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Agenda Packet City Council - 04/30/2019
City of Corpus Christi Meeting Agenda - Final -revised City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, April 30, 2019 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Senior Pastor Brian Hill, First Baptist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Fred Segundo, Director of Aviation. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 19-0599 Proclamation declaring May 11, 2019, "Lemonade Day Coastal Bend". Proclamation declaring May 13, 2019, "National Peace Officers' Memorial Day" and May 12-18, 2019, National Police Officers' Week". Proclamation declaring May 5-11, 2019, "Drinking Water Week". Proclamation declaring May 5-11, 2019, "National Small Business Week". Proclamation declaring May 5-11, 2019, "Recognition of the Better Business Bureau and Their Support for 'National Small Business Week-. Proclamation declaring May 2019, "Mental Health Awareness Month". City of Corpus Christi Page 1 Printed on 4/29/2019 City Council Meeting Agenda - Final -revised April 30, 2019 Swearing -In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. UTILITY BILLING UPDATE b. 19-0630 CORPUS CHRISTI FIREFIGHTERS' RETIREMENT SYSTEM Attachments: Presentation - Corpus Christi CCFFRS 4302019 Final c. OTHER G. MINUTES: 2. 19-0608 Regular Meeting of April 23, 2019. Attachments: Minutes - April 23, 2019 H. BOARD & COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. All items on this agenda are considered public hearings. City of Corpus Christi Page 2 Printed on 4/29/2019 City Council Meeting Agenda - Final -revised April 30, 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. K. CONSENT AGENDA: (ITEMS 3 -16) 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. 3. 19-0587 Resolution authorizing a Service Agreement for Autoscale System Support for Solid Waste Operations Resolution authorizing a five-year service agreement for autoscale hardware and software maintenance support with Mettler Toledo, Inc., of Columbus, Ohio for a total amount not to exceed $84,647. Attachments: Agenda Memo - Autoscale Resolution Sole Source - Autoscale Price Sheet - Autoscale Service Agreement - Autoscale System Support -Mettler Toledo 4. 19-0505 Purchase of Guns for the Police Department Motion authorizing the purchase of new guns and exchange of trade-ins for credit for the Corpus Christi Police Department from Proforce Law Enforcement, of Prescott, Arizona for a total amount not to exceed $149,840. Attachments: Agenda Memo - Guns for Police Department Bid Tabulation - Guns for Police Department 5. 19-0485 Purchase of Police Utility Vehicles for the Police Department City of Corpus Christi Page 3 Printed on 4/29/2019 City Council Meeting Agenda - Final -revised April 30, 2019 Motion authorizing the purchase of 23, 2020 Ford Police Interceptors from Silsbee Ford Inc. of Silsbee, Texas and five 2019 Chevrolet Tahoe police pursuit vehicles from Lake Country Chevrolet of Jasper, Texas for a combined total amount not to exceed $988,851.50 as per the following: Silsbee Ford Inc. Silsbee, Texas $805,691.00 Lake Country Chevrolet Jasper, Texas $183,160.50 Attachments: Agenda Memo - Purchase of Utility Vehicles for Police Dept. Price Sheet - Purchase of Utility Vehicles for Police Dept. 6. 19-0501 Resolution for Renewal of Property Insurance for City -Owned Property Resolution authorizing renewal of property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance, through Carlisle Insurance Agency, Broker of Record, for upcoming policy year (May 5, 2019 - May 5, 2020) in exchange for annual premium of $2,194,681.15. Attachments: Agenda Memo for Renewal of Property Insurance.4.17.19.EQ breakdown incl. Resolution regarding property insurance Revision 2 7. 19-0458 Service Agreement for Mowing and Grounds Maintenence Services Of Street Rights -of -Way, Circles and Medians for Storm Water Group 1 Motion authorizing a 42 -month service agreement for mowing and grounds maintenance services of street rights-of-way, circles and medians for Storm Water Group 1 with CML Services, LLC of Corpus Christi, Texas for a total amount not to exceed $309,721.28. Attachments: Agenda Memo - Mowing & Grounds Maintenance Srvcs for SW Grp 1 Bid Tabulation - Mowing & Grounds Maintenance Srvcs for SW Grp 1 Service Agreement 2080 - Mowing and Grounds Maint. of Street Rights -of -Way. 8. 19-0455 Second Reading Ordinance - Appropriating funds for "one-time" purchases for the Police Department (1st Reading 4/23/19) Ordinance appropriating $74,920 from the Unreserved Fund Balance in the Crime Control District Fund for "one-time" expenditures and amending the FY2018-2019 Operating Budget adopted by Ordinance No. 031504 by increasing expenditures by $74,920. Attachments: Agenda Memo - Crime Control appropriation one time 04.30.2019 Ordinance - Crime Control District - One Time Expenditure City of Corpus Christi Page 4 Printed on 4/29/2019 City Council Meeting Agenda - Final -revised April 30, 2019 9. 19-0510 Second Reading Ordinance - Accepting and appropriating Homeland Security - Operation Stonegarden Grant funds within the Police Department (1st Reading 4/23/19) Ordinance accepting a grant in the amount of $250,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under FY2018 Department of Homeland Security Grant Program Operation Stonegarden; and appropriating $250,000 in Police Grants Fund. Attachments: Agenda memo accept Operation Stonegarden 04.23.2019 Ordinance - HSGP - Stonegarden Grant 2019 FY2018 Award document 10. 19-0528 Second Reading Ordinance - Accepting and appropriating grant funds for the Click It or Ticket program within the Police Department (1st Reading 4/23/19) Ordinance accepting $17,987.36 from State of Texas, Department of Transportation for FY2019 Click It or Ticket program grant; and appropriating $17,987.36 in Police Grants Fund. Attachments: Agenda memo - accept CIOT 04.23.2019 Ordinance - Click it or Ticket 2018.docx 11. 19-0509 Second Reading Ordinance - Accepting and appropriating a Citgo donation for the Fire Department (1st Reading 4/23/19) Ordinance authorizing the acceptance of a donation from Citgo in the amount of $175,000 to be used to support the Corpus Christi Fire Department; and appropriating the funds into the Fire Grant Fund No. 1062. Attachments: Agenda Memo - Citgo Petroleum Corp. - Donation Ordinance - Accepting Citgo Donation Contribution Letter - CITGO 12. 19-0476 Second Reading Ordinance - Contract with Naval Air Station Corpus Christi for Wastewater Line Repairs (1st Reading 4/23/19) Ordinance authorizing contract with Naval Air Station Corpus Christi (NASCC) for $232,411.38 and change order for $40,769.24 for NASCC wastewater line repairs; and appropriating said payments upon receipt in the No. 4200 Wastewater Utilities Fund. Attachments: Agenda Memo - NASCC Ordinance NAS CC v2 Contract - NAS final City of Corpus Christi Page 5 Printed on 4/29/2019 City Council Meeting Agenda - Final -revised April 30, 2019 13. 19-0500 Second Reading Ordinance - Amending the AEP Texas, Inc. Electric Franchise Fee 5% Increase (1st Reading 4/23/19) Ordinance of the City Council of the City Of Corpus Christi amending the franchise with AEP Texas Inc. to change compensation or consideration to be paid for use of the public rights-of-way; providing an effective date; providing for acceptance by AEP Texas Inc.; finding and determining that the meetings at which this ordinance was considered were open to the public and in accordance with Texas law. Attachments: Agenda Memo 04-08-2019 AEP Electric Franchise Fee kwh factor increase Ordinance - franchise amendment of the franchise fee for Corpus Christi 20190 14. 19-0529 Second Reading Ordinance - Approving an additional tariff for AEP Texas, Inc. Electric Franchise Fee 5% Increase (1st Reading 4/23/19) Ordinance of the City Council of the City of Corpus Christi approving an additional tariff for the recovery of franchise fees not currently being recovered in base rates by AEP Texas Inc.; and finding and determining that the meetings at which this ordinance was considered were open to the public and in accordance with Texas law. Attachments: Agenda Memo Additional Tariff for AEP Electric Franchise Fee kwh factor incre Ordinance.Additional Tariff 2019 providing for Jan 2020 billing cycles.2 15. 19-0517 Second Reading Ordinance - Accepting and Appropriating Revenue for Revocable Easement to Epic Crude Pipeline, LP (1st Reading 4/23/19) Ordinance accepting and appropriating $41,029 of revenue from Epic Crude Pipeline, LP; authorizing the City Manager or designee to execute a Revocable Easement to Epic Crude Pipeline, LP to permit one 30 -inch pipeline for transportation of crude oil across City owned property known as Mobile Estates Park, operated by the City Park & Recreation Department; appropriating the compensation received into its Community Enrichment Fund No. 4720. Attachments: Agenda Memo - Easement to Epic Ordinance - Easement to Epic Revocable Easement. Epic Crude Pipeline LP TX NU H 034.00 Exhibit - Easement to Epic Presentation - Easement to Epic 16. 19-0493 Second Reading Ordinance - Dedicating Wetland Preserve for Harbor Bridge Replacement Project (HBRP) (1st Reading 4/16/19) (Tabled 4/23/19) City of Corpus Christi Page 6 Printed on 4/29/2019 City Council Meeting Agenda - Final -revised April 30, 2019 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 L. FUTURE AGENDA ITEMS: (NONE) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. M. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. N. PUBLIC HEARINGS: (ITEMS 17 - 20) 17. 19-0591 Second Public Hearing - La Quinta Corridor Annexation Public hearing on a proposed annexation of up to 1,500 acres of land generally located along the north side of Corpus Christi Bay within San Patricio County. This annexation includes parcels of land located between the Cities of Portland and Gregory from US Highway 181 to Farm -to -Market 2986; and parcels of land located south of State Highway 35, east of US Highway 181, and west of La Quinta Road. Attachments: Agenda Memo - La Quinta Corridor Annex Service Plan - La Quinta Corridor Annexation Presentation - La Quinta Corridor Annexation 18. 19-0574 First Public Hearing - Annexation on the North Side of Corpus Christi Bay - TO BE HELD AT 1:00 P.M. Public hearing on a proposed annexation of up to 5,700 acres of land generally located along the north side of Corpus Christi Bay within San Patricio County between the Cities of Gregory and Ingleside. This annexation includes parcels of land located between State Highway 35 and Corpus Christi Bay; and between La Quinta Road and County Road 93 and the western bounds of the City of Ingleside's extraterritorial jurisdiction. City of Corpus Christi Page 7 Printed on 4/29/2019 City Council Meeting Agenda - Final -revised April 30, 2019 Attachments: Agenda Memo - Northside CC Bay Annexation Service Plan - North of Corpus Christi Bay - Final Presentation - Northside CC Bay Annexation - 1st Hearing 19. 19-0631 Second Public Hearing - Annexation on the North Side of Corpus Christi Bay - TO BE HELD AT 3:00 P.M. Public hearing on a proposed annexation of up to 5,700 acres of land generally located along the north side of Corpus Christi Bay within San Patricio County between the Cities of Gregory and Ingleside. This annexation includes parcels of land located between State Highway 35 and Corpus Christi Bay; and between La Quinta Road and County Road 93 and the western bounds of the City of Ingleside's extraterritorial jurisdiction. Attachments: Agenda Memo - Northside CC Bay Annexation Service Plan - North of Corpus Christi Bay - Final Presentation - Northside CC Bay Annexation - 2nd Hearing 20. 19-0534 Public Hearing and First Reading Ordinance - Alley Closure between Gulfbreeze Boulevard and Surfside Boulevard Ordinance closing, abandoning and vacating of a section of the 20 -foot -wide alley adjoining lots 1 and 3, Block 27, Corpus Beach North Addition and Lot 2R, Block 27, Brooklyn Addition, requiring petitioners, Carrie Robertson Meyer and 246Brooklyn, LLC, to comply with specified conditions. Attachments: Agenda Memo Alley Closure Ordinance Alley Closure PP Presentation - Gulfbreeze O. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. P. FIRST READING ORDINANCES: (ITEM 21 - 22) 21. 19-0511 First Reading Ordinance - Authorizing License Agreements with Nueces County for Youth Sports Programs at LyondellBasell Park Ordinance authorizing License Agreements with Nueces County for South Texas Elite Youth Football League, Arlington Heights Christian School and South Texas Futbol Club use of LyondellBasell Park on Haven Drive for youth sports programs, with two-year terms, with option to extend for up to two additional years. Attachments: Agenda Memo - LyondellBassel Park License Agmt Ordinance License Agreement for LyondellBasell Park City of Corpus Christi Page 8 Printed on 4/29/2019 City Council Meeting Agenda - Final -revised April 30, 2019 License - S. TX Elite Youth Football League and Arlington Heights Christian Scl License - S. TX Futbol Club 22. 