthy economy had lead to strong demand of retirement and seasonal homes in Padre Island. This demand has exceeded the markets ability to supply more housing units. Another factor in the escalation of price and demand is speculation regarding the Packery Channel, which would connect Lake Padre and the Packery Channel to the Gulf of TIF Analysis for North Padre Island — Final Palle 5 Mexico. The Channel is perceived as a convenient way to provide access to the Gulf of Mexico from Lake Padre and the intercoastal areas. Some realtors indicated that Lake Padre properties would be more attractive to sailing enthusiasts that would need to be east of the 22 -foot bridge to benefit from the Channel. This is assuming a marina is developed on Lake Padre. Properties without water access, known among realtors as dry or interior properties, on Padre Island can demand a $10,000-$15,000 premium over comparable properties in the city. Some realtors indicated that the difference in price between water -accessible and dry properties on Padre Island is too great to characterize. When asked about Port Aransas and how the market compares to Padre Island. Most realtors indicated that properties in Port Aransas, 20 miles from Corpus Christi, are overpriced and are not comparable in quality. Realtors also indicated that Padre Island has strong attributes and character that would attract investors to develop resorts, something that Port Aransas lacks. TIF Waterfront Properties 2002 Using the micro level data (property tax records) obtained from the City of Corpus Christi and the Nueces County Appraisal District, ERA was able to compile waterfront properties in the TIF District by location and type. The TIF District has 1,930.08 acres with a total assessed value of $107.59 million in 2002. Approximately 51% of land have or will have (after the opening of the Packery Channel) water frontage or 977 acres. Approximately 203 acres or 21% of water front properties are exempt properties. The waterfront properties have a total assessed value of $65.1 million and a total taxable value of $60.6 million. The following tables show waterfront properties by location, land value, improvement value, total exemptions, taxable value, and acreage. Table 3. Waterfront Properties by Location and Value within the TIF District Type Acres Land Value Improvement Total Assessed Taxable Value Value Value Condos Beach 13.45 52,450,499 528,962,543 531,413,042 529,048,886 Across from the Beach 3.61 5281,352 53,902,799 54,184,151 53,533,871 Other -Lake Padre, Canal 10.93 51,459,001 511,600,220 513,059,221 511,503,641 Lake Padre 470.66 54,591,013 $938,742 55,529,755 55,517,325 Beach 53.20 52,577,105 54,355,083 56,932,188 $6,932,188 Exempt 202.86 50 50 $0 50 Other 222.24 52,517,234 51,669,836 54,187,070 54,054,928 TOTAL WATER PROPERTIES 976.95 $13,876,204 551,429,223 $65,305,427 560,590,839 Source: Nueces County Appraisal District, Economics Research Associates TIF Analysis far Nath Padre Island — Final Page 6 Most of the condominium properties are older developments dating to mid 1980s especially the ones with a beach frontage. Most of the properties on Lake Padre are parcels of vacant land. The other non -classified properties are parcels located on the Canal and what would be on the Packery Channel. Land value, as expected, increase as it approaches the Beach. The most expensive land parcels are those of condominium with beach frontage with over $180,600 per acre. The second highest, on average, are condominium properties on Lake Padre with $133,500 per acre followed by condominium properties located across from the Beach. As expected developed land, although with indirect beach frontage has more value than undeveloped beach parcels. It is plausible to assume that the value of land parcels with beach frontage would more than quadruple in value after it is developed. The following Table shows average assessed value per acre by location. Table 4. Average Assessed Land Value by Location Type Acres Average Land Value ($!Acre) Waterfront Prenetties Condos Beach 13.45 $180,623 Across from the Beach 3.61 $77,840 Other - Lake Page, Canal 10.93 $133,448 Lake Padre 470.66 $9,754 Beach 53.20 $48,442 Exempt 202.86 $0 Other 222.24 $11,327 TOTAL WATER PROPERTIES 976.95 $17,897 Note: Total average land value excludes exempt properties Source: Nueces County Appraisal District, Economics Research Associates There are 16 condominium developments in the TIF district, of which four are located on the beach, three are located across from the beach and the remainder is located on Lake Padre, the canal and Packery Channel. The most expensive condominiums are those with a direct beach frontage. The following table shows average assessed value per condominium by water frontage location Table 5. Average Condominium Assessed Value by Water frontage Type Total Condo Units Average Condo Assessed Value Condos Beach Across from the Beach Other - Lake Padre, Canal 324 115 399 $96,305 $36,384 $32,730 Soura: Nueces County Appraisal District, Economics Research Associates The following table shows condominium properties by location, acreage, number of units, and average condominium assessed value. Table 6. Condominium Properties in the TIF District Property Name Water Frontage Location Acreage Total Total Land Improvements Value Total Assessed Value Total Taxable Value El Constante Beachfront 3.05 Padre Island- Beachfront 4.78 Gulfstream La Casa Del Sol Lake Padre 0.70 Lakeshore Villas Lake Padre 1.26 Leeward Isles Lake Padre 2.58 Leeward Cove Lake Padre 0.61 Lorimar Place Canal - 2 0.43 blocks from beach Mystic Harbor Packery Channel Seahorse Across the street from Beach Nautilus Galleria Across the street from Beach Pirates Crossing & Lake Padre Seascape Villa Portofino Beachfront Mariners Cay Canal - 2 blocks from beach Padre Island - Across the Surfside street from Beach Padre Isle - Island Beachfront House Sand Dollar Canal $531,178 $5,317,124 8885,669 $13,272,754 $94,134 8889,071 8153,552 $1,586,544 8168,810 82,761,688 $75,632 $585,521 871,650 $303,335 $5,848,302 $5,581,554 $14,158,423 813,239,239 8983,205 $983,205 $1,740,096 $1,459,835 $2,930,498 $2,897,168 8661,153 8646,153 $374,985 $374,985 0.94 $122,904 81,185,002 81,307,906 $1,175,954 1.03 878,814 $1,189,358 $1,268,172 31,017,892 1.03 867,502 $1,219,289 $1,286,791 $1,051,791 0.53 8184,591 81,233,405 $1,417,996 $1,337,959 2.31 8483,538 85,372,008 $5,855,546 85,130,665 3.51 8539,544 $2,497,196 83,036,740 $2,261,740 1.55 $135,036 $1,494,152 $1,629,188 $1,464,188 3.31 $528,142 54,812,272 $5,340,414 $5,097,429 0.37 $48,184 8558,458 8606,642 $366,642 Number Avg. of Units Condo Value 69 884,758 130 8108,911 24 $40,967 24 872,504 87 833,684 16 $41,322 10 $37,499 32 840,872 26 $48,776 45 828,595 36 $39,389 53 8110,482 136 $22,329 44 $37,027 72 $74,172 34 817,842 Total 27.99 $4,168,880 $44,277,177 548,446,057 $44,086,398 838 557,812 Source: Nueces County Appraisal District, Economics Research Associates CRA Beach properties other than condominiums are made up of 31 vacant parcels and one developed parcel which is the Holiday Inn with an assessed value of $4.5 million. There are 12 vacant parcels that range in size from one to approximately seven acres with the largest being 6.98 acres. Most of the remainder parcels are approximately half an acre. There are 10 (0.51 acres) parcels