19-0593 First Reading Ordinance - Declaring City Property as Surplus and Permitting its Sale to the Public Ordinance declaring City owned land at 4830 Williams Drive as surplus property; authorizing its sale to the public by sealed bid; and authorizing execution of the deed and any related documents necessary to complete the sale and convey the property. Attachments: Agenda Memo - Sale Surplus Property Ordinance - Sale Surplus Property Council Exhibit - Sale Surplus Property Presentation - Surplus Property Q. 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. R. LEGISLATIVE UPDATE: This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. S. EXECUTIVE SESSION: (ITEMS 23 - 26) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 23. 19-0611 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City's contracts related to waste management, handling, and disposal and state and federal regulations related to landfill management, disposal of solid waste, and/or recycling, including but not limited to, the City's contracts with City of Corpus Christi Page 9 Printed on 4/29/2019 City Council Meeting Agenda - Final -revised April 30, 2019 Republic Services, Cefe Landfill Tx, LP, BFI Waste Services of North America, Inc. and BFI Waste Systems of Texas, LP. and related entities, and provisions related to mediation, arbitration, and termination of agreements for the aforementioned functions. 24. 19-0612 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to collective bargaining matters in the Agreement(s) with the Corpus Christi Police Officers' Association and the Corpus Christi Professional Firefighters' Association. 25. 19-0598 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 FBI Criminal Justice Information Services (CJIS) services provided to the City's police department, the National Crime Information Center (NCIC), Uniform Crime Reporting (UCR) and other identification and computer security matters and pursuant to Texas Government Code § 551.076 to discuss the deployment or specific occasions for implementation of security personnel or devices. 26. 19-0643 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 existing laws and potential legislation of the Texas Legislature in relation to the City's legislative agenda. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. U. ADJOURNMENT City of Corpus Christi Page 10 Printed on 4/29/2019 A Review of the Corpus Christi Firefighters' Retirement System (CCFFRS) For the City of Corpus Christi City Council Meeting April 30, 2019 Presented by Matt Wood, Board Chairman 711 N. Carancahua, Suite 724 Corpus Christi, TX 78401-0544 361-882-1486 ccfirepension.com CCFFRS History • Corpus Christi Firefighters' Retirement System (CCFFRS) was established 1942 under the Texas Local Fire Fighters Retirement Act. • The Texas Local Fire Fighters Retirement Act (TLFFRA) applies to each municipality in the state that has a regularly organized fire department. • 42 fire fighter retirement systems are governed by TLFFRA. • Participating fire departments vary in size from 25 to over 400 active fire fighters and from 10 to over 300 retirees. CCFFRS History - Continued • TLFFRA mandates that the Board of Trustees for the CCFFRS meet once a month. • CCFFRS meets on the 3rd Thursday of each month. • TLFFRA establishes the retirement system to be governed by a 7 member Board consisting of the Mayor or the Mayor's appointee, the Finance Director or his/her appointee, 3 members of the retirement system elected by the participating members and 2 persons who are citizens, who are not officers or employees of the municipality. CCFFRS Board Members Current Board Members Employer Board Title Beg Term End Term Darron Bergstrom Bergstrom Financial Michael Gilley Javier Jasso Laurelyn Pohlmeier City of Corpus Christi- Fire Fighter City of Corpus Christi- Fire Fighter Edward Jones Investments Constance Sanchez City of Corpus Christi Penn Thomas Penn Thomas CPA Matthew Wood City of Corpus Christi- Fire Fighter Past Board Members Jon Hepner Dennis Daugherty Stifel, Nicolaus & Company Wachovia Securities Buck Sosa Retired Fire Fighter George Newgarden PaineWebber Alan Wilson Jorge Cruz-Aedo Sid Ridlehuber Frost Bank City of Corpus Christi Charter Bank Dorothea Montoya City of Corpus Christi Lois Meith City of Corpus Christi -Retiree Citizen Elected Member Elected Member Citizen Finance Director Mayor Appt. Elected Member Citizen Citizen Mar -14 Mar -20 Dec -18 Dec -16 Nov -16 Dec -21 Dec -19 Mar -21 Aug -03 N/A Dec -09 N/A Dec -17 Dec -20 Mar -13 Oct -06 Mar -15 Mar -12 Mayor Appt. Jun -05 N/A Citizen Mar -04 Mar -06 Mayor Appt. Finance Director Citizen Dec -04 Jan -01 Mar -99 N/A Jan -02 Mar -01 Finance Director Jun -99 Jan -00 Citizen Mar -96 Mar -98 Membership/Retirement Eligibility • CCFFRS has approximately 400 contributing active fire fighters and 300 retirees and beneficiaries. • A participant is 50% vested at 10 years and 100% vested at 20 years. • A participant can retire at age 54 with at least 20 years of service. Benefits -Actives • The average age of CCFFRS active fire fighter is 41.4. • The average years of service is 14.6. • The average age at hire is 26.8. • The average expected retirement age is 58.1 years. • The expected retirement benefit by CCFFRS members is based on their years of service, their final five-year average salary, and the benefit formula. Amarillo (Pop. 199,582) - Tier 2 Hired on/after 1/1/2018 Peer TLFFRA Systems Peer Cities and their Plans Plan (System) Amarillo (Pop. 199,582) - Tier 1 Hired before 1/1/2018 Beaumont (Pop. 118,299) Corpus Christi (Pop. 325,733) Irving (Pop. 238,289) Killeen (Pop. 143,400) Laredo (Pop. 257,156) Lubbock (Pop. 252,506) Midland (Pop. 134,610) Actuarial Assumed Invst Rate of Return 7.50% 8.00% 7.75% 7.50% 7.75% 7.90% 7.75% 7.75% Active Members 271 232 428 360 228 379 402 207 Total Annuitants 215 217 326 EE Cont (% of Pay) 13.00% 15.50% 13.10% 180 12.00% 68 11.00% 169 15.00% 289 12.43% 162 14.20% Actual ER Cont (% of Pay) 18.99% 15.50% 20.78% 15.65% 13.13% 20.13% 21.73% 22.20% Eligibility Requirements 50/20 50/20 50/20 54/20 50/20 55/20 or 50/25 50/20 50/20 50/20 or 25 YCS Final Average Salary Highest 36 months Highest 60 months COLA None None Highest 60 months Ad hoc, as determined by actuary based on financial condition of the fund. Highest consecutive 130 biweekly pay Ad hoc based on financial condition of the periods retirement system shown in actuarial valuation. Highest consecutive 78 biweekly pay periods Highest 60 months Option for a Service Retirement Benefit with COLA. None Highest 78 consecutive biweekly pay periods within final 104 biweekly pay periods Ad hoc based on financial condition of the system as determined by the actuary. Final consecutive 48 months None Highest 60 months 2% simple, after receiving benefits for 5 yrs provided fund's investment performance does not fall below rolling audited 5 -yr avg of 8.25%. SS No No No No No Yes No No No CCFFRS Benefit Formula • Benefit is the sum of (i) 52% multiplied by the Participant's Highest 60 -Month Average Pay, plus (ii) $150.00 multiplied by the Participant's Years of Service in excess of 20 Years. CCFFRS Funding Basics • CCFFRS is a defined benefit plan with statutory provisions in place that ensure oversight and responsible funding. • CCFFRS investment return assumption is , the median for TLFFRA plans. This amount has been reduced twice since the actuarial valuation for December 31, 2012. • Several changes were made to the CCFFRS Plan in 2007 to ensure compatibility, to strengthen the financial condition of the Fund, and to incorporate recommendations of an Advisory Board established by the City of Corpus Christi. • The changes to the Plan also helped ensure a benefit increase to retirees based on the good financial condition of the Fund. CCFFRS Funding Basics - Continued • Neither the City or Fire fighters contribute into Social Security. • Medicare contributions are made by fire fighters hired after April 1, 1986. • Fire fighters contribute 13.1% of their covered biweekly pay. • City contributes 20.78% of the participant's covered biweekly pay. Contributions/Distributions 2018-2006 CONTRIBUTIONS -DISTRIBUTIONS 2017-2006 Contr Rate UAAL Date FF / City Fire Fighter City Total Total Benefits Paid Amort. Period 12/31/18 $4,100,046.31 $6,503,738.54 $10,603,784.85 $14,045,886.14 12/31/17 $4,137,182.45 $6,562,646.31 $10,699,828.76 $10,778,327.68 12/31/16 $4,137,400.31 $6,562,992.65 $10,700,392.96 $14,056,060.84 23.1 Yrs 12/31/15 $3,896,613.02 $6,361,275.81 $10,257,888.83 $11,091,484.65 06/01/15 13.10% / 20.78% 12/31/14 $3,526,755.54 $6,007,047.96 $9,533,803.50 $11,757,922.76 23.1 Yrs 12/31/13 $3,605,345.70 $6,140,906.37 $9,746,252.07 $10,888,832.24 01/12/13 12.20% / 20.78% 12/31/12 $3,422,314.98 $5,654,367.86 $9,076,682.84 $11,847,957.80 26.7 Yrs 12/30/12 12.20% / 20.13% 12/31/11 $3,322,962.32 $5,060,579.52 $8,383,541.84 $11,136,431.30 01/02/11 12.20% / 18.78% 12/31/10 $3,338,939.70 $4,711,698.34 $8,050,638.04 $9,232,729.97 22.3 Yrs 01/03/10 12.20% / 17.68% 12/31/09 $3,045,042.43 $4,251,376.72 $7,296,419.15 $9,024,578.88 01/04/09 12.20% / 16.58% 12/31/08 $2,937,182.51 $3,705,091.70 $6,642,274.21 $9,447,986.86 26.0 Yrs 01/06/08 12.20% / 15.39% 12/31/07 $2,415,259.13 $3,308,020.34 $5,723,279.47 $8,848,242.69 07/09/07 11.10% / 14.58% 12/31/06 $2,209,566.37 $2,748,150.04 $4,957,716.41 $9,163,007.78 25.0 Yrs 01/03/00 10.00% / 12.00% TOTAL $39,957,428.32 $61,015,245.85 $100,972,674.17 $130,541,121.91 Contributions for Other City Employees EMPLOYER Contributions EMPLOYEE Contributions 24.61% to TMRS 6.20% to Soc Sec 7.00% to TMRS 6.20% to Soc Sec 30.81% Total ER Contr 13.20% Total EE Contr System Soundness • CCFFRS will amortize the unfunded actuarial accrued liability (UAAL) in 23.1 years. • CCFFRS Board policy precludes benefit increases if UAAL exceeds 25 years. • The Pension Review Board considers periods of 10 years to 25 years to be preferable and 30 years to be the maximum acceptable period. • CCFFRS funded ratio is 62.1%. • UAAL is $86 million (as of 12/31/16). Basics of December 31, 2016 Actuarial Valuation Results • Total liability of system • Liability that should be funded to date • Assets • Unfunded liability to date • Annual contributions (13.10% by fire fighters + 20.78% by city) • Annual cost of current benefit provisions • Amount of contributions to pay off unfunded liability • How many years to pay off unfunded liability $277,000,000 $227,000,000 $141,000,000 $ 86,000,000 33.88% 15.91% 17.97% 23.1 years Steps Taken to Strengthen the System • CCFFRS fire fighters increased their contribution rate from 12.2% to 13.1%. • Reduced the actuarial assumed rate of return from 8.00% to 7.75%. • Portfolio of assets is well diversified and professionally managed. • City has honored its resolution to contribute 20.78% of covered pay. City's Actuarial Audit • The City of Corpus Christi compiled with Section 802.1012 of the Texas Government Code which requires an actuarial audit at least every five years. • Retirement Horizons, Inc. conducted actuarial audit on November 12, 2018 based on the Retirement System's actuarial valuations for December 31, 2014 and 2016. • Opinion from City's actuarial audit: Actuarial methods and assumptions used for December 31, 2014 and 2016 valuations were reasonable and consistent with generally accepted actuarial standards of practice. City's Actuarial Audit Recommendations • Recommendations from City's actuarial audit for the next biennial actuarial valuation: • Consider lowering the inflation assumption • Use the results of new public plan mortality tables report • Consider projecting mortality improvement using a generational projection method instead of a static projection method • Continue lowering the rate of return assumption Anticipated Results from Implementing Actuarial Audit Recommendations • Increase in unfunded liability • Increase in years to pay off unfunded liability Rudd and Wisdom, Inc. CONSULTING ACTUARIES Mitchell L. Babe. F.S.A. Evan L. Dial, F.S.A. Philip S, Dial, F.S.A. Philip 1, Ellis, Charles V. Punter, F.S.A., A.C.A.S. Mark R. Fenlaw, F.S.A. Brandon L. Fuller, F.S.A. Mr. Matt Wood, Chairman Board of Trustees Corpus Christi Fire Fighters' Retirement System 711 N. Carancahua, Suite 724 Corpus Christi, Texas 78401-0544 Dear Matt: Shannon R. Hatfield, A.S.A. Christopher S. Johnson. F.S.A. Oliver B. Kiel. F.S.A. Dustin J. Kim, A.S-A. Edward A. Mire, F.S.A. Rebecca B. Morns. A.S.A. Amanda L. Murphy. F.S.A. Michael J. Muth. F.S.A. Khiem Ng, F.S.A., A.C.A.S. Timothy B. Soiled. A.S.A. Chelsea E. Stewart. A.S.A. Raymond W Tilona Ronald W. Tobleman, F.S.A. David C. Wilkes, F.S.A. April 16. 2019 Re: Assumptions for the Actuarial Valuation as of December 31. 2018 We received your letter of April 1, 2019 asking us for input on whether implementing assumption changes recommended by Retirement Horizons, Inc. (RIC) as a part of an actuarial audit completed in December 2018 might preclude Rudd and Wisdom, Inc. from approving any benefit improvements. As we wrote in our response to that actuarial audit, we agree with RHI's recommended assumption changes for a lower inflation assumption and a new mortality assumption based on a new public plan mortality tables study. We have not yet completed our review of all economic assumptions with our specific recommendations to the System Board of Trustees for the December 31, 2018 actuarial valuation. However, it is very likely that the economic assumption changes that we will probably recommend to you. in connection with lowering the inflation assumption, will result in an unfunded liability pay off period that will be too high to approve benefit improvements. Therefore, it is our expectation that we will not be able to approve any benefit improvements without an increase in the total contribution rate. Please let us know if you have any questions. MRF/RBM:nlg Piclienuvretwdt2D I7rcorpusvnponse-chair does Sincerely, 71/14,A.k�- Mark R. Fenlaw, F.S.A. etkee„,_.lY]ovz4 Rebecca B. Morris, A.S.A. 19 Actuarially Determined Contributions by the City • The preferred range for the UAAL amortization period is 10 to 25 years in the Pension Review Board's pension funding guidelines. If the City decides the UAAL period should be reduced below the current 23.1 years, it would need to increase its contributions as follows to achieve amortization periods of 15, 18 and 21 years. UAAL Amortization Per' Actuarially Determined Contribution Rate By the City Firefighter Contribution Rat Total Contribution Rat 15 Years 26.83% 13.10% 39.93% 18 Years 23.93% 13.10% 37.03% 21 Years 21.89% 13.10% 34.99% (Actuarial Valuation 12/31/16) Benefit Increases for Retirees • Eligible retirees received an approximately 1% increase in December 2015 based on the good experience of the Fund and an increase of contribution from the fire fighters from 12.2% to 13.1%. • Previous retiree benefit increase was approximately 4% in July 2007 after the complete restructuring of the retirement plan. • CCFFRS retirees have not received any other benefit increases in over 10 years. Requirements for Benefit Increases • TLFFRA requires an actuarial valuation be performed to determine if system's financial condition allows the actuary to approve benefit changes. • To be eligible to approve an addition or change, an actuary must be either a fellow of the Society of Actuaries or a member of the America Academy of Actuaries. • The unfunded liability pay off period must be less than 25 years. • The participants of the System must approve any benefit changes through an election. • Board of Trustees must approve election for benefit changes. • Changes must meet funding guidelines of the State Pension Review Board. Benefits -Retirees • The average CCFFRS benefit paid to retired CCFFRS members and surviving spouses is $3,100.00 per month. • The average retiree age is 68.6. • The average surviving spouse age is 76.2. Monthly Benefits Amounts Exhibit 3 Breakdown of Pensioners by Monthly Benefit Amounts as of December 31, 2016 $2,000-$2,999 22% $1,000-$1,999 9% Under $1,000 2% Retirees *14 $3,000-$3,999 39% $5,000+ 5% $4,000-$4,999 23% Surviving Spouses $2,000-$2,999 24% $1,000-$1,999 15% Under $1,000 17% $5,000+ 2% $3,000-$3,999 38% $4,000-$4,999 4% =Under $1,000 $1,000-$1,999 $2,000-$2,999 $3,000-$3,999 $4,000-$4,999 1 1 $5,000+ 24 City's Vested Interest in CCFFRS • Providing benefits that are adequately funded. • Reduce contingent liabilities. • Benefits that are attractive for hiring and retaining good fire fighters. • Benefits affordable for the long term. Recognition of CCFFRS Practices • Meets all of the current funding guidelines of the Texas State Pension Review Board. • CCFFRS Board of Trustees have met or exceeded the educational requirements set by the Texas State Pension Review Board. • As one of the 42 Fire Fighter TLFFRA Systems, CCFFRS is recognized as a leader in the development of effective approaches to pension administration, reporting, communication, and transparency. • Successful actuarial peer review by actuary selected by the City of Corpus Christi. CCFFRS Investment Best Practices • Investment consultant is a fiduciary of the Retirement System, oversees performance of seven professional investment managers and attends Board meetings quarterly. • Investment managers are monitored monthly and reviewed quarterly at regularly scheduled Board meetings. • Local bank is custodian of actively managed investment accounts. • Audit conducted annually. CCFFRS Investments Investment Asset Allocation as of 12/31/2018 (Target Allocation 60% Equity/40% Fixed Income and Real Estate) 13.4% 4.8% 10.8% 36.0% 1 Total Market Value: $140 Million • Domestic Equity • International Equity • Emerging Markets Equity • Fixed Income • Real Estate Returns (net of fees) as of 12/31/2018 1 -Year Return -3.57% 3 -Year Average 4.95% 5 -Year Average 10 -Year Average 20 -Yea r Average 4.12% 7.40% 6.66% Summary of CCFFRS Goals • Comply with Texas law and CCFFRS plan document. • Carry out fiduciary duties to Corpus Christi fire fighters, retirees and beneficiaries, and City of Corpus Christi. • Strengthen the financial condition of the CCFFRS. • Provide for increases in benefits when prudent and possible to do so. QUESTIONS City of Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, April 23, 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 11:31 a.m. B. Invocation to be given by Pastor Kevin Jennings, Mt. Olive Lutheran Church. Pastor Kevin Jennings gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Mike Gillis, Animal Care Services Program Manager. Animal Services Manager Mike Gillis led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Interim City Manager Keith Selman, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. 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 City of Corpus Christi Page 1 Printed on 4/25/2019 City Council Meeting Minutes April 23, 2019 E. Proclamations / Commendations 1. Proclamation declaring April 16, 2019, "TLC Complete Care Recognition Day". Proclamation declaring April 21-27, 2019, "Medical Laboratory Professionals Week". Proclamation declaring April 21-27, 2019, "National Community Development Week". Proclamation declaring April 28 -May 4, 2019, "Maternal Mental Health Awareness Week" and May 1, 2019, "Maternal Mental Health Awareness Day". Proclamation declaring May 5-11, 2019, "National Children's Mental Health Awareness Week". Commendation for John LaRue. Swearing -In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. Mayor McComb presented the proclamations and a commendation 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 public comment period. Norma Rivera, 7525 Exeter, spoke regarding: testing of the Police Department's autowrecker service dispatch system; clarified statements made during public comment at the April 16, 2019; and an alleged conflict of interest involving Mike Staff, and requested a special counsel to investigate. Carl Morgan, 2806 Thunder Bay Court, spoke regarding autowrecker towing procedures and an alleged conflict of interest involving Mike Staff. David Diaz, 4642 Oso Parkway, spoke in support of City Manager candidate Lee Feldman. James T.C. Chadden, 1718 Arlington, requested shade structures at Sherrill Park. John Medina, 4931 Mokry, spoke regarding addressing homelessness in the City. Colin Sykes, 309 Aberdeen, spoke regarding climate change. Tina City of Corpus Christi Page 2 Printed on 4/25/2019 City Council Meeting Minutes April 23, 2019 Butler, 1450 Cambridge, invited the City Council to the 2nd Annual "Juneteenth in the Crest" on Saturday, June 15, 2019 at Cole Park. Margareta Fratila, 3606 Tripoli, requested that the City Council consider hiring a city manager that communicates with the public regarding their concerns and spoke regarding traffic and street signs. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: b. OTHER Mayor McComb referred to City Manager's Comments. Interim City Manager Keith Selman reported on the following topics: 1) A public meeting for the design phase of Lipes Boulevard from Yorktown Boulevard to Staples Street will be held on Wednesday, April 24, 2019 at Kaffie Middle School. Citizens are invited to attend the open house at 5:30 p.m. with the presentation beginning at 6:00 p.m. 2) The Vessel Turn -In Program begins Wednesday, April 24, 2019 through Saturday, April 27, 2019 at the Laguna Madre Wastewater Treatment Plant, 2017 Jester Street in Flour Bluff. The public is invited to take advantage of the free event to dispose of unwanted and inoperable boats. Citizens can schedule and preregister at www.cctexas.com/vtip. 3) A ribbon cutting will be held at Salinas Park, 1354 Airport Road, on Saturday, April 27, 2019 at 10:00 a.m. 4) Interim City Manager Selman stated that the Columbus replica ship, La Nina, sunk overnight and the cause has yet to be determined. a. UTILITY BILLING UPDATE Interim City Manager Selman introduced Interim IT Director Peter Collins who provided the following information regarding the City's Infor Software and utility billing system: the progress on the Development Services portal including: the Dynamic Portal link, which includes: a training guide, information on signing up for one-on-one training, register for an online account; apply for a permit, pay fees, print permit card, look up a permit, schedule an inspection, view inspection results, clone an application; training; and results; the Bentley software testing; use of kiosks; field inspection's wireless mobile app; and testing on missed utility bills. Council members discussed the following topics: the length of the training course; the progress regarding the Gas Department's meter transmission units (MTU); issues regarding data collection units (DCU); the number of no -reads from MTUs; public awareness of the Development Services portal; and if there is a sequence of steps to assist users through the Development Services permitting process. G. MINUTES: 2. Regular Meeting of April 16, 2019 and Special Meeting of April 15, 2019. Mayor McComb referred to approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Hernandez and passed unanimously (Council Member Roy - absent). City of Corpus Christi Page 3 Printed on 4/25/2019 City Council Meeting Minutes April 23, 2019 H. BOARD & COMMITTEE APPOINTMENTS: 3. Building Standards Board Coastal Bend Council of Governments Human Relations Commission Parks and Recreation Advisory Committee Water Resources Advisory Committee Mayor McComb referred to board and committee appointments. The following appointments were made: Building Standards Board Council Member Roy made a motion to appoint Navid Zarghooni (At -Large), seconded by Council Member Smith and passed unanimously. Coastal Bend Council of Governments Council Member Smith made a motion to reappoint Keith Selman, Rudy Bentancourt, Pat Eldridge (Alternate), Rebecca Huerta (Alternate), Lawrence Mikolajczyk (Alternate), Richie Quintero, Tom Tagliabue, Mark Van Vleck (Alternate) and appoint Dan McGinn, seconded by Council Member Hunter and passed unanimously. Mayor McComb made a motion to reappoint Rudy Garza, Michael T. Hunter, Ben Molina, and Greg Smith, seconded by Council Member Guajardo and passed unanimously. Human Relations Commission Mayor McComb made a motion to appoint Marigold C. Boone (Youth), Andrew S. Leeton (Youth), and Andrea I. Reyes (Youth), seconded by Council Member Guajardo and passed unanimously. Parks and Recreation Advisory Committee Council Member Barrera made a motion to appoint Howard L. Schauer, seconded by Council Member Smith and passed unanimously. Water Resources Advisory Committee Mayor McComb made a motion to reappoint Brian Williams (Wholesale Treated), Faren K. Von Duben (Large Commercial Customer), JoeIle Francois (Residential Customer), Roberto A. Reece (Military Facility) and Rocky Freund (Nueces River Representative) and to appoint Barrett Fines (Port Industries Representative), seconded by Council Member Molina and passed unanimously. City of Corpus Christi Page 4 Printed on 4/25/2019 City Council Meeting Minutes April 23, 2019 I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 10) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda Council members requested that Items 4 and 7 be pulled for individual consideration. There were no comments from the public. A motion was made by Council Member Smith, seconded by Council Member Garza, 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 5. Service Agreement for Information Technology Consulting Services 6. 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. This Motion was passed on the consent agenda. Enactment No: M2019-062 Second Reading Ordinance - Amending the Wastewater Collection System Master Plan by relocating lift station 13 to the as -built location (1st Reading 9/16/19) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031743 8. Second Reading Ordinance - Accepting and appropriating State City of Corpus Christi Page 5 Printed on 4/25/2019 City Council Meeting Minutes April 23, 2019 9. Grant for Law Enforcement Officer Standards and Education account for training and equipment (1st Reading 4/16/19) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031744 Second Reading Ordinance - Cession agreement to cede extraterritorial jurisdiction of certain areas to the City of Portland (1st Reading 4/16/19) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031745 10. Second Reading Ordinance - Approving amendment to TIRZ #2 Project and Financing Plan (1st Reading 4/16/19) Ordinance approving the amendment to the Tax Increment Reinvestment Zone #2 amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas, regarding the approval of funds up to $4,000,000 for the Park Road 22 Bridge Project. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031746 4. Payment for Cleaning of Sanitary Sewer Mains in the Downtown 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). Mayor McComb referred to Item 4, ratifying payment to Ace Pipe Cleaning, Inc. for the cleaning of sanitary sewer mains in the downtown area. Executive Director of Water Utilities Dan Grimsbo and a council member discussed the following topics: ratifying a payment that has already been paid; that in November 2018, there was a request to expand the existing contract with CSI Consolidated, LLC by 25% for $268,000; that the renewal of the contract is for $536,000; if the funding that was approved on December 4, 2018 will be used to City of Corpus Christi Page 6 Printed on 4/25/2019 City Council Meeting Minutes April 23, 2019 pay for the contract with Ace Pipe Cleaning, Inc.; that the 25% expansion was to facilitate finishing up the work; and that going forward, ensuring there is adequate funding to meet contractural obligations. There were no comments from the public. Council Member Smith made a motion to approve the motion, seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: M2019-061 7. Second Reading Ordinance - Dedicating Wetland Preserve for Harbor Bridge Replacement Project (HBRP) (1st Reading 4/16/19) 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 Final Mitigation Plan for the US 181 Harbor Bridge Replacement Project filed by Flatiron-Dragados, LLC. Mayor McComb referred to Item 7, dedicating wetland preserve for the Harbor Bridge Replacement Project. Mayor McComb stated that the City Council received additional information prior to the Council meeting and recommended that the item be tabled to allow staff time to review the information. There were no comments from the public. Mayor McComb made a motion to table this item, seconded by Council Member Smith. This Item was tabled with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 L. RECESS TO CORPORATION MEETING: (ITEM 11) Mayor McComb recessed the Regular council meeting at 1:09 p.m. to hold a special meeting of the North Padre Island Development Corporation. 11. Special Meeting of the North Padre Island Development Corporation This Corporation Meeting was held. M. RECONVENE CITY COUNCIL MEETING City of Corpus Christi Page 7 Printed on 4/25/2019 City Council Meeting Minutes April 23, 2019 Mayor McComb reconvened the regular Council meeting at 1:14 p.m. N. FUTURE AGENDA ITEMS: (ITEMS 12 - 16) Mayor McComb referred to Future Agenda Items. City Secretary Rebecca L. Huerta announced that Council Member Hunter abstained from Item 15. Interim City Manager Keith Selman did not have any planned presentations. 12. Resolution authorizing a Service Agreement for Autoscale System Support for Solid Waste Operations Resolution authorizing a five-year service agreement for autoscale hardware and software maintenance support with Mettler Toledo, Inc., of Columbus, Ohio for a total amount not to exceed $84,647. This Resolution was recommended to the consent agenda. 13. Purchase of Guns for the Police Department Motion authorizing the purchase of new guns and exchange of trade-ins for credit for the Corpus Christi Police Department from Proforce Law Enforcement, of Prescott, Arizona for a total amount not to exceed $149,840. This Motion was recommended to the consent agenda. 14. Purchase of Police Utility Vehicles for the Police Department Motion authorizing the purchase of 23, 2020 Ford Police Interceptors from Silsbee Ford Inc. of Silsbee, Texas and five 2019 Chevrolet Tahoe police pursuit vehicles from Lake Country Chevrolet of Jasper, Texas for a combined total amount not to exceed $988,851.50 as per the following: Silsbee Ford Inc. Silsbee, Texas $805,691.00 Lake Country Chevrolet Jasper, Texas $183,160.50 This Motion was recommended to the consent agenda. 15. Resolution for Renewal of Property Insurance for City -Owned Property Resolution authorizing renewal of property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance, through Carlisle Insurance Agency, Broker of Record, for upcoming policy year (May 5, 2019 - May 5, 2020) in exchange for annual premium of $2,194,681.15. This Resolution was recommended to the consent agenda. City of Corpus Christi Page 8 Printed on 4/25/2019 City Council Meeting Minutes April 23, 2019 16. Service Agreement for Mowing and Grounds Maintenence Services Of Street Rights -of -Way, Circles and Medians for Storm Water Group 1 Motion authorizing a 42 -month service agreement for mowing and grounds maintenance services of street rights-of-way, circles and medians for Storm Water Group 1 with CML Services, LLC of Corpus Christi, Texas for a total amount not to exceed $309,721.28. This Motion was recommended to the consent agenda. U. EXECUTIVE SESSION: (ITEMS 30 - 32) Mayor McComb deviated from the agenda and referred to Executive Session Item 31. The Council went into executive session at 1:14 p.m. The Council returned from executive session at 2:09 p.m. 31. 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. This E -Session Item was discussed in executive session. O. RECESS FOR LUNCH The recess for lunch was held during Executive Session Item 31. P. PUBLIC HEARINGS: (ITEMS 17 - 18) 17. First Public Hearing - La Quinta Corridor Annexation Public hearing on a proposed annexation of up to 1,500 acres of land generally located along the north side of Corpus Christi Bay within San Patricio County. This annexation includes parcels of land located between the Cities of Portland and Gregory from US Highway 181 to Farm -to -Market 2986; and parcels of land located south of State Highway 35, east of US Highway 181, and west of La Quinta Road. Mayor McComb referred to Item 17. Director of Planning and ESI Daniel McGinn stated that the purpose of this item is to hold the first public hearing as part of the annexation process for the La Quinta Corridor. Mr. McGinn presented the following information: the annexation milestones; an overview of the annexation area; the annexation tract; the annexation area profile; the municipal service plan; and next steps. Mayor McComb opened the public hearing. There were no comments from the City of Corpus Christi Page 9 Printed on 4/25/2019 City Council Meeting Minutes April 23, 2019 public. Mayor McComb closed the public hearing. 18. Second Public Hearing for the Annexation of 161.56 acres in the London Area Q. Public hearing on a proposed annexation of land generally located on both sides of County Road 33 and to the north of FM 43. Mayor McComb referred to Item 18. Director of Planning and ESI Daniel McGinn stated that the purpose of this item is to hold the second public hearing as part of the petition requesting annexation by area landowners of approximately 161.56 acres in the London Area. Mr. McGinn presented the following information: background on the annexation process; an aerial overview of the annexation tract; the proposed development plan; the fiscal impact analysis; projected revenues; infrastructure/utility improvements to County Road 33; projected increase in street construction revenues; and an annexation schedule. Mayor McComb opened the public hearing. Council members discussed the following topics: that this is a voluntary annexation requested by the developers; that the cost of arterials and collectors is not included in the fiscal impact analysis; a future conversation to address arterials and collectors during the annexation process; a request by a council member for staff to provide a presentation and recommendation regarding public improvement districts, municipal utility districts or other options to address projects in the City's extraterritorial jurisdiction. John Medina, 4931 Mokry, asked questions regarding the location of the annexation and access to the subdivision. Bart Braselton, 5905 Lago Vista Drive, stated that the developers are working with partners in the area for ways to facilitate funding for County Road 33. Mayor McComb closed the public hearing. Council members and staff discussed the following: the portion of County Road 22 that is being annexed; the entity responsible for improving County Road 33 in the future; the reason the City is not annexing the remaining portion of County Road 33; discussions with Nueces County and London Independent School District; that if the roadway is improved and dedicated to the City, the City would be responsible for the road; that if the road remains outside the incorporated area, Nueces County would be responsible for the road; cost associated with public safety protection and response; that the City currently answers calls for public safety outside the city -limits; and the need for additional public safety officers in the area in the future. REGULAR AGENDA: (ITEMS 19 - 20) 19. Second Reading Ordinance - Approving a Developer Agreement for Park Road 22 Bridge (1st Reading 4/16/19) Ordinance appropriating $4,000,000 from the TIRZ #2 fund for City of Corpus Christi Page 10 Printed on 4/25/2019 City Council Meeting Minutes April 23, 2019 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. Mayor McComb referred to Item 19, a developer agreement with Diamond Beach Holdings, LLC and Padre Island Holdings, LLC for development of the third -party canal for the Park Road 22 Bridge. Assistant City Manager Mark Van Vleck and council members discussed the following topics: that construction on the Park Road 22 Bridge will not commence until the canal and bulkhead are substantially complete; the cost of the Park Road 22 Bridge; that if bids for the bridge are higher than anticipated, staff will bring back to City Council; and the expected completion date of the canal. There were no comments from the public. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second 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 Enactment No: 031747 20. Service Agreement for Body Worn Cameras for the Police Department Motion authorizing a five-year service agreement for body worn cameras for the Police Department with Turn -Key Mobile, Inc., of Jefferson City, Missouri for a total amount not to exceed $509,215. Mayor McComb referred to Item 20. Police Chief Mike Markle stated that the purpose of this item is to approve a five-year service agreement for body worn cameras for the Police Department with Turn -Key Mobile, Inc. for a total amount not to exceed $509,215. Council members and Chief Markle discussed the following topics: that repair and maintenance of the cameras are included in the agreement; the benefits of body worn cameras; that the City saved money by storing the data from the camera locally; and a council member requested information regarding grants City-wide. Mayor McComb called for comments from the public. John Medina, 4931 Mokry, spoke in support of this item and requested that the City release the footage from body cameras related to a recent shooting involving Corpus Christi police officers. Chief Markle stated that the City does not release information during an active investigation. Council Member Garza made a motion to approve the motion, seconded by City of Corpus Christi Page 11 Printed on 4/25/2019 City Council Meeting Minutes April 23, 2019 Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: M2019-063 R. FIRST READING ORDINANCES: (ITEMS 21 - 28) Mayor McComb referred to First Reading Ordinances. There were no comments from the Council or the public. Council Member Smith made a motion to approve Items 21 - 28, seconded by Council Member Hunter. These Ordinances were passed on first reading and approved with one vote. 21. First Reading Ordinance - Appropriating funds for "one-time" purchases for the Police Department Ordinance appropriating $74,920 from the Unreserved Fund Balance in the Crime Control District Fund for "one-time" expenditures and amending the FY2018-2019 Operating Budget adopted by Ordinance No. 031504 by increasing expenditures by $74,920. 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 22. First Reading Ordinance - Accepting and appropriating Homeland Security - Operation Stonegarden Grant funds within the Police Department Ordinance accepting a grant in the amount of $250,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under FY2018 Department of Homeland Security Grant Program Operation Stonegarden; and appropriating $250,000 in Police Grants Fund. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 12 Printed on 4/25/2019 City Council Meeting Minutes April 23, 2019 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 23. First Reading Ordinance - Accepting and appropriating grant funds for the Click It or Ticket program within the Police Department Ordinance accepting $17,987.36 from State of Texas, Department of Transportation for FY2019 Click It or Ticket program grant; and appropriating $17,987.36 in Police Grants Fund. 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 24. First Reading Ordinance - Accepting and appropriating a Citgo donation for the Fire Department Ordinance authorizing the acceptance of a donation from Citgo in the amount of $175,000 to be used to support the Corpus Christi Fire Department; and appropriating the funds into the Fire Grant Fund No. 1062. 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 25. First Reading Ordinance - Contract with Naval Air Station Corpus Christi for Wastewater Line Repairs Ordinance authorizing contract with Naval Air Station Corpus Christi (NASCC) for $232,411.38 and change order for $40,769.24 for NASCC wastewater line repairs; and appropriating said payments upon receipt in City of Corpus Christi Page 13 Printed on 4/25/2019 City Council Meeting Minutes April 23, 2019 the No. 4200 Wastewater Utilities Fund. 