that are valued at $56,250 each or an average of $110,294 per acre. These are the most valued parcels on the beach. The next three tables summarize properties by Tax ID. The first table lists all properties on Lake Padre, the second table shows all other (Canal, Packery Channel, non -classified) water front properties that are non-exempt and the last table shows all exempt properties. Table 7. Lake Padre Properties by Tax ID TAX ID Total Land Total Total Total Acreage Assessed Taxable Value value Value Improvements 6180- 51,636,741 $820,671 52,457,412 52,444,982 20.85 6185- $1,136,341 50 51,136,341 $1,136,341 23.75 6175- $225,114 565,880 $290,994 5290,994 5.01 6125- 51,309,302 $52,191 $1,361,493 $1,361,493 286.05 6195- 5283,515 SO $283,515 $283,515 135 Total 54,59.1,013 $938,742 $5,529,755 $5,517,325 470.66 Source: Nueces County Appraisal District, Economics Research Associates Table 8. Other Non -Exempt Water Front Properties TAX ID Total Land Total Total Value Improvements Assessed Value Total Acreage Legal Description Taxable Value 3730- $152,759 5111,409 $264,168 5264,168 8.05 Island Fairway Estates 4793- $791,199 $276,447 51,067,646 51,067,646 6.75 Mariners Cay Lots 6170- $584,752 $0 $584,752 $584,752 7.58 PADRE ISLAND SEC B 6205- 5735,000 50 5735,000 5735,000 60 PADRE ISLAND SEC 18 1115- $174,019 $0 $174,019 $174,019 138.86 BRYAN WM SUR 606 LS 64, 129.964 ACS ICL 1717- 579,505 $1,281,980 51,361,485 51,229,343 1.00 Compass Townhomes - 13 units Total $2,517,234 $1,669,836 $4,187,070 $4,054,928 222.24 So^ urce: Nueces County Appraisal District, Economics Research Associates Table 9. Exempt Properties TAX ID Name Acreage 111500000010 STATE OF TEXAS 138.87 111500000050 STATE OF TEXAS 4.03 373000030050 FLOUR BLUFF IND SCHOOL DI 6.5 616500451400 CITY OF CORPUS CHRISTI 3.46 619000000005 STATE OF TEXAS 0 625200000010 NUECES CO 20 625200000020 NUECES COUNTY TRUSTEE 30 Total 202.86 Source: Nueces County Appraisal District, Economics Research Associates Growth Rates Using available data, ERA conducted trend analysis for various areas to establish a trend in property growth rates on Padre Island and in the participating jurisdictions. These growth rates are later used in the forecast models to estimate TIF revenue. Padre Island Using micro level data, ERA compiled the assessed values for all properties in North Padre Island from 1992 to 2002. In 1992, total assessed value for properties on Lake Padre and on the beach were high and decreased in the following years. This is the main reason for the negative CAGR for beach properties and the small figure (less than one percent) for Lake Padre properties for the 10 -year period. North Padre Island, in total, including waterfront and non -waterfront properties had a CAGR of 9.1%, i.e., properties grew on average 9.1% per year between 1992 and 2002. The following table summarizes growth rates for Padre Island by location of properties. Table 10. Padre Island Growth Rates by Location —1992-2002 Year Padre Island Waterfront Lake Beach Other Non - (All Properties) Condos Padre Waterfront Waterfront CAGR 1992-2002 9.10% 5.99% 0.77% -3.96% 2.03% 10.19% CAGE. 1993-2002 10.14% 7.27% 5.45% -2.30% 2.39% 11.06% Source: Nueces County Appraisal District, Economics Research Associates TIF Revenue Conclusions The following tables summarize the TIF District's estimated taxable value, grand total tax revenue and the incremental tax revenue from 2001 through 2022. Scenario 1 reflects an overall average annual growth rate of 9.1% from 2003 through 2012 and an annual growth rate of 3% from 2013 onwards. Scenario 2 reflects annual increase in taxable value of 24% for properties on Lake Padre and other water front properties excluding beach properties. Beach properties, existing condominium properties and properties without water frontage increase 9% in taxable value from 2003 through 2007 and 3% from 2008 onwards. Table 11. Scenario 1. TIF District Taxable Value and Revenue, 2001— 2022 2001-2005 2006-2010 2011-2015 2016-2020 2021-2022 Taxable Value $590,873,474 $909,709,774 $1,300,406,021 $1,523,320,994 $675,226,929 Grand Total Tax Revenue $8,553,266 511,899,730 $15,964,864 $18,701,553 $8,289,646 Incremental TIF Revenue $2,338,110 $6,251,011 $10,693,770 $13,430,459 $6,181,209 Accumulated TIF Revenue $2,338,110 $8,589,122 819,282,891 $32,713,350 $38,894,559 Source: City of Corpus Christi, Nueces County Appraisal District, and Economics Research Associates Table 12, Scenario 2. TIF District Taxable Value and Revenue, 2001— 2022 2001-2005 2006-2010 2011-2015 2016-2020 2021-2022 Taxable Value $601,808,948 $912,635,163 $1,072,871,721 $1,243,752,371 $551,305,402 Grand Total Tax Revenue $8,711,564 $11,971,610 $13,171,464 $15,269,336 $6,768,283 Incremental TIF Revenue 82,496,408 $6,322,891 $7,900,370 $9,998,242 $4,659,845 Accumulated TIF Revenue $2,496,408 $8,819,299 $16,719,669 $26,717,912 $31,377,757 Source: City of Corpus Christi, Nueces County Appraisal District, and Economics Research Associates ERA The following exhibit shows the growth in the TIF revenue from both scenarios. Exhibit 1. TIF Revenue Schedule, Scenarios 1 and 2 S3008 Opal $2100 -6-11roperk1 - 06490611r2 01000 0500 00 2001 21102 2002 200/2003 2006 2007 2000 20119 2010 2011 2 02 2012 2914 2015 2016 2017 2010 2010 2020 2021 21)22 TIF Analysis for North Padre island — Final Page 12 CRA The following table shows taxable values, grand tax revenue and incremental TIF revenue from the two scenarios in thousands of dollars. Table 13. TIF Taxable Value and Tax Revenue Schedule, Scenarios 1 and 2 - 2001-2022 ($000s) YEAR TAXABALE VALUE GRAND TAX TIF REVENUE REVENUE Scenario 1 Scenario 2 Scenario 1 Scenario 2 Scenario 1 Scenario 2 2001 $98,514 $98,514 $1,426 $1,426 $183 $183 2002 $107,589 $107,589 51,557 $1,557 $314 $314 2003 $117,376 5118,803 $1,699 51,720 $456 $477 2004 $127,940 5131,379 $1,852 $1,902 $609 $659 2005 5139,455 $145,524 52,019 $2,107 $776 $864 2006 $152,006 $161,483 52,134 $2,267 $928 $1,061 2007 $165,686 $179,546 $2,253 $2,441 $1,085 $1,274 2008 $180,598 $184,932 $2,376 $2,433 $1,246 $1,303 2009 $196,852 $190,480 $2,503 $2,422 $1,411 $1,330 2010 $214,568 $196,194 $2,634 $2,409 $1,580 $1,354 2011 $233,880 $202,080 $2,871 $2,481 $1,817 $1,427 2012 $254,929 $208,143 $3,130 $2,555 $2,075 $1,501 2013 $262,577 $214,387 $3,224 $2,632 $2,169 $1,578 2014 $270,454 $220,819 $3,320 $2,711 $2,266 $1,657 2015 5278,567 $227,443 53,420 $2,792 $2,366 $1,738 2016 $286,924 $234,266 $3,523 52,876 $2,468 $1,822 2017 $295,532 $241,294 $3,628 $2,962 $2,574 $1,908 2018 $304,398 $248,533 $3,737 $3,051 $2,683 $1,997 2019 $313,530 $255,989 $3,849 $3,143 $2,795 $2,089 2020 5322,936 $263,669 $3,965 $3,237 $2,910 $2,183 2021 $332,624 $271,579 $4,084 $3,334 $3,029 $2,280 2022 $342,603 $279,726 $4,206 $3,434 $3,152 $2,380 TOTAL 563,409 $55,892 S4,999,537 54,382,374 538,895 531,378 Source:, City of Corpus Christi, Nueces County Appraisal District, and Economics Research Associates Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT B Map: Existing Uses and Conditions in the Zone Padre Island Tax Incremen Financing District (TI ♦ ..„%„" ,` _ 4•"41,•4i �/ i Iiiiuuun �� .