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 26. First Reading Ordinance - Amending the AEP Texas, Inc. Electric Franchise Fee 5% Increase Ordinance of the City Council of the City Of Corpus Christi amending the franchise with AEP Texas Inc. to change compensation or consideration to be paid for use of the public rights-of-way; providing an effective date; providing for acceptance by AEP Texas Inc.; finding and determining that the meetings at which this ordinance was considered were open to the public and in accordance with Texas law. 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 27. First Reading Ordinance - Approving an additional tariff for AEP Texas, Inc. Electric Franchise Fee 5% Increase Ordinance of the City Council of the City of Corpus Christi approving an additional tariff for the recovery of franchise fees not currently being recovered in base rates by AEP Texas Inc.; and finding and determining that the meetings at which this ordinance was considered were open to the public and in accordance with Texas law. 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 28. First Reading Ordinance - Accepting and Appropriating Revenue City of Corpus Christi Page 14 Printed on 4/25/2019 City Council Meeting Minutes April 23, 2019 for Revocable Easement to Epic Crude Pipeline, LP Ordinance accepting and appropriating $41,029 of revenue from Epic Crude Pipeline, LP; authorizing the City Manager or designee to execute a Revocable Easement to Epic Crude Pipeline, LP to permit one 30 -inch pipeline for transportation of crude oil across City owned property known as Mobile Estates Park, operated by the City Park & Recreation Department; appropriating the compensation received into its Community Enrichment Fund No. 4720. 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 S. BRIEFINGS: (ITEM 29) 29. How to Create a Tax Increment Reinvestment Zone for the North Beach Area Mayor McComb referred to Item 29. Business Liaison Arlene Medrano stated that the purpose of this item is to provide an overview of how to create a Tax Increment Reinvestment Zone (TIRZ) for the North Beach area. Ms. Medrano presented the following information: tools for local economic development; tax increment financing (TIF); a graph on how a TIRZ works; the City's current TIRZ located on the island and downtown; TIRZ requirements; developed and undeveloped areas; TIRZ created by petition; limitations on TIRZ boundaries; the procedure for creating a TIRZ; the contents of the financing plan and project plan; and next steps. Council members and staff discussed the following topics: the economic feasibility study; that either a city or a county can create a TIRZ; if the City has engaged in conversations with other taxing entities related to participation in the TIRZ; the need to have a partnership with other taxing entities in order to create a TIRZ; the cost of a feasibility study; the potential investment; the difference between an opportunity zone and a TIRZ; that the Texas State Aquarium and U.S.S. Lexington pay only sales tax; that the report from Urban Engineering will provide information regarding the cost of a canal to address drainage on North Beach; staff's meeting with the North Beach Infrastructure Taskforce; and the amount of funding the City has already spent to address drainage on North Beach. Interim City Manager Keith Selman read the project scope provided by Urban Engineering regarding the Canal Feasibility Study. Council members asked questions regarding the inclusion of the cost of the canal and expanding the scope to include other alternatives to address the drainage. City of Corpus Christi Page 15 Printed on 4/25/2019 City Council Meeting Minutes April 23, 2019 Larry Urban, Urban Engineering, discussed the feasibility and effectiveness of a canal to address drainage on North Beach. Council members discussed the following topics: the economic feasibility study; the preliminary list of projects; the definition of residential property in a TIRZ; that the project list include drainage, beach erosion, beach access, and parking; other studies the City has regarding flood mitigation on North Beach; if the canal concept is to mitigate flooding or be an amenity for economic development; the difficulties of a TIRZ financing the drainage problem; expanding the scope to include other alternatives to mitigate the drainage problem; how the City engaged the services of Urban Engineering; the estimated cost of drainage solutions; an analysis of water features that include creating ponds to inventory the water; if a canal concept would work on North Beach; and the estimated amount of funding a TIRZ would receive on North Beach. Council Member Hernandez made a motion directing the Interim City Manager to work with Urban Engineering to include additional drainage options and the associated costs to the canal feasibility study presented, seconded by Council Member Guajardo and passed unanimously. T. LEGISLATIVE UPDATE: None. U. EXECUTIVE SESSION: (ITEMS 30 - 32) Mayor McComb referred to the day's executive sessions. The Council went into executive session at 4:08 p.m. The Council returned from executive session at 4:53 p.m. 30. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning litigation including, but not limited to, an electricity rate case expected to be filed with the Texas Public Utilities Commission by AEP Texas/AEP Texas Central Company/AEP Texas North Company. This E -Session Item was discussed in executive session. 31. 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 31 and the following motion was considered: Motion to appoint Peter D. Zanoni as City Manager, effective May 20, 2019 and authorize the Mayor to execute an employment agreement with said person, with the following parameters: Annual Base Salary - $300,000 plus 5% at first anniversary; Vehicle Allowance - $7,200 per year; Cell phone Allowance - $840 per year; 457 plan payment - $19,000 per year; all other regular employee City of Corpus Christi Page 16 Printed on 4/25/2019 City Council Meeting Minutes April 23, 2019 benefits; Severance - 12 months salary & payment of health insurance; and up to $16,000 for moving & relocation expenses and obligation to establish residence in City. Mayor McComb and council members expressed appreciation to Interim City Manager Keith Selman for his work and dedication while serving as interim and thanked City staff and the volunteers who assisted during the City Manager candidate process. Mayor McComb made a motion to approve the motion, seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: M2019-064 32. 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). This E -Session Item was discussed in executive session. V. IDENTIFY COUNCIL FUTURE AGENDA ITEMS None. City of Corpus Christi Page 17 Printed on 4/25/2019 City Council Meeting Minutes April 23, 2019 W. ADJOURNMENT The meeting was adjourned at 5:08 p.m. City of Corpus Christi Page 18 Printed on 4/25/2019 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 23, 2019 Action Item for the City Council Meeting of April 30, 2019 DATE: April 23, 2019 TO: Keith Selman, Interim City Manager FROM: Lawrence Mikolajczyk., Director of Solid Waste Operations lawm@cctexas.com (361) 857-1957 Kim Baker, Director of Contracts and Procurement Department KimB2@cctexas.com (361) 826-3169 Service Agreement for Autoscale System Support CAPTION: Resolution authorizing a five-year service agreement for autoscale hardware and software maintenance support with Mettler Toledo, Inc., of Columbus, Ohio for a total amount not to exceed $84,647. PURPOSE: This service agreement is for the weighing and information scale hardware and software maintenance systems utilized by Solid Waste Department. BACKGROUND AND FINDINGS: This agreement consists of weighing scales and the Central Management Reporting System at Cefe Valenzuela Landfill and J.C. Elliott Landfill Transfer Station. The City's refuse disposal operations generate significant revenue and requires assurance that weights for solid waste received and corresponding landfill fees are accurately assessed and recorded. The Cefe Valenzuela Landfill scale computer hardware and software systems are designed, installed, and maintained by Mettler Toledo, Inc. Mettler Toledo software is also used to operate the J.C. Elliott Transfer Station scale computer system. This is a sole source purchase. Mettler Toledo is the sole source distributor of the Autoscale Weighing and Information System. 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: Solid Waste Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $434,043.75 $74,771.52 $508,815.27 Encumbered / Expended Amount $111,669.49 $0.00 $111,669.49 This item $9,875.48 $74,771.52 $84,647.00 BALANCE $312,498.78 $0.00 $312,498.78 Fund(s): General Fund 1020, Org 12500, Acct# 530000 Comments: The contract total is $84,647.00 of which $9,875.48 is funded in FY2018-2019. The remaining cost will be budgeted in future years. RECOMMENDATION: Staff recommends approval of this action item. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Service Agreement Resolution authorizing a five-year service agreement for autoscale hardware and software maintenance support with Mettler Toledo, Inc., of Columbus, Ohio for a total amount not to exceed $84,647. WHEREAS, The Mettler Toledo, Inc. will provide hardware and software maintenance support for the weighing scales and central management reporting systems for Solid Waste Department; WHEREAS, this system is critical in accurately sustaining the scale computer systems located at the Landfills for Solid Waste Department. WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there are two statutory exceptions for this procurement in Local Government Code, Section 252.022(a) (2) and (a) (7) (A), as this purchase is necessary to preserve or protect the public health and safety of the municipality's residents and this item is available from only one source because of 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 five-year service agreement with Mettler Toledo Inc., of Columbus, Ohio as a sole source purchase necessary to protect the public health and safety of the City's residents, for a total amount not -to -exceed $84,647. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Page 1 of 2 Corpus Christi, Texas day of , 2019. The above resolution was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith Page 2 of 2 City of Corpus Christi Purchasing Division Buyer: Cynthia Perez Price Sheet Auto Scale System Support TOTAL $84,647.00 Mettler Toledo Columbus,OH ITEM DESCRIPTION QUANTITY EXTENDED TOTAL 1 Cefe Landfill 1 each $59,005.00 2 Elliott Landfill 1 each $10,587.00 3 Central Management Reporting System 1 each $15,055.00 TOTAL $84,647.00 SERVICE AGREEMENT NO. 65144 Autoscale System Support THIS Autoscale System Support Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Mettler -Toledo, LLC. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Autoscale System Support in response to Request for Bid/Proposal No. SS 65144 ("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 Autoscale System Support ("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 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-month/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 $84,647.00, 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 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: Gabriel Maldonado Department: Solid Waste Department Phone: (361) 826-1986 email: GabrielM3@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 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. The products shall be deemed accepted upon delivery or calibration, if Subcontractor is responsible for calibration (for products) and services shall be deemed accepted upon completion, being upon issuance of installation, calibration, or any other applicable certificate signifying completion. 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. 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 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. Service Agreement Standard Form Page 3 of 7 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: Gabriel Maldonado Title: Contracts/Fund Administrator Address: 2525 Hygeia St., Corpus Christi, Texas 78415 Phone:(361) 826-1986 Fax:(361) 826-1971 Service Agreement Standard Form Page 4 of 7 IF TO CONTRACTOR: Mettler -Toledo, LLC Attn: Matthew Bendick Title: Head of Service Operations With a Copy to: Legal Department Address: 1900 Polaris Parkway, Columbus, OH 43232 Phone: (859) 266-3000 ext. 12 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 ANY MATERIAL BREACH IN THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, OR WILLFUL MISCONDUCT 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. Although Contractor will be responsible for the damages caused by Contractor as above, Contractor's total liability will not exceed the aggregate value of this Agreement giving rise to the claim, and the parties agree that this limitation will not cause this Agreement to fail in accomplishing its essential purpose. Neither the City nor Contractor will be responsible to the other or any third party for any type of consequential, indirect, punitive or similar damages. Service Agreement Standard Form Page 5 of 7 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 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 Service Agreement Standard Form Page 6 of 7 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. 