•IIIA ,II��;rli% �iiiiiiif i� I ��y,•hr�,rir� :��iiiiiiilii: ,1'11 `Irk I :: 411N aµ11111111 : HIII1ifatl/111111 11114.44,1,120:5:z ti .44 pe11111tl %it t 111 �: 11111 ini aallaalaati 1411111111811 7- -1 ��I1111/111111/11 � L a� a nnn4lunu•, ► 4►*l 1'w,yp11puluP11 s •eJ� coy.i 1001 toad 301 Scale In Feet Copyright 19$9-2001 City of Corpus Christi Padr:j Balli Co f ty Park Texas Nuece ounty LEGEND 1111 T1F-Area (total acreage 1430.08) — — Corpus Christi City Limit Line — — — ` TIF Area Boundary Line HV I5MAROI City Of Corpus Christi, Planning Department Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT C Map: Proposed Improvements and Proposed Uses of Real Property In the Zone Padre Island Tax Increment Finance District Medium -Density Residential High Damply Residential 1 MWoik Hanle Veunl 1", Public Sem,Publk On�nege Condor ;$.;: Pro(eaelonal Office Wrurel 4n. 1 Comm.rc.i Park -� GEO Industrial Low•Deneity Rasiden 1 I Heavy Irdumlel Source: Department of Development Services Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT D Project Costs and Estimated Cash Flaws Reinvestment Zone Number Two City of Corpus Chriatf, Taxes Packery Channel Project Costs and Funding Land, easements, ROW Demolition Utility relocation Site preparation Reach 2 Mobilization & demobilization Dredging Reach 1 Mobilization & demobilization Dredging Overdepth Placement in placement areas Concrete bulkheads Anchored concrete bulkheads Containment sheetpilelcap Sand bypass pipe Bridge scour protection Jetty construction WaAcway curbing Concrete walkway Planning, engineering & design Construction management Maintenance dredging reserve(a) Mitigation costs Mollie Beattie monitoring Parking lot(b) Parks & recreation center(b) Financing, contingency reserves & rounding Funding Sources Corps of Engineers Series 2003 Bonds Series 2004 Bonds Series 2005 Bonds UtINty and Land Credit General Land Office Grant Surplus Tax Increments or Bonds(b) (a) (b) Total Zone Two Corps of Engineers $236,200 20,834 104,073 74,219 486,881 602,939 1,348,383 2,912,120 425,236 483,774 1,382,386 2,369,894 0 0 321,421 743,041 9,738,800 0 1,502309 2,737,680 1,817,640 1,400,000 1,250,000 541,000 750,000 2,000,000 1,410,683 *82,670 7,292 38,428 25,977 0 170,408 211,029 0 471,934 1,019,242 148,833 169,321 483,835 829,463 0 0 112,497 260,064 3,408,580 0 525,808 958,188 638,174 1,400,000 437,500 189,350 750,000 2,000,000 1,410,683 5153,530 13,542 67,647 48,242 0 316,473 391,910 0 878,449 1,892,878 278,403 314,453 898,551 1,540,431 0 0 208,924 482,977 6,330,220 0 976,501 1,779,492 1,181,466 0 812,500 351,650 0 0 $34,659,513 $15,745,274 *18,914,240 2,500,000 4,300.000 4,330,000 340,273 1,275,000 3,000,000 $2,500,000 4,300,000 4,330,000 340,273 1,275,000 3,000,000 $18,914,240 *18,914,240 *34,659,513 *15,745,273 Manlntenance dredging reserve eilher to be financed from the proceeds of Series 2005 Bonds or as funds become available from surplus tax increments, or a combination thereof. Parks & recreation center and partdng lot to be financed as funding becomes available from surplus tax increments or bonds, or a combination thereof *18,914,240 10 i m EA" U ERA ggl ggq I . rota i Ily NO4 1 1 1 tz 1/ � R 8 Y Ei F_ B A R_pp E UMpp1 §§ pgg8 Rpp kpp gpg, 8§ §8 §8 g g § 5k �O § LL]�[NV N §§§§ § § § §,§ § 4 r r N Nm7vi 0) 0)0)0)0)01 mmm0) N ON00N r0000?,.5, 02S0.0500L5 H_E_K 4-l440((0I1 0101( nnaonnt�+�n�jnr-�((my7 {pop N[� REZEdGaa3r NQ Q 4')n1§ii 1SS880531 00 §�00 § aCnnnnnnm pp et Ny-�(CNpp 0)0) m m m mm VIA) 040 W`rn11� n N N N N N N r r r r 4- r ....... N N N N F§§8§§§§§§§§8$§§0§§00§ m v0)to oAomti m v ofao �nn'n')mE1 'r)n00000§§§§§0 Nn NNO) m ER5W1 8000§0000 r r N N m m m m m m m m m m m N n 4r N0)' u) 0)n(0a) RRI N C')(V CYAA (V N N EMNO 111 Y -3. igIc W � J a W 18o Y Ziff 0 4 � ozti CY 32 Ea 0.0 O p N F I YI lif pp7 ifs R F A I O g i i” O N li i C4 Nq�q aD CO COWN T� pI N 4- P. A o o O O O O 0 O 0 O O O O O O O O O W �} ti fE70 ROJ gC4 N v 0 o o M$ O R S g 0 g M a n g g ri o m N oop N N W IH o m o 1z N m WT w R W Y YNI��CO me0N104•W NrI`rEV.. a+ r r r r ROOOO N7 !OR r10 W 000 0 8 O O 0 W A W 4@ R P] W IG N o S Id N N N N r W r r r N N N r N 0 000aaoao oO��e,��lo����lalolo O "§4k0— .I4p USom MQ W 0a�1Op$O N I`/ IV 01 01 01 1 01 N N N N N N N N N N N 01 N N 8 8 0 0 0 0 O 0 0 0 0 0 0 0 0 0 N N N N N N 04 04 N N N N N N N N N {V N N N 3 8 co 8 e MDN 2/20/03 Padre Island Tax Increment Finance District 7,m ririal 5111, : - VII I nrca:,a �a•�iaie5S7 lnmmml- annmml : M1MUM: = plmnmm�► llllllllllllll :x:.111111■11►U .t(01 ...•� 1 1 1 1 1 1 1 1 1 1 1► ° 11111111111111111111►1►4 Source: Department of Development Services CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 Printing Date: 8/26/2009 File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\tirz2.mxd Prepared By: MikeN © City of Corpus Christi, Texas 0 1,500 3,000 ■ 6,000 Feet CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 Current Land Use Legend QTIRZ#2 Drainage Corridor Professional Office Current Land Use Park Commercial / Vacant Low Density Residential P.A Public -Semi Public; PSP Water %//, Medium Density Residential _ Light Industrial Natural Area High Density Residential _ Heavy Industrial / tits Wetland Mobile Home / / Printing Date: 8/26/2009 File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\clu.mxd Prepared By: MikeN © City of Corpus Christi, Texas 0 1,450 2,900 5,800 Feet CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 Zoning F -R SCO F-R/IO B=2A/I MS P/917-09 R-2 a1�unuizit/ 'G....too T1111111111 ,.r','m,r�rmr4.;r�ir,afi:1 l�r•s,,•'• • .• ♦ 1111111111s�.t•:2,ft:d T lupi /1id':1 ,%%,i01�u.��..umnn.�'i%"iZ►Jp'0%i%�V. ,,,",r'ri„:0nL441:111:1111111111141. :p:.Ii1.n1n�R:.1.�'.1,B4nnit , 44 a (nnmmi ...... 11 11 11111 11 11 1111 I 111111111111111=1 M11111111111=_ QIIIIIIIIIIII onitoin ..am11nN r 11111111111 Ar i _44 B/I.O AT/IO f IO '& AjTi/1OAP �� /R -1 B-2/,10 / B{2'A/IO�,, R_1BLP�UD-1131P B(2/10`.�� IIISNIIID!'lllll , illll!;illlllll��� B/1O #',,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, '1 ,III►•• ,,,,, , ,,, AT/SP/01-11 Legend TIRZ #2 Zoning 0 Printing Date: 8/26/2009 File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\zoning.mxd Prepared By: MikeN © City of Corpus Christi, Texas 1,350 2,700 5,400 Feet CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 Future Land Use 0 Legend TIRZ #2 Future Land Use Conservation/Preservation Water Natural Area Wetland Vacant AR PeS1 Drainage Corridor Park Estate Residential Low Density Residential Medium Density Residential High Density Residential Mobile Home Professional Office Commercial Research/Business Park Tourism 177) Public -Semi Public ▪ Light Industrial ▪ Heavy Industrial Printing Date: 8/26/2009 File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\flu.mxd Prepared By: MikeN © City of Corpus Christi, Texas 0 1,375 2,750 5,500 Feet 11111 PHASE 1 - SEAWALL PARKING LOT RESTROOMS 11111 PHASE 2 - PACKERY CHANNEL PARKING & OVERLOOKS (NORTH & SOUTH SIDES) PHASE 3 - PACKERY CHANNEL RESTROOMS (NORTH & SOUTH SIDES) PHASE 4 - ADA RAMPS TO JETTIES (NORTH & SOUTH SIDES) PHASE 5 - PACKERY CHANNEL PAVILION (NORTHSIDE) PHASE 6 - ADMINISTRATION & MAINTENANCE BUILDING PHASE 7 - ADA PARKING LOT IMPROVEMENTS AT JETTIE RAMPS PACKERY CHANNEL SIX PACK PROJECT LOCATION MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10/08/2013 Windward @ St. Augustine Crosswalk 00- GLO LEASE TRACT 1 V1 y MIN. FUTURE 28 PARKING SPACES (BY OTHERS) r GLO LEASE TRACT 4 -fir SCALE : 1- = 400' GULF OF MEXICO toxo' OWE NIOECIION WE ITT—rT--1— 7—TZ I Tr 1117 TTI IST 1 T JAN. 7, 2002 GLO LEASE TRACT 5 THIS DOCUMENT IS RELEASE FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF ANGEL R. ESCOBAR, P.E. 41205 ON NOVEMBER 7, 2001 THIS DOCUMENT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES PLAN : NORTH AND SOUTH ACCESS TO PACKERY CITY OF CORPUS CHRISTI ENGINEERING SERVICES DEPARTMENT CITY PROJECT NO. 5122 REV. 1 ATTACHMENT No.2 Sheet 1 of 6 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT THIS DOCUMENT 1S RELEASE FOR THE PURPOSE OF INTERIM RENEW UNDER THE AUTHORRY OF ANGEL R. ESCOBAR, P.E. 41205 ON NOVEMBER 7, 2001 THIS DOCUMENT 15 NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES OVERALL PLAN - REACH 1 CITY OF CORPUS CHRISTI ENGINEERING SERVICES DEPARTMENT r rPROPOSEDI EN SCTION IMPROV \ 59 PROPOSED ROAD AND INTERSECTION IMPROVEMENTS 2? :H\ 91 fil'ax :.w t., m. Tux Me tY } l� e\e'l Isle"\ z (21Z I c o 3 J 0 Z \ : QoW e\e‘ C7 O eke. NN�,,> + — O e\el 1• o<Livt- 0 co 0) SCALE : 1" = 100' THIS DOCUMENT IS RELEASE FOR THE PURPOSE OF INTERIM RENEW UNDER THE AUTHORITY OF ANGEL R. ESCOBAR, P.E. 41205 ON NOVEMBER 7. 