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 METTLER-TOL' , LLC Signature: Printed Name: Matthew Bendick Head of Service Title: 3/11/2019 Date: CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division Date: APPROVED AS TO LEGAL FORM Attached and Incorporated by Reference: Assistant City Attorney Date 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 65144 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Attachment A - Scope of Work 1.1. General Requirements A. The Contractor will provide software and hardware maintenance support for the autoscale system located at the Solid Waste Departments. The support is for the scales and the central management reporting system for both locations. B. The Contractor is responsible for telephone assistance support, software will include updates and end user training will be a one-time per year upon request via Web -ex. C. The Solid Waste Departments consist of J.C. Elliott Landfill located at 7001 Ayers St., Corpus Christi, Texas, Cefe Valenzuela Landfill located at 2397 CR 20, Robstown, Texas 78380. Attachment B - Bid/PricingSchedule :r., - sa. ,q,' •.%'•,-. ,.•�};}f,:' _if:9g;` :.�:_ R.;: ...:.: ;�- -. .!� .i g 5 •c .�• i.fi •:4 n '-a' -fir ;a �•�i�-X'�r:11',t;: L.,_`•[F;. •>s,C'.'.. -�j.�.,yv�+J�tgr•: - ♦:�e:• ...,,,aM}.1"1:G.n.�8'r'+i'--Snf-+�-.:-�k�M}:� �•t.- J +t .nvk ;,x;...J• f.+n��..x:q ,c:v_, ':.i may ';� . 4;- ••',: . ft;i t .�t i,Ire ,rnae Jr J»����a,` . ..��'w'r.6r� T.�i -r � `F'r'J'•� is i5r: �:P• F'•zi a rt 1' "�1b�� �'t'•0.:. ....�:�•,-= •4;' �•: r::::s •- ;''._•!.. ,.ar:Jsfy'::e.,,`y.. :s;Yr•,...N,. ,•j.s.;''; >JT •?�?.'. j:Y:4 .1-.•'M �" �i�':•�r.' =1 - .: !nzE- $�� • :: .:S' •f � moils System Support - Autoscale support (Elliott LF) First Year 1 YR 2,034.00 2,034.00 System Support - Autoscale support (Cefe V LF) First Year 1 YR 11,340.00 • 11,340.00 System Support-Autoscale support (CMRS) First Year 1 YR 2,893.00 2,893.00 System Support - Autoscale support (Elliott LF) Second Year YR 2075.00 2075.00 System Support - Autoscale support1 (Cefe V LF) Second Year YR 11567.00 11567.00 System Support - Autoscale support (CMRS) Second Year 1 YR 2951.00 2951.00 System Support - Autoscale support1 (Elliott LF) Third Year YR 2117.00 2117.00 System Support - Autoscale support1 (Cefe V LF) Third Year YR 11798.00 9.o y 1611 % System Support - Autoscale support (CMRS) Third Year 1 YR 3010.00 3010.00 System Support - Autoscale support1 (Elliott LF) Fourth Year • YR 2159.00 2159.00 System Support - Autoscale support 1 (Cefe V LF) Fourth Year YR 12034.00 12034.00 System Support - Autoscale support 1 (CMRS) Fourth Year YR 3070.00 3070.00 System Support - Autoscale support1 (Elliott LF) Fifth Year YR 2202.00 2202.00 System Support -; Autoscale support1 (Cefe V LF) Fifth Year YR 12275,00 12275.00 System Support - Autoscale support (CMRS) Fifth Year 1 YR 3131.00 3131.00 TOTAL $ 84,647.00 Attachment C - Insurance Requirements No insurance requirements necessary for this service agreement; Section 5. (A) and (B) are null and void for this service agreement. Attachment C - Bond Requirements No bond requirements necessary for this service agreement; Section 5. (B) is null for this service agreement. Attachment D - Warranty Requirements Products and Services provided under this Agreement shall be subject to Contractor's standard warranty. Contractor's standard warranty is hereby incorporated as follows: MT Standard Warranty WARRANTIES: ABSENT A SEPARATE WRITTEN WARRANTY MT ISSUES BUYER, MT EXPRESSLY WARRANTS ITS EQUIPMENT, SOFTWARE, AND SERVICES SOLELY AS SET FORTH IN THIS SECTION. TO THE FULLEST EXTENT ALLOWED BY LAW, MT DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). THESE WARRANTIES MAY BE TRANSFERRED TO A SUBSEQUENT PURCHASER OF EQUIPMENT OR A SUBSEQUENT LICENSEEE OF SOFTWARE ONLY WITH MTS PRIOR WRITTEN CONSENT. IN ADDITION, THE FOLLOWING CONSTITUTES BUYER'S SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY MT OF THIS WARRANTY. A. EQUIPMENT — MT warrants that under normal use: (i) its equipment, except for replacement parts, will be free from defects in workmanship and materials for one year from the date of original installation/use, or 18 months from the date it is shipped from MT, whichever occurs first; and (ii) replacement parts will be free from defects in workmanship and materials for 90 days from delivery. Should the defects described be found and reported during the term of the warranty, MT will, at its option, refund the purchase price, replace the equipment, or correct the defects by furnishing replacement parts and labor free of charge. Travel up to 80 kilometers (50 miles) from our nearest service representative or authorized service provider is free of charge for valid warranty claims. B. SOFTWARE — If it is properly installed according to specifications and system requirements, MT warrants the software it develops will perform substantially the functions described in the software documentation it provides or, in the absence of any software documentation, as otherwise agreed in writing. MT does not warrant that the software is error -free, that Buyer will be able to operate the software without interruption, that third party interfaces or systems connected to the software will operate without interruption, or that the software will be free of vulnerability to intrusion or attack. Absent a separate warranty MT communicates to Buyer in writing, the warranty period for equipment operating software is the same as the warranty period for the equipment it's purchased with. The warranty period for any other software or software feature is 90 days from the date of delivery. For avoidance of doubt, our warranty includes bug fixing, but excludes any new features. Except as may be agreed otherwise in writing, MT provides no warranty for software specifically developed, amended, or customized for Buyer. These warranties also apply to any new releases and service MT may deliver in the future. C. SERVICE — MT warrants that services will be performed in a workmanlike manner in conformity with standard industry practice. Should any nonconformity be detected within 30 days after the work is completed and Buyer gives MT prompt written notification, MT will supply the necessary service, direction, or consultation to correct the nonconformity. D. GENERAL — The foregoing warranties are further subject to the following general conditions: (i) Consumables, accessories, normal wear and tear, wear parts, and perishables are expressly excluded. (ii) If Buyer requests warranty work during non-standard work times Buyer will be charged for premium time. (iii) These warranties do not apply where MT's equipment and/or software has been subjected to: accident, alteration, misuse, abuse, failure by Buyer to ensure proper storage, operation and/or maintenance, installation or servicing by personnel MT doesn't authorize, the addition or supply of equipment or software not approved for incorporation into MT's, environmental or operational conditions, or software or interfacing Buyer or a third party provide and any other causes MT is not responsible for. (iv) MT does not warrant the calibration of any equipment. MT does, however, warrant its equipment to be capable of being adjusted to meet MT's printed specifications, if any, for accuracy for the period of warranty above stated when properly installed and used. (v) Products of other manufacturers that MT sells are warranted by MT solely to the extent of any remaining warranty provided by the original manufacturer. (vi) If MT repairs equipment, such repair work will not extend existing nor generate new warranty coverage for the equipment as a whole or for those parts not repaired or replaced by MT. Unless Buyer gives MT written notice in advance, and MT agrees its warranty still applies, all warranties are void if product is moved outside the country MT delivered it to. E. METHODS OF CORRECTION OF DEFECTS DURING WARRANTY — MT may attempt to diagnose and resolve defects over the telephone or electronically. Certain equipment contains remote support capabilities for direct problem reporting, remote problem determination, and resolution. When Buyer contacts MT for warranty work, Buyer must follow the problem determination, resolution, and procedure that MT specifies. MT may require return of the part or equipment to its depot for service or to assist in problem determination. If MT determines on-site work is required, a service technician will be scheduled. If Buyer gives MT notice of a defect and requests on-site work when the defect could have been remedied remotely, or if MT responds to Buyer's notice of defect and no defect is found for which MT is liable, MT is entitled to compensation for any work performed and costs it incurred as a result of Buyer's request. Failure to install and use available remote connectivity tools and equipment for direct problem reporting, remote problem determination, and resolution may result in increased response -time and additional costs to Buyer. AGENDA MEMORANDUM Future Item for the City Council Meeting of April 23, 2019 Action Item for the City Council Meeting of April 30, 2019 DATE: April 23, 2019 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikema c@cctexas.com 886-2603 Kim Baker, Director of Contracts and Procurement Department Kimb2@cctexas.com 826-3169 Guns for Police Department CAPTION: Motion authorizing the purchase of new guns and exchange of trade-ins for credit for the Corpus Christi Police Department from Proforce Law Enforcement, of Prescott, Arizona for a total amount not to exceed $149,840. PURPOSE: This item is to approve the purchase and trade-in of guns for the Corpus Christi Police Department. BACKGROUND AND FINDINGS: The Police Department, Airport Public Safety, Municipal Court Marshals, and the Fire Department began using the Smith and Wesson M&P .40 caliber in 2014. The current .40 caliber pistols are aging and are starting to have more recoil and magazine spring failures. This is primarily due to "spring set" and a high round count that is nearing the manufacturers recommended complete spring replacement every 5 years or 5000 rounds. Night sights have a service life of 6-10 years. As more weapons begin to age, the mandatory maintenance must be completed at a per pistol cost of $201. It is recommended that the aging .40 caliber pistols currently in use be replaced with the Smith and Wesson 9mm pistols. The annual cost of ammunition for the 9mm pistols (practice as well as duty carry ammo) is $21,448 less than the .40 caliber pistols which will allow for additional qualifications for officers. With the trade-in of the .40 caliber pistols as well as other weapons, the cost per pistol will be $282. The Purchasing Division conducted a competitive Request for Bid process to obtain bids from qualified firms to provide new guns for the Police Department and issue credit in exchange for trade-ins. The City received two bids in total however one bidder bid only the holsters. Staff concluded the lowest responsive, responsible bidder is Proforce Law Enforcement and therefore, recommends award to Proforce Law Enforcement. 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: x0 Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018- 2019 Current Year Future Years TOTALS Line Item Budget $1,611,278.94 $0 $1,611,278.94 Encumbered / Expended Amount $283,476.51 $0 $283,476.51 This item $149,840.00 $0 $149,840.00 BALANCE $1,177,962.43 $0 $1,177,962.43 Fund(s): Muni-Ct General Fund 1020, Org. 10475, Acct# 520090 $1,730.55; Airport 4610, Org. 35050, Acct# 520090 $6.922.80; Fire Prevention General Fund 1020, Org. 12020, Acct# 520090 $1,384.44; Law Enforce Trust (Grant Fund) 1074, Org. 826100F $69,901.10; and, CC Crime Control 9010, Org. 11711, Acct# 520090 $69,901.11 Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: JOHN ELIZONDO BID TABULATION RFB NO. 1995 GUNS FOR POLICE DEPARTMENT ITEM DESCRIPTION UNIT QTY Proforce Law Enforcement Prescott, AZ GT Distributors, Inc. Austin, TX UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 Smith & Wesson M&P M2.0 Optics Ready 9mm Pistols (SKU 12423) with raised night sights and three 17 round magazines (SKU 194400000) EA 530 $408.00 $216,240.00 2 17 Round Gun Magazines (SKU 194400000) for Smith & Wesson M&P M2.0 Optics Ready 9mm Pistols (SKU 12423) EA 80 $18.75 $1,500.00 3 Black righthanded holster (SKU 6360RDS-2222-481) with basket weave finish. EA 450 $110.36 $49,662.00 $114.94 $51,723.00 4 Black lefthanded holster (6360RDS-2222-482) with basket weave finish. EA 50 $110.36 $5,518.00 $114.94 $5,747.00 SUBTOTALS $272,920.00 $57,470.00 5 Trade-in offer for Used Smith & Wesson M&P .40ca1 Pistols (SKU 151213) available for Exchange EA 530 $191.00 $101,230.00 6 Trade-in offer for Used Smith & Wesson .38ca1 SP Snub -nose Revolver (Model 64) available for Exchange EA 3 $185.00 $555.00 7 Trade-in offer for Used Smith & Wesson .38ca1 SP Revolver (Model 67) available for Exchange EA 4 $300.00 $1,200.00 8 Trade-in offer for Used Smith & Wesson 357ca1 Revolver (Model 66) available for Exchange EA 22 $250.00 $5,500.00 9 Trade-in offer for Used Smith & Wesson 357ca1 Revolver (Model 686) available for Exchange EA 6 $300.00 $1,800.00 10 Trade-in offer for Used GLOCK .40ca1 Pistol (Model 22) available for Exchange❑ EA 44 $255.00 $11,220.00 11 Trade-in offer for Used GLOCK .40ca1 Pistol (Model 22) Magazines available for Exchange EA 140 $6.25 $875.00 12 Trade-in offer for Used Smith & Wesson 12 gauge Shotgun (Model 3000) available for Exchange EA 7 $100.00 $700.00 Note: bids evaluated and contract awarded based on best pricing per line item. Subtotal for items 5 - 12 were subtracted from subtotal for items 1 - 4 to determine Grand Total. SUBTOTALS GRAND TOTALS $123,080.00 $149,840.00 $57,470.