2001 THIS DOCUMENT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. DEC. 13, 2001 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES PLAN VIEW CITY OF CORPUS CHRISTI ENGINEERING SERVICES DEPARTMENT CITY PROJECT NO. 5122 REV. 1 ATTACHMENT No.2 Sheet 3 of 6 GLO LEASE TRACT 2 PMIN' :P---14n AC PROPOSED-1 RO KING SP POSES ES pep4►►► 1111 / n►►mmp11 £ 10b211 3SV31 010 SCALE : 1" = 100' 140 70+00 T ? 83.54 STA. 112+95 65 TA.17 d6 750 x(0 R x x LA 1801-00 4 1850 THIS DOCUMENT IS RELEASE FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF ANGEL R. ESCOBAR, P.E. 41205 ON NOVEMBER 7, 2001 THIS DOCUMENT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. DEC. 13, 2001 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES BEACH PARKING NORTH & SOUTH OF JETTIES CITY OF CORPUS CHRISTI CITY PROJECT ENGINEERING SERVICES DEPARTMENT NO. 5122 REV. 1 ATTACHMENT No.2 Sheet 4 of 6 p.l. i� ele" x eleV / L x 4.5 pROPOSED / IMpgoVEOEN7S EXISTING ROAD / ),P 4.1 • cLis, r AMP r x 7.7 CONC. WALK RAMP to 0 crt x 3.v 1 / / x3.0 I� I � xel �J I / i i i STAIRS X 4.2 0 0 x 4.3 x 4.2 A 1 VENDOR KIOSK AREAS GLO LEASE TRACT 2 0 LJ LE - 0 J 0 GLO LEASE TRACT 3 Coo GEgSF Tj�yCT 3 1 I O 0 1 L� �\ 0 -\� J o 2 o ^� 1 I\ I 0 0 0 0 N LTJ —� SCALE : 1" = 100' THIS DOCUMENT IS RELEASE FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF ANGEL R. ESCOBAR, P.E. 41205 ON NOVEMBER 7, 2001 THIS DOCUMENT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. NOV. 7, 2001 STA. 196+00 STA. 197+83 O 4i END OF PROJECT r r r NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES BEACH PARKING NORTH & SOUTH OF JETTIES CITY OF CORPUS CHRISTI ENGINEERING SERVICES DEPARTMENT CITY PROJECT NO. 5122 REV. 1 ATTACHMENT No.2 Sheet 5 of 6 Q R,o NORTH SIDE 1j1 T 1 r -4,c4 120 r T 1 r T 1 r T I I I I I. I I I 1 I I 1 1 1 1 1 I LIQ 1 J L J I J L 1 J10 L 1 J L 1 J L ___1_ I I I I I I I I I I 1 NORTH SIDE WETLANDS AREA 1 1 1 EL=6.155' , I 1 1 — --t—-F—_1_—L— ,, ,,,w>�--L▪ _—� ��L �i��i•�mi�--1 /.%/ ��---+----� H----+----� H----+---- — —----+----▪ ----+-- ---+- ---1- I I I I I I I I I I I I I I I_� I I I I I I I I�Q I I I IXISnNG G UND I MINOR HEAD 1 I I I- T 1 r T 1 r T 1 r T 1 r T 1 r ___T____1 I 1 1 1 1 1 1 I I I I I I I I I PR+. L-20 1 J L 1 -(01 L 1 J-20 L 1 J L 1 J L J + + + 0 + + + 0 • + 0 0 0 0 o 0 0 o 0 A m b a • a m n tip to a n N OVERLOOK EL= 6.55 PROP. FILL 10 L 0 SOUTH SIDE EXIST. GROUND 20 / rPROP. flLLT , WALL=14.75 [EL=10.25' J L 1 - J1 SEE DETAIL BELOW 270' BULKHEAD IT -10 J PROP. CHANNEL 1 1 J-20 164+00 130' 140' 33' OUTFALL STRUCTURE 1 -- —_L---1- 0 I N — 10 - -- ---H --� EXIST. GROUND 3 - 20 • 64' 25' PARKING AREA INLET T 6<limmimms652435"3"& 1 // , MINOR BULKHEAD WATER EXCHANGE r rt PIPE —14.25 — SIDEWALK EL=5.25' 1 BULKHEAD EXISTING GROUND EL =-1.75' PROP. CHANNEL w J w 10 -J w U J- 0 W U a_ 0 EL = —14.75' NORTH SIDE HORZ. SCALE : 1'' = 10' VERT. SCALE : 1 " = 5' TH6 DOCUMENT IS RELEASE FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF ANGEL R. ESCOB45, P.E. 41205 ON NOVEMBER 7, 2001 THIS DOCUMENT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. NOV. 7, 2001 164+00 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES TYPICAL CROSS—SECTION NORTH PARKING LOT NEXT TO BULKHEAD CITY OF CORPUS CHRISTI ENGINEERING SERVICES DEPARTMENT CITY PROJECT NO. 5122 ATTACHMENT No.2 Sheet 6 of 6 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL January 22, 2019 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 1 Packery Channel South Parking Lot Improvements This project consisted of the demolition of existing facilities, construction of approximately 11,500 square yards of new flexible pavement, parking lot, two concrete driveways, minor water and wastewater improvements, landscaping improvements, lighting improvements, and concrete pedestrian ramp. $640,447 Completed March 2006 Projects Include: Packery Channel Monitoring FY 2008-2009 Complete Packery Channel Monitoring FY 2009-2010 Complete Packery Channel Monitoring FY 2010-2011 Complete 2 Packery Channel South Parking Lot, Landscaping Phase 2 This project consisted landscaping and irrigation improvements to the newly constructed 300 -space parking area including the construction of new planting islands with mexican fan palms, sea grape trees, decorative rock and irrigation. $145,461 Completed March 2008 3 Packery Channel Boat Ramp Parking Lot / Access Road This project consisted of the construction of approximately 17,000 square yards of HMAC flexible pavement parking facility adjacent to the existing Packery Channel Boat Ramp; construction of an access road and related signage and pavement markings, and the installation of 1,000 square yards concrete reinforced pavement adjacent to boat ramp, concrete bollards; minor drainage improvements; 3,500 linear feet of electrical conduits; and minor landscaping. $1,053,176 total project cost. $549,216 from TIRZ #2 Completed July 2009 4 Packery Channel Boat Ramp Dredging This project consisted of dredging approximately 17,800 cy of the Packery Channel Boat Ramp and adjacent area. The work included environmental control measures to prevent erosion and allow for discharge of water from the dredging operations to discharge into the surf of the Gulf of Mexico. Minor amount of stone were installed at the boat ramp to enhance shoreline protection. $431,377 Completed April 2010 5 Packery Channel South Parking Lot Restroom (Phase 1) This project included the construction of restroom facilities at the South Parking Lot at the beach seawall on Windward Drive. The project included separate men and women facilities to with showers, toilets, changing stations, outdoor seating area, and native landscaping. $460,743 Completed July 2010 6 Packery Channel Parking Lot and Overlooks (Phase 2) This project consisted of improvements along the north and south sides of Packery Channel including seven overlook structures, parking lot, access road, pedestrian walkways, storm water structures lighted bollards with electrical receptacles, lighting, landscaping, concrete benches and repairs to shoreline structures. $2 869 224 Completed March 2012 7 Packery Channel Aids to Navigation / Signage This project consisted of lighting improvements to Packery Channel as required for safety and security along with signage to mark no wake zones. Per ISAC, additional funds needed to replace signs following Hurricane Harvey. $64,500 Completed December 2012 7a Packery Channel Aids to Navigation / Signage - Hurricane Harvey Repairs Per ISAC, additional funds needed to replace signs completed in Project 7 following Hurricane Harvey. Revised 2/20/18 $65,000 $7,166 Estimated Completion Feb. 2019 page 1 of 3 1/18/2019 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL January 22, 2019 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 8 Packery Channel Restroom Facilities (Phase 3) This project consists of the purchase and installation of a mobile restroom on the north side of the Packery Channel and adjacent parking lot. The project also includes turn-around and connector to Zahn Road. A mobile trailor restroom on the south side of Packery Channel with wastewater lift station and wastewater 2-inch force main (approximately 2,500 linear feet long) is also being planned. Priority Item. P&R recommends self contained, solar powered mobile units to be placed at Packery Channel Parking Lot, end of Zahn Road and on South side of PC (at a location yet to be determined) Build and Install portable restroom shelters to hold portable restroom units at various locations. Build and Install Portable Shower units on the North and South side of Packery Channel. Board approval of 4 portable restroom facilities at $65,000 each plus 20% contingency and shower facilities at $100,000 total. Revised 2/13/2018 $412,000 $402,000 Solar Powered Units: Complete. Showers: Partial Water line installed Spring '18. In process of coordinating with GLO. 9 Packery Channel Ramps to Jetties (Phase 4) This project includes ADA beach access on the north side and the south side or the channel to provide access from the beach to the restroom, lookouts and parking lots. This project will include the ADA approved mobi-mats on the north side and the south side of Packery Channel to provide access from the beach to the restrooms, lookouts and parking lots. This project was designed as part of the Phase 2 project for parking and overlooks. Priority ITem: P&R recommends a new design for structures since the GLO will not approve construction of parking lots on the beach. For Mobi-Mats per ISAC recommendation. Revised 2/20/18 $35,000 $8,979 Complete 10 Packery Channel Dredging and Beach Nourishment - 2012 The project consisted of dredging approximately 264,300 cubic yards of beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline to the south of Packery Channel, and 15,000 cubic yards of sand from the north to south end of the N. Padre Island Seawall. Dredging schedule to be determined by results of annual study of channel. $1,820,843 Last Completed March 2012 10a Packery Channel Dredging and Beach Nourishment - 2020 The project consisted of dredging beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline. Dredging schedule to be determined by results of annual study of channel. $350,000 Amending project plan today for dredging estimated winter 2020. In permitting process. Waiting to hear from USAGE. 11 Packery Channel Pavilion (Phase 5) This project includes the pavilion expansion adjacent to the north side restroom or north side boat launch. This will allow the deck area around the restroom and some sitting areas for visitors. Design will begin in FY 2016 and construction will follow in FY 2017 dependent upon available funding. P&R recommends further discussion on this item to determine if another amenity would better suit the area. ISAC recommends Pavillion staged at the boat ramp parking lot as well as pavillion like structure on north and south side of the jetty. Revised 2/20/18 $250,000 Estimated completion: Fall 2019. At 90% Design page 2 of 3 1/18/2019 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL January 22, 2019 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 12 This includes 301x 60' building, 201x 201 building $0 Moving-Forward- Negotiations projcct a maintenance a administration and a 100' x 1,000' parking lot near the entrance to the Packcry Channel Lookout Ar s just south of Zahn Road. Priority Item: P&R facility be located to recommends en south side of channel 13 . . - . - This projcct includes parking lets en the beach along the north side and the south side of the channel. Development of this project will be pending USAGE and TCLO approval and Project initiation sched l� lc funds MOVED-TO-ITEM-#9 authorization. pending availability of and completion of previous phases: CLO will not allow this to be built P&R recommends reprogramming the funds. 14 Periodic Survey of Channel Conditions and Shoreline Packery Channel monitoring began in 2003 by Texas A&M Division of Nearshore Research by the U.S. Army Corps of Engineers. They ceased monitoring efforts in 2007 and the City assumed monitoring in 2008. The program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and inland channel segment (shoreline position), elevation measurements across the Mollie Beattie Coastal Habitat Community, and measurement of current velocity in the inland channel segment. $205,000 $1,847,312 (Lifetime Expenses to Date) Amending Project Plan today for 2019 budget. 2018 monitoring complete. 15 Packery Channel Revetment Repair Storm surge, strong currents, and waves from Hurricane Harvey caused damage to the slope protection and adjacent appurtenances along the banks of Packery Channel between the SH 361 bridge and the Gulf of Mexico. Repair concepts will be developed for two alternatives; one to return the project to its approximate pre-storm conditions, and another to upgrade the project to an improved condition that is more resilient to future storm impacts. The City will procure a design consultant through the RFQ process, and the selected firm will prepare the construction plans. Post design, construction will be procured. Added 2/13/18 $600,000 $417,027 Preliminary Engineering Report Complete. In permitting and design phase. 16 Park Road 22 Bridge On February 21, 2017, the TIRZ #2 board met and approved the amendment of using funds from TIRZ #2 to support the construction of two one-way bridges spanning Park Road 22. City Council approved this amendment on February 20, 2018. Added 2/20/2018 $4,000,000 $0.00 Waiting for developer on canals. 17 Beach Crosswalk at St. Augustine & Windward Dr. Per request of the Island Strategic Action Committee: Traffic improvement on Windward Drive at Saint Augustine Drive, for pedestrian crossing on Windward Drive to facilitate access to and from Michael J. Ellis Beach. Scope of work includes: crosswalk, access ramps, traffic signs, and pavement markings. Estimated costs are $23,000 for the crossing and associated traffic improvements; $9,000 for solar powered flashing LED crossing signs. $32,000 $0.00 Pending weather work to begin week of 1/21/19 w/estimated completion Feb. 2019 18 Feasibility Study Per Texas Tax Code Sec. 311.011. Project and Financing Plans. (c) Reinvestment zone financing plans must include (3) a finding that the plan is economically feasible and an economic feasibility study. $50,000 $3,045 In Progress. Will be complete February 28, 2019. page 3 of 3 1/18/2019 City of Corpus Christi - Budget Reinvestment Zone No. 2 Fund 1111 Revenue Detail by Account Account Number Account Description Actual Original Amended Estimated Proposed Revenues Budget Budget Revenues Budget 2016 - 2017 2017 - 2018 2017 - 2018 2017 - 2018 2018 - 2019 Reserved for Encumbrances Reserved for Commitments Unreserved Beginning Balance $ 910,000 6,082,624 $ 990,000 $ 8,260,716 11,957,165 $ 6,992,624 $ 9,250,716 $ 11,957,165 Property Taxes 300020 RIVZ#2 current taxes -City $ 2,055,446 $ 2,307,516 $ 2,307,516 $ 2,307,516 $ 2,412,597 300050 RIVZ#2 current taxes -County 1,037,197 1,164,191 1,164,191 1,164,191 1,171,473 300060 RIVZ #2 current taxes -Hospital 428,228 480,716 480,716 474,497 488,618 300110 RIVZ#2 delinquent taxes -City 28,284 20,753 20,753 19,015 18,998 300130 RIVZ#2 delnquent taxes -Del Mar 20 - 1 300140 RIVZ#2 delinquent taxes -County 15,268 12,040 12,040 10,384 10,500 300150 RIVZ#2 delinqnt taxes -Hospital 6,341 4,927 4,927 4,550 4,600 300210 RIVZ#2 P & I - City 33,489 26,662 26,662 24,958 25,000 300230 RIVZ#2 P & I - Del Mar 22 - 2 300240 RIVZ#2 P & I - County 17,108 14,027 14,027 11,723 12,001 300250 RIVZ#2 P & I -Hospital District 7,108 7,923 7,923 7,180 7,201 Property Taxes Total $ 3,628,510 $ 4,038,755 $ 4,038,755 $ 4,024,017 $ 4,150,988 Interest and Investments 340900 Interest on Investments $ 24,212 $ - $ - $ 78,865 $ 130,000 340995 Net Inc/Dec in FV of Investments (806) 806 Interest and Investments Total $ 23,406 $ - $ - $ 79,671 $ 130,000 Interfund Charges 352000 Transfer from Other Fund $ - $ 757 $ 757 $ 757 $ Interfunds Charges Total $ - $ 757 $ 757 $ 757 $ Revenue Total $ 3,651,917 $ 4,039,512 $ 4,039,512 $ 4,104,445 $ 4,280,988 Total Funds Available $ 10,644,541 $ 13,355,161 $ 16,238,153 Note: Reinvestment Zone #2, commonly referred to as Packery Channel was created pursuant to the Tax Increment Financing Act to facilitate development of the land within the boundaries of the tax increment zone. The Zone became effective on November 14, 2000. The funding source is post -2000 incremental property taxes from taxing units with property within the boundaries of the zone. City of Corpus Christi - Budget Reinvestment Zone No. 2 Fund 1111 Expenditure Detail by Organization Org. Number Organization Name Actual Original Amended Estimated Proposed Expenses Budget Budget Expenses Budget 2016 - 2017 2017 - 2018 2017 - 2018 2017 - 2018 2018 - 2019 11305 TIF02 Projects Infrastructure 12960 Packery Patrol Operations 55000 Principal retired 55010 Interest 55040 Paying agent fees 60010 Transfer to General Fund Expenditure Total $ - $ - $ - $ $ 650,000 32,781 - - 990,000 1,070,000 1,070,000 1,070,000 1,240,000 353,700 309,150 309,150 309,150 261,000 5,694 6,000 6,000 6,000 6,000 11,649 12,846 12,846 12,846 13,929 $ 1,393,824 $ 1,397,996 $ 1,397,996 $ 1,397,996 $ 2,170,929 Reserved for Encumbrances $ 990,000 $ - $ Reserved for Commitments 8,260,716 11,957,165 14,067,224 Unreserved - Closing Balance $ 9,250,716 $ 11,957,165 $ 14,067,224 AGENDA MEMORANDUM First Reading Ordinance for City Council Meeting of April 16, 2019 Second Reading Ordinance for the City Council Meeting of April 23, 2019 DATE: April 1, 2019 TO: Keith Selman, Interim City Manager FROM: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3235 Approving a Developer Agreement for PR 22 Bridge CAPTION: Ordinance appropriating $4,000,000 from the TIRZ #2 Fund for construction of the Park Road 22 Bridge and approving a developer agreement with Diamond Beach Holdings, LLC and Padre Island Holdings, LLC, which certifies the availability of $11,696,319.50 for the construction of the Park Road 22 Bridge and requires the award of the construction contract for the bridge after the third -party canal is completed. PURPOSE: To approve an agreement with Diamond Beach Holdings, LLC and Padre Island Holdings, LLC for development of the third -party canal for the Park Road 22 Bridge. BACKGROUND AND FINDINGS: Diamond Beach Holdings, LLC (DBH) and Padre Island Holdings, LLC (PIH) are the current owners of land adjacent to the proposed location for the Park Road 22 Bridge. DBH and PIH are proposing to build a canal to create a water connection under the Park Road 22 Bridge and provide for connectivity from the existing canal system owned by the Padre Island Property Owners Association to the Packery Channel. The attached agreement lays out the requirements for the proposed bridge and canal project, which requires the City to certify the availability of $11,696,319.50 for the bridge and to award the construction contract for the bridge project after the canal is completed. $11,696,319.50 was the amount of the low bid when this project was previously bid by the City. The construction contract related to that bid was never awarded. The construction contract will be brought back to City Council for approval once the canal is completed. If the lowest bid exceeds $11,696,319.50, the City may terminate this agreement. DBH and PIH will be responsible for connecting the canal under the bridge to the completed canal once the bridge project is completed. ALTERNATIVES: City Council could choose not to approve the agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council authorization to approve an ordinance. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal City Manager's Office FINANCIAL IMPACT: X Operating Revenue X Capital Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget (Operating Fund 1111) $4,000,000.00 $0.00 $4,000,000.00 Line Item Budget (CIP Funds) 7,696,319.50 0.00 7,696,319.50 Encumbered / Expended Amount 0.00 0.00 0.00 This item 11,696,319.50 0.00 11,696,319.50 BALANCE $0.00 $0.00 $0.00 Fund(s): Fund 1111 — Restricted Fund Balance; CIP Fund 3541 Project 170062; CIP Fund 3544 Project 170062; CIP Fund 3545 Project 170062; CIP Fund 3548 Project 170062 Comments: None RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Developer Agreement Ordinance appropriating $4,000,000 from the TIRZ #2 fund for construction of the Park Road 22 Bridge; and approving a developer agreement with Diamond Beach Holdings, LLC and Padre Island Holdings, LLC, which certifies the availability of $11,696,319.50 for the construction of the Park Road 22 Bridge and requires the award of the construction contract for the bridge after the third -party canal is completed. WHEREAS, the City desires to move forward with the construction of a bridge project on Park Road 22 (the "Bridge Project"); WHEREAS, the City has previously issued bids associated with the construction of the Bridge Project, but did not award the contract; WHEREAS, the Developers desire to move forward with the construction of a canal project located to the West / Southwest of the Bridge Project (the "Village Canal"); and WHEREAS, the City and the Developers desire to coordinate the construction of the Bridge Project with the construction of the Village Canal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That funds in the amount of $4,000,000 are appropriated from the TIRZ #2 fund 1111 Restricted Fund Balance. SECTION 2. The City Manager, or designee, is authorized to execute a developer agreement with Diamond Beach Holdings, LLC and Padre Island Holdings, LLC, which certifies the availability of $11,696,319.50 for the construction of the Park Road 22 Bridge and requires the award of the construction contract for the bridge after the third -party canal is completed. A copy of the Developer Agreement is attached to this ordinance. Page 1 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 DEVELOPER AGREEMENT FOR PARK ROAD 22 BRIDGE AND VILLAGE CANAL This DEVELOPER AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, acting by and through its City Manager, or designee, and Padre Island Holdings, LLC, a Texas limited liability company ("PIH"), or PIH's successors or assigns, and Diamond Beach Holdings, LLC ("DBH") or DBH's successors or assigns (collectively with PIH, "Developers"). WHEREAS, the City desires to move forward with the construction of a bridge project on Park Road 22 as depicted on Exhibit "1" attached hereto (the "Bridge Project"); WHEREAS, the City has previously issued bids associated with the construction of the Bridge Project; WHEREAS, the Developers desire to move forward with the construction of a canal project located to the West / Southwest of the Bridge Project as depicted on Exhibit "2" attached hereto (the "Village Canal"); WHEREAS, the City and the Developers desire to coordinate the construction of the Bridge Project with the construction of the Village Canal (the "Projects"); WHEREAS, the parties desire to enter into this Agreement to lay out each party's responsibilities related to the Projects. NOW, THEREFORE, in order to provide a coordinated construction and improvement project, the parties agree as follows: A. CONSTRUCTION OF THE PROJECTS 1. Roles and Responsibilities of the City 1.1 City shall prepare a new bid package for the construction of the Bridge Project within (30) days (the "Re -Bid") of the Effective Date of this Agreement and provide it to Developers for review; 1.2 The City shall issue the Re -Bid within 30 days following receipt of an executed contract between Developers and a construction contractor for the construction of the Village Canal. The Re -Bid will require that all bids remain open for a minimum of 240 days; 1.3 Following the opening of the Re -Bid, City will notify Developers of its intent to recommend award of a construction contract to City Council. The parties understand that if the lowest bid in the Re -Bid exceeds the amount of $11,696,319.50, additional funding may not be available. 1.4 Contemporaneously with the notice referenced in Section 1.3 above, the City shall provide to Developers a certificate of funds for the amount of $11,696,319.50 in currently accessible funds that have been duly appropriated by the City for the Bridge Project. If additional funding is required and identified by the City, City shall provide to Developers, as soon as practicable, a certificate of funds for the additional amount. If the funds are not located, the City will provide notice to Developers within 3 days after determining the lack of funding, this Agreement shall terminate upon City's election, and Developers will have no obligation to the City to complete the Village Canal; 1.5 As soon as practicable following notice of the Village Canal's substantial completion in accordance with Section 2.5 below, City will award a contract for the construction of the Bridge Project at a regular meeting and will provide written notice to Developers of the date and time of the meeting and a copy of the documents being presented to City Council at the meeting. The Developers acknowledge that items typically appear on the City Council agenda twice before final approval. For purposes of this Section 1.5, substantial completion of the Village Canal shall mean the date when the dredging and bulkheading is completed for the Village Project; 1.6 As soon as practicable following the City's award of the contract for the construction of the Bridge Project, the City shall issue a notice to proceed (the "Notice to Proceed") to the contractor awarded the Re -Bid, so long as the contractor timely provides an executed contract and all of the documents required to finalize the contract, and will provide written notice of the Notice to Proceed to Developers within 3 days of its issuance; 1 7 After receiving notice of the Village Canal's substantial completion in accordance with Section 2.5 below, and after the City's award of a construction contract under the Re -Bid, the City shall expend the amount agreed upon in the Re -Bid in the construction of the Park Road 22 ("PR 22") Bridge or complete construction thereof at a lower cost (Bridge Project location is shown in Exhibit "1"). Nothing in this Agreement shall be considered a prohibition on terminating a construction contract with any contractor that has failed to adequately perform; 1.8 Within 10 days of the substantial completion of the Bridge Project, the City shall issue notice of such substantial completion to Developers. For purposes of this Section 1.8, substantial completion shall mean issuance of documentation by the City acknowledging that the Bridge Project has been substantially completed in accordance with the terms of the construction contract. 2. Roles and Responsibilities of the Developers 2.1 Developers shall, within 30 days after the City provides notice of the prepared bid package for the Re -Bid, provide an executed contract between Developers and a construction contractor for the construction of the Village Canal. 2.2 Following receipt of the certificate referenced in Section 1.4 above, Developers shall, within a commercially reasonable time, issue a notice to proceed to the contractor to commence the construction of the Village Canal in accordance with the plans provided in the United States Army Corps of Engineers permit issued regarding the canal project. Those plans that are related to the Village Canal are attached as Exhibit "2"; 2.3 Developers shall substantially complete the Village Canal within 90 days following the receipt of the certificate referenced in Section 1.4 above, subject to Force Majeure as defined in Section C below. In any event, regardless of Force Majeure, Developers must substantially complete the Village Canal within 180 days following the receipt of the certificate referenced in Section 1.4 above. If the Village Canal is not substantially completed within the 180 -day period, this Agreement will be considered terminated for all purposes. For purposes of this Section 2.3, substantial completion of the Village Canal shall mean the date when the dredging and bulkheading is completed for the Village Canal; 2.4 Upon completion of the Village Canal, subject to Force Majeure as defined in Section C below, the Developers shall connect the Village Canal to the existing canal owned by the Padre Isles Property Owners Association ("PIPOA"). Developers shall coordinate with the PIPOA on the connection to the existing canal system; 2.5 Upon reaching substantial completion of the Village Canal, including the connection of the Village Canal to the PIPOA canal, Developers shall notify City. For purposes of this Section 2.5, substantial completion of the Village Canal shall mean the date when the dredging and bulkheading is completed for the Village Canal; and 2.6 As soon as practicable following the City's issuance of the notice referenced in Section 1.8 above, Developers shall connect the canal within the PR 22 right of way to the Village Canal. 3. Sequencing of Obligations So the Parties can further clarify the sequencing outlined in this Section A, the Parties' obligations shall proceed in order as follows: 1. City shall prepare the Re -Bid (Section 1.1) 2. Developers shall provide to the City the executed contract for construction of the Village Canal (Section 2.1) 3. City shall issue the Re -Bid (Section 1.2) 4. City shall determine its funding capabilities based on bids submitted in response to Re -Bid (Section 1.3), and City shall certify funding for the Re -Bid to Developers (Section 1.4) 5. Developers shall issue a notice to proceed to a contractor to commence construction of the Village Canal (Section 2.2) 6. Developers shall substantially complete the Village Canal (Section 2.3) 7. Developers shall provide to City notice of the Village Canal's substantial completion (Section 2.5) 8. Developers shall connect the Village Canal to the existing canal owned by PIPOA (Section 2.4) 9. City shall award construction contract for the Bridge Project (Section 1.5) and issue the Notice to Proceed (Section 1.6) 10. City will fund the construction contract awarded under the Re -Bid (Section 1.7) 11. City shall notify Developers of the Bridge Project's substantial completion (Section 1.8) 12. Developers shall connect the canal within the PR 22 right of way to the Village Canal (Section 2.6) B. DEFAULT 1. If either the City or the Developers fail to comply with its duties or obligations under this Agreement, such an event shall constitute default. 2. In the event of a default by either party, the non -defaulting party may pursue its remedies for breach of this Agreement after written notice to the defaulting party and fifteen days opportunity to cure such default. C. FORCE MAJEURE In the event any party to this Agreement is rendered unable, wholly or in part, by force majeure including an act of God; strikes; lockouts, or other industrial disturbances; acts of the public enemy; orders of any kind of government of the United States or the State of Texas or any civil or military authority (other than a party to this Agreement); insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; droughts; arrests; civil disturbances; explosions; or other inability similar to those enumerated; to carry out its obligations under this Agreement, it is agreed that party shall give written notice of such act to each party as soon as possible after the occurrence of the cause relied on and shall, thereafter, be relieved of its obligations, so far as they are affected by such act, during the continuance of any inability so caused, but for no longer. D. INDEMNIFICATION DEVELOPERS COVENANT TO FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, AND THE TEXAS DEPARTMENT OF TRANSPORTATION, ITS OFFICERS, EMPLOYEES, AND AGENTS ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE CONSTRUCTION OF THE VILLAGE CANAL, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. E. ASSIGNMENT Developers may not assign their interests in the Agreement without prior written approval of the City. Such approval shall not be unreasonably withheld. City may assign its interests in the Agreement upon written notice to Developers: (a) to any other person or governmental entity that succeeds to the governmental powers and authority of the City or (b) to the State of Texas or TxDOT. F. NOTICES 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: City of Corpus Christi Attn: Assistant City Manager 1201 Leopard Street, 5th Floor Corpus Christi, Texas 78401 KeithSe@cctexas.com with a copy to: City of Corpus Christi Attn: City Attorney 1201 Leopard Street, 5th Floor Corpus Christi, Texas 78401 MilesR@cctexas.com If to DPH: Diamond Beach Holdings LLC 5615 Kirby Drive Houston, Texas 77005 jenniferhoff@ibc.com If to PIH: Padre Island Holdings, LLC 1613 S. Capital of Texas Highway Suite 201 Austin, Texas 78746 padreisland(@.axysgroup.com with a copy to: Stephen Robinson Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 srobinson@abhr.com 2. If a third party succeeds to any of the rights or obligations of any of the City or Developers as outlined under this Agreement, the successor will provide notice of the change, in accordance with the provisions of this section, within five business days of the change. Following this notice, the successor will be entitled to receive any notice or other communication required or permitted to be given under this Agreement. 3. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. A courtesy copy of the notice may be sent via email. 4. The City, PIH, or DPH may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. G. LEGAL PROCEEDINGS 1 Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in and cannot be removed from Nueces County, Texas. 2. Developers and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless all parties subsequently agree otherwise in writing. H. EFFECTIVE DATE AND TERM OF AGREEMENT This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Developers from and after the date of the last signatory to this Agreement (the "Effective Date") and shall continue until the earlier of December 31, 2022 and the completion of the Bridge Project unless terminated earlier in accordance with the terms of this Agreement. I. COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same agreement. (EXECUTION PAGES FOLLOW) CITY OF CORPUS CHRISTI Samuel Keith Selman Date Interim City Manager APPROVED AS TO FORM: Assistant City Attorney (Date) for the City Attorney DEVELOPERS: Padre Island Holdings, LLC By: Name: Title: Effective Date: Date STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me on , 2019, by , of Padre Island Holdings, LLC, a Texas limited liability company, on behalf of said company. Diamond Beach Holdings, LLC By: Name: Title: Effective Date: Notary Public's Signature Date STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me on , 2019, by , of Padre Island Holdings, LLC, a Texas limited liability company, on behalf of said company. Notary Public's Signature Exhibits 1. Bridge Project 2. Village Canal Project EXHIBIT 1 Brid e Pro'ect Bridge Project LJr -11Bi- - 1 3 Al32artl !No 7221 21 0.1711/111 if/. 4 Y MGT no I, Td v 1l `] MGMn .1/7/7au mn arr 0777far 712171371 11182- eNIU33NION3 mann e wwbwd mama Mai 11SWH1 Si1d210a "a Jo uia M3V 1, 3rQtid 77VV13A0 c+ooa NM. ad 0Y01:1 ]k1Yd 01 lawn „ 270 Guff Shores Joint Venture EXHIBIT 2 Canal Project 2 of 15 PERMM[T IED PLANS SWG-2000-02743 SEAGATE (COMPLETED EARLY' 90'5) (SEAGATE TO BE WIDENED SEE SHEET 12 of 15) t!! • • rd 0 v- 0 tr1 05 ar 0 0 00 d 61. 93 7 9 5 g 5 0 ®® 0 + +• /+ 1 +• ALL WORK COMPLETE PRIOR TO 17760 PRE-EX[ST1NG SEAWALL W co l• z I •m 0O WW I Oa 2° I U 8 M b N ACTIVITY: DREDGE, FILL CONSTRUCT BULKHEADS, STREETS, UTILITIES, PREPARE BLDG. SITES APPLICANT: GULF SHORE JOINT VENTURE DATUM: COE M.H.T. URBAN\ ENGINEERING CORPUS CHRISTI. T XAS 1725 smmuR n-.ws uknan n,ew,-2522 52372125,- ICI 2u17u.'ae7, 2252 hn x,, .q : W12 n,. W- iI37i4aa DATE: 09/04/2015 SWG-2000-02743 COUNTY: NUECES JOB NO. 38808.00.01 SH 2 of 15 Gulf Shores Joint Venture 8 of 15 PERMITTED PLANS SWG-2000.02743 9 F, 6 w M a w 0 ❑ cr �1am PROP. CANAL 1VNVO '1SIX 1-- CURRENT PERMIT CONFIGURATION PROP. CAN 7 0 h a a 0 U 200' I : g 9ueuc�"'r N.O.W., ; UJ N © N Q a D a 3 is 0. CC a.• ' AREA E - LAKE PADRE ACTIVITY: DREDGE, FILL CONSTRUCT BULKHEADS, STREETS, UTILITIES, PREPARE BLDG. SITES APPLICANT: GULF SHORE JOINT VENTURE DATUM: COE M.H.T. ENGINEERING cokr' JS CIMZISTI, TEXAS 1 ,IS NN"C L*.. GCAPK PRO. n a{x.lexx-].0+ sf36 »5.-,o0, xevc rcn. ea...a . ¶WLS r.,.., w. 10041100 DATE: 08104/2015 SWG-2000-02743 COUNTY: NUECES J013 NO. 38808.00.01 SH 8 of 15