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 23, 2019 Action Item for the City Council Meeting April 30, 2019 DATE: April 23, 2019 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management jimd@cctexas.com (361) 826-1909 Mike Markle, Police Chief M ikeMa(a�cctexas.com 361-886-2601 Kim Baker, Director of Contracts and Procurement Department KimB2cctexas.com (361) 826-3169 Police Utility Vehicles for the Police Department CAPTION: Motion authorizing the purchase of 23, 2020 Ford Police Interceptors from Silsbee Ford Inc. of Silsbee, Texas and five 2019 Chevrolet Tahoe police pursuit vehicles from Lake Country Chevrolet of Jasper, Texas for a combined total amount not to exceed $988,851.50 as per the following: Silsbee Ford Inc. Silsbee, Texas $805,691.00 PURPOSE: Lake Country Chevrolet Jasper, Texas $183,160.50 This item is to approve the purchase of the 28 police utility vehicles for the Police Department. BACKGROUND AND FINDINGS: The Police Department currently has a requirement for 74 marked patrol units backed up by 18 spare units to fill in when one of the 74 is being serviced or repaired. Of these 92 total vehicles, 28 are at or approaching the end of their service lives (4 years or 120,000 miles). The 28 new units are replacements. Utilization of the GoodBuy cooperative provides competitive pricing for the City through competitive procurements that are in compliance with Texas local and state procurement requirements. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $8,048,197.36 $0.00 $8,853,888.36 Encumbered / Expended Amount $5,967,646.01 $0.00 $5,967,646.01 This item $988,851.50 $0.00 $988,851.50 BALANCE $1,091,699.85 $0.00 $1,091,699.85 Fund(s): Fleet Maint Svc 5110, Org. 40120 Acct# 550020 $883,500.50 CC Crime Contrl 9010, Org. 11717, Acct# 550020 $105,351.00 Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price List CITY OF CORPUS CHRISTI PURCHASING DIVISION SR. BUYER: JOHN ELIZONDO PRICE SHEET Police Utility Vehicles for the Police Department Silsbee Ford Silsbee, Texas ITEM DESCRIPTION UNIT UNIT PRICE EXTENDED PRICE 1 2020 Ford Police Interceptors 3.3L, V6 23 $35,017.00 $805,391.00 2 GoodBuy Administrative Fee 1 $300.00 $300.00 Total Price $805,691.00 Lake Country Chevrolet Jasper, Texas ITEM DESCRIPTION UNIT UNIT PRICE EXTENDED PRICE 1 2019 Tahoe Police Pursuit Vehicles 5.3L, V8 5 $36,572.10 $182,860.50 2 GoodBuy Administrative Fee 1 $300.00 $300.00 Total Price $183,160.50 Grand Total for All 28 Vehicles $988,851.50 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 23, 2019 Action Item for the City Council Meeting of April 30, 2019 DATE: TO: FROM: April 5, 2019 Keith Selman, Interim City Manager Miles Risley, City Attorney milesr@cctexas.com (361)826-3361 Gilbert Sanchez, Risk Manager gilberts2@cctexas.com (361)826-3739 Renewal of property insurance CAPTION: Resolution authorizing renewal of property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance, through Carlisle Insurance Agency, Broker of Record, for upcoming policy year (May 5, 2019 - May 5, 2020) in exchange for annual premium of $2,194,681.15. PURPOSE: Obtain property insurance for City -owned property. BACKGROUND AND FINDINGS: The City's Property Insurance Program currently carries property insurance coverage including: All Other Perils, Flood, Earth Movement, Wind, Named Storm and Equipment (Boiler/Machinery) Breakdown. The City's Property Insurance Program is a multi -layered program comprised of participating admitted and non -admitted commercial insurance carriers. In addition to traditional insured property (buildings and contents), the City's schedule of insured property includes other specialty insurance type risks including; wharves, baseball stadium, docks, piers and fine arts. (The City also purchases through our broker of record flood insurance for property located wholly or partially within the Special Flood Hazard Areas (SFHA) as defined by the Federal Emergency Management Agency (FEMA) in Flood Zone A and V through the National Flood Insurance Program that is not included in this amount). Total Insured Values for Policy year 2019-20 are $704,560,606 which is approximately 1% over last year (after schedule of value property updated completed in March 2019). Global market conditions continue to deteriorate due to abnormally high worldwide catastrophic events. The past two years have hardened the property market increasing rates that have not been seen since Hurricane Katrina and Rita which increased this year's renewal rates by 10% resulting in an overall net increase in premium $95,349. Staff was projecting a 10% to 25% increase this year. The property insurance market is expected to continue hardened next year and in the foreseeable future, with rates predicted to increase anywhere from 10-25%. The City's Risk Management Division and Carlisle Insurance Agency have collaborated to present the below property insurance renewal. The property insurance renewal over the last three years is summarized in the following table. Total Insured/Value $ Property Rate (per $100 value) Includes recommended option Property premium (primary/excess/) Premium +/- Limits/All Risk Named Storm Flood/Earth Movement $696,422,133 $0.2875 $2,001,750 $776,638 (28% decrease from previous yr.) $250,000,000 $150,000,000 $25,000,000 $707,244,943 $0.2761 $1,952,915 $48,835 (2.2% decrease from previous yr.) $250,000,000 $150,000,000 $50,000,000 $703,725,410 $0.2851 $2,095,849 $157,565 (8% increase) $250,000,000 $150,000,000 $50,000,000 $704,560,606 $0.3115 $2,180,216.15 $85,367 (4% increase) $250,000,000 $150,000,000 $50,000,000 Coverage/Peril Deductible Deductible Deductible Deductible All Risk Flood (storm surge incl,) Named Storm Wind/Hail Earth Movement $50,000 per occur. $100,000 per occur. 2% Total Insurable values at the time of the loss at each location involved in the loss or damage arising out of the named storm subject to a minimum of $250,000 any one occurrence and max. of $4,000,000 any one occurrence. $250,000 per occur $100,000 per occur $50,000 per occur. $100,000 per occur. 2% Total Insurable values at the time of the loss at each location involved in the loss or damage arising out of the named storm subject to a minimum of $100,000 any one occurrence and max. of $4,000,000 any one occurrence. $50,000 per occur $50,000 per occur $50,000 per occur. $100,000 per occur. 2% Total Insurable values at the time of the loss at each location involved in the loss or damage arising out of the named storm subject to a minimum of $100,000 any one occurrence and max. of $4,000,000 any one occurrence. $50,000 per occur $50,000 per occur $50,000 per occur. $100,000 per occur. 2% Total Insurable values at the time of the loss at each location involved in the loss or damage arising out of the named storm subject to a minimum of $100,000 any one occurrence and max. of $4,000,000 any one occurrence. $50,000 per occur $50,000 per occur Optional Coverage Equipment Breakdown $14,631 $14,465 Total: $2,110,480 Funds have been budgeted by the Legal Department in FY 2018-2019. ALTERNATIVES: Not applicable. $2,194,681.15 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: Legal Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2019-2020 Current Year Future Years TOTALS Line Item Budget (Operating Fund 1140) $ 83,006.00 N/A $ 83,006.00 Line Item Budget (Operating Fund 5611) $ 2,618,061.48 N/A $ 2,618,061.48 Line Item Budget (Operating Fund 4710) $ 295,493.00 N/A $ 295,493.00 Encumbered/Expended ($65,775.78) N/A ($65,775.78) This item ($895,910.94) ($1,298,770.21) ($ 2,194,681.15) BALANCE $ 2,034,837.76 $ 1,298,770.21 $ 736,103.55 Fund(s): Fund 1140 Org.13826-Baseball Stadium; Fund 5611-Liability/EB Liability Org. 40520 -Insurance Policy Premiums, Fund 4710 Org. 13625 -Arena Operations; Fund 4710 Org. 13600 -Convention Center/Auditorium Operations 1140-Busines JobDev, 4710-VisitorFacility Fund Comments: Property insurance renewal. RECOMMENDATION: Staff recommend the City renew its property program as cited above with the same limits, sub- limits, policy terms and conditions current coverage limits, deductible structure, and policy terms and provisions. Further, Property renewals for Policy year 2019-20 will be subject to automatic renewal based on the City's broker of record contract with Carlisle insurance agency. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing renewal of property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance, through Carlisle Insurance Agency, Broker of Record, for upcoming policy year (May 5, 2019 — May 5, 2020) in exchange for annual premium of $2,194,681.15. WHEREAS, the City utilizes its broker of record to obtain property insurance including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance for protection of the public health or safety of the municipality's residents; WHEREAS, the current coverages are subject to renewal as of May 5, 2019; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, the City Council finds that this procurement of property insurance qualifies as an exception to competitive bidding under Local Government Code, Section 252.022(a)(2), as this procurement is necessary to preserve or protect the public health or safety of the municipality's residents; and WHEREAS, the City Council also finds that this procurement is authorized pursuant to Texas Local Government Code Section 252.02, which authorizes a sole broker of record to procure necessary coverages for insurance. 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 renew property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance, through City's Broker of Record Carlisle Insurance Agency, for upcoming policy year (May 5, 2019 through May 5, 2020) in exchange for annual premium in the amount of $2,194,681.15. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Page 1 of 2 Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Page 2 of 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 23, 2019 Action Item for the City Council Meeting of April 30, 2019 DATE: April 23, 2019 TO: Keith Selman, Interim City Manager FROM: Jermel Stevenson, Director of Parks and Recreation Department JermelS(c�cctexas.com 361-826-3042 Kim Baker, Director of Contracts and Procurement Department Kimb2@cctexas.com (361) 826-3169 Mowing and Grounds Maintenance Services of Street Rights -of -Way, Circles and Medians for Storm Water Group 1 CAPTION: Motion authorizing a 42 -month service agreement for mowing and grounds maintenance services of street rights-of-way, circles and medians for Storm Water Group 1 with CML Services, LLC of Corpus Christi, Texas for a total amount not to exceed $309,721.28. PURPOSE: The purpose of this motion is to approve a 42 -month service agreement for mowing and grounds maintenance services of street rights-of-way, circles and medians for Storm Water Group 1 for the Parks and Recreation Department. BACKGROUND AND FINDINGS: The mowing and grounds maintenance services for Storm Water Group 1 assist in ensuring the grounds at the site are safe, secure, and presentable at all times. The estimated cost for the Parks & Recreation Department to execute the same or similar work with in-house crews would be $136,775 for the first contract term and $85,755 for each of the remaining two terms for an estimated total cost of $308,285 at bi-weekly service. In this case, it is beneficial for the City to contract out these mowing parcels due to limited City staff only being able to service these areas monthly. The department currently does not have the appropriate staffing level or equipment to maintain the additional acreage. The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids from qualified firms to provide mowing and grounds maintenance services for Storm Water Group 1. The City received 2 qualified bids and one non- responsive bid for these services; staff concluded the lowest responsive, responsible bidder is CML Landscaping, LLC. Staff recommends award to CML Services, LLC. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: X Operating Revenue Capital Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $869,561.05 $267,933.38 $1,137,494.43 Encumbered/Expended Amount $683,797.28 $0.00 $683,797.28 This item $41,787.90 $267,933.38 $309,721.28 BALANCE $143,975.87 $0.00 $143,975.87 Fund(s): StormWater Fund 4300, Org. 32001, Acct #530225 Comments: RECOMMENDATION: Staff recommends approval of this item as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement 2080 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: JOHN ELIZONDO BID TABULATION RFB NO. 2080 MOWING & GROUNDS MAINTENANCE SERVICES OF STREET RIGHTS-OF-WAY, CIRCLES AND MEDIANS FOR SW GROUP 1 ITEM DESCRIPTION CYCLES CML Services, LLC Maldonado Nursery & Landscaping, Inc. Jerry Vega Corpus Christi, TX San Antonio, TX Unknown UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 Storm Water Grp 1 property maintenance - first 18 months 32 $4,178.79 $133,721.28 $14,335.36 $458,731.52 2 Storm Water Grp 1 property maintenance - Year 2 20 $4,300.00 $86,000.00 $14,335.36 $286,707.20 3 Storm Water Grp 1 property maintenance - Year 3 20 $4,500.00 $90,000.00 $14,773.50 $295,470.00 Group 1 Totals $309,721.28 $1,040,908.72 * Jerry Vega submitted a no -bid through the City's Supplier Portal and therefore was considered non-responsive. SERVICE AGREEMENT NO. 2080 Mowing and Grounds Maintenance of Street Rights -of -Way, Circles and Medians for SW Group 1 THIS Mowing and Grounds Maintenance of Street Rights -of -Way, Circles and Medians for SW Group 1 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and CML Services, LLC ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mowing and Grounds Maintenance of Street Rights -of -Way, Circles and Medians for SW Group 1 in response to Request for Bid/Proposal No. 2080 ("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 Mowing and Grounds Maintenance of Street Rights -of -Way, Circles and Medians for SW Group 1 ("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 42 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 $309,721.28, 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: Joshua Wentworth Department: Parks and Recreation Phone: 361-826-3483 emai: JoshuaW©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: Roberta Ortiz Title: Contract Administrator/Funds Administrator Address: 1601 N. Chaparral St. Gugenheim House Corpus Christi, TX 78401 Phone: 361-826-3166 Fax: 361-826-3174 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: CML Services, LLC Attn: David Alvarez Title: Vice President Address: P.O. Box 270100 Corpus Christi, TX 78427 Phone: (361) 730-9191 Fax: (361) 371-5618 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: DA/viol MivZw z Title: Oa PI'tSl(iW*` - Date: b-9t<<� 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. 2080 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 must provide complete mowing and grounds maintenance services for street rights-of-way, circles, and medians including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained as outlined in this Scope of Work. 2 Scope of Work The Contractor shall provide complete mowing and grounds maintenance services including litter and debris removal, mowing, trimming, applying fertilizer to City owned property as shown on Exhibit 1. A. Prep Work 1. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension at the following location: Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. 3. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. However, if the debris is too large to haul, the Contractor shall pile the debris, take a picture and email the picture and location to the Contract Administrator prior to leaving the location. 4. Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. B. Mowing and Trimming 1. Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 2. Cycles Description - ROW/Storm Water Group 1 • Growing Season (March - October) * Bi -weekly - 16 cycles • The Contractor shall schedule mowing cycles 12 to 15 days apart not mowing less than two cycles per month. City Cycle 1: 1st - 15th / City Cycle 2: 16th - to End of Month. • Non -Growing Season (November - February) ** Monthly - 4 cycles **The Contractor shall schedule mowing cycles 25 to 35 days apart not mowing more than two cycles per month. 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on streets, gutters, storm drains or lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. Contractor MUST NOT sweep or blow any grass clippings or leaves into the streets, gutters or other portions of the storm water system including ditches and storm drains. 7. Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. C. Edging 1. A steel disk or steel blade edger shall be used for all required edging for one cycle during March, June, and October. This includes edging of all curbs and sidewalks. String line trimming is acceptable for general monthly maintenance. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. D. Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 3 Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator to ensure there is no interference with activities, rentals or special events. D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator and received permission to proceed with work order. 4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 5 Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the latest version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and the traveling public. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various payment items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 6 Equipment A. All Contractors grounds and turf maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 7 Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator B. Protection of Property: 1. The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at the Contractor's own expense the damaged property to a condition similar or equal to that existing before such damage was done, or shall make good such damage in an acceptable manner. 2. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 8 Notifications and Inspections A. Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract Administrator indicating the locations and work being performed that week for approval. If locations listed on the approved schedule were not mowed and the scheduled requires modifications the revised schedule shall be submitted to the Contract Administrator by 5:00 p.m. the day the location was missed. No work shall be done without proper, prior notification. B. A list of completed locations ready for inspection shall be emailed to the Contract Administrator no later than 7:00 a.m. on the day to be inspected. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies/rejections. In order to receive credit for mowing rejected locations the Contractor shall take whatever action necessary to correct the discrepancies within one working day. Rejected locations not turned in for re -inspection within one business day of the rejection will be deemed incomplete for the cycle and the Contractor will not be given credit. For the purpose of this contract, workdays shall include Monday -Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified, and a $25 re -inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $50 re -inspection fee will be charged. Failure of the forth inspection will deem the property un - serviced and will need to be completed in its entirety, within the same cycle and resubmitted for the first inspection. The Contractor shall deduct the inspection fee from the payment to be made to the City of Corpus Christi. C. The Contractor shall submit invoices ONLY after cycles are completed. All areas will have a 10% penalty for incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. The Contractor will adjust incomplete cycle payment to reflect the properties missed based on the average price per acre, then an additional 1 0% penalty will be applied to the adjusted invoice total. D. The City shall have the right to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees at any time during the contract or extension terms. E. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. G. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. Exhibit 1 - Street Rights -of -Way, Medians, Circles for Storm Water Group 1 Locations ID Group 1 ROW/Storm Water Area/Location Acre 2 Country Club Median Country Club @ 4500 1-37, South side 0.11 3 Elmore Circle 3744 Elmore @ Brooks 0.03 4 Macleod Circle Macleod @ 400 Bartlett 0.12 5 Old Robstown Median 400 Old Robstown from Bartlett to Kenwood 0.16 6 Yerby Circle 400 Yerby St. 0.01 7 Morgan/Baldwin Triangle Morgan © Baldwin © Osage 0.19 8 RTA Greenwood Triangle West intersection of Greenwood and Port St. 0.03 9 Highland Triangle Corner of Highland & Buford on SE side of street. 0.04 10 Cortez Triangle Corners of Cortez, Tampico, and Galvan St. 0.05 11 Airport Triangle SE corner of Post, Eastern & Old Brownsville Rd. 0.04 13 Agnes & Laredo East/West side between Agnes/Laredo to R/R tracts and middle of expressway 0.66 14 Del Mar Triangles Corner of Airport, Old Brownsville & Morgan St. 0.94 15 19th and Morgan Islands on 19th St. 0.03 16 Baldwin R.O.W. 2000 Blk Baldwin SW side Riggins to pass Cloyde to Winstead Build 0.12 17 Leopard St. Medians Rand Morgan Rd. to Rehfield Rd. 9.28 18 Western Dr. Medians Leopard and Western Dr. 0.03 19 McKinzie-Rockwood Horseshoe -Warrior -Rockwood 1.42 20 Peach Tree Median Leopard and Peach Tree 0.03 21 IH 37 Hampshire St. to McBride - Access Rd. 0.81 22 IH 37 Navigation to Port St. - Access Rd. both sides 6.21 23 Old Brownsville Rd. Airport to Navigation w/side, Navigation to NPID 2 sides. 5.11 24 Airport Rd. Santa Elena to Baldwin, Baldwin w/side, Beacon e/side. 0.37 25 Leopard Row Warpath - Rolling Acres North Side 0.63 26 Sunnybrook Row Ayers to Kostoryz-North and South Side 2.18 27 Houston Street Kostoryz to Green Grove Drive -North and South Side 0.63 28 Naples Street Norton to Richard- West and East Side 0.34 29 Ayers Street Saratoga to Greenwood- West and East Side 7'79 30 Ayers Street SPID to Holly- West and East Side 4.53 31 Ayers Street and McArdle Rd Northwest of intersection to the West Side of Ayers 0.16 32 Ayers Street and McArdle Rd Southeast of intersection to the East Side of Ayers 0.11 Total Acres 42.21 Exhibit 1— Storm Water Group 1 Location Maps Country Club Median # 2 - .11 AC Elmore Circle # 3 - .03 AC Old Rvbstawn Median # 5 - .16 AC Morgan / Baldwin Triangle # 7 - .19 AC RTA Greenwood Triangle # 8 - .03 AC Highland Triangle # 9 - .04 AC Del Mar Triangles # 14 - .94 AC (5 ) ,141$1 19th and Morgan # 15 - .03 AC tr. -;i.i' A r:Y. r },�` r. •.ter, S4 Lr 'ra' ....-.4- dy., ` t� \ _it i .. i^ :y+I- '$11, 15 Z- fl. + f� '1 '7I +� 0_N.it } �a -EL."...11. �` - ��.'yJ!y. ` r. �7o�1w, NI s - Y`J �i 'tri j ,.,...l'N il:,.-, ice,= :10 '►4..L. rogr-F Penteelter: 2.11161 Ft Arra- • rm - . • . it::::11 .11"... dr ri ...? %t.t..'‘, ig; .r.• if,- -9.,41.r -rt. ..-.. 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ZWIRLyateq+scor i•MAL, r - i�rtait•eiM6,faa4 4i -',,RN i4 oilla W:,: r ,iWW . fi 4 III' ii Sunnybrook Row Northside #26 - 1.06 AC WW WOW./ WEN -W ..37111r"KA • .• PM1aSiI ORAN PAS P.1w Piki NM - 11 �j a 1 Sunnybrook northside 1.06 ac. Zone 4 Yry i _tj°1-7 �f6etween Ayers St. & Kosfo z {a a ilii, i'lL! /fsrir e� r�sle r-�wra -``sery �a 4.1111l"'-roel0 6 n7® WPM.Y rir/iFR: ray `wl.lt•,..,salA'Pal/ l IMMO ' !moi IigariS 1iNil' !`a]rfiry aFs� ills. lrlirll♦t shirt- i..771s' it.4 T pad sa<s 'l • WW1 -t Irsar�rH /r + ehnur_`tileeril d �Sa r'-7ii ,�eOlt'r tfi aP.r allrgkusq�Cnll rax.. r r. 1 0144 Omuta c .y MIX, JJlrf N., ll. 1-410%0 e14 gs n1a.H•i 'am 6li��i<ampea •rirr ils J'3 -pyri "WWI bili!% 1 Lllig•' ala Fp9 ■11Nlh 14-5.1111! IIsi l • 1r10°41 •w r �ir5)1" rl1 ec, M aria= !SI —i RCM, 11740-11 min 30w i.l lean!! IMI1N.-.2 MEM MOWS Mien �frR�a.l . l�•...7ip,. •n 7r sigi WENN OMNI 'igrta _'M 1 111111b MM.; SI S o� ". � Aii. ,Tis7i �r.HrI� iiia Laamui'— r1imolf. �1i�M111 r Ns rim ► 4,. 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IM1419 ITN iLE• aa� 11 �' ig �a� +r�aQF '"��i � �*sad. r1p� WIWar rot.=' E:,71-4.=! Mar ahs alma butes isimrr MOM !MEM FAY ori _env WA WI 091111. 9 pa- We. J OrAnti �wR1Alb s• Houston Street Northside #27 - 0.35 AC ■062.91ft n77. me tux W M,arm, ttar5w mew Ira* tl 2 Houston St. nen-Aside .15.e. Zone detwee. tfa teryr Rd. and Green Or.ve Dr. ,..r`_.. - ani _ a _ter, a._.. •d f 111®311"”.12 ,1rag tfilX311� NE __241111 1„ 1111:1111111L -'7 I Eli.0111111PrIle!t itrt1sog' --,tea sY' , •1 -tilIA- - 42 HO.I1O11 ST. SOUTHS1DE .Z6 AC. ZONE rrdigs OWE EN ROSTORVE RP AND GREEN GROVE DR. Illini_ _I jillitilliV,..-*-;„.„, lkauniticilininlillElleik �•i+nilArX4122X11131 ,� glitz -111 Houston Street Southside #27 - 0.28 AC Length LeGrA 11t1.16ft 1.15EVR. LES N. ReRover P6nnttit 4.1/AA R 1.51.70m EEPErn Arc 1 ARE 11.43681 [phi 1,1182EIRm 0.:81[m v11M. NM PPM Mart FAQ;• .:. mrilr 2 Id d ..J yy..,1 ZRNAVAPkIlt• filliatiiimfontwalk! AT, •:,,k Naples Street Eastside #28 - 0.16 AC fiY4$1 M 3 NAPLES ST. EASTSIDE .16 AC. ZONE 4 BETWEEN NAPLES ST. AND RICHARD ST. L;fr3,44* 7"446 ,A* Oiga��" Naples Street Westside #28 - 0.18 AC # 3 NAPLES ST. WESTSIDE AB AC. ZONE 4 BETWEEN NAPLES ST. AND RICHARD ST. 9 Measurement Results t41 Metric Length Length 1.581 77 ft 422.12 rn 0 30 mi Q kre Perimeter Perimeter 1.583,44 ft 482.77 m 9.30 mi 0.48 km Area Area 776211 sft 72117eel m 0.18 acres 0.07 hectare Ayers Street East Side #29 - 4.7 AC 7111R7TIPWRI- 1,4511, 4 4 Ayers Rd. 44:t 41d4 4.70 c. Zone 4 1..4444St.raId. 44d .44...444d o, Ayers Street West Side #29 - 3.09 AC ' lirM,11541P"-- * • • between Sereroge Plod_ and GF ee,wccd it, 0 4 Ayers R. W. elite IPS sr Zone 9 Aleenurcrnent Ayers Street West Side #30 - 1.78 AC 05 Ayers St_ r 'Sae_ Zone bernereen SP., and Holly Rd 15 4eet nna.d Into gr.sifleld Metric Le:a Length Length t 4,50.2n1 13,1, L. km Pen.meTer Perimeter 92,19, 2,199.0, 1.377, L20 km Area Arca MI 10 sq -r4 185 25, rn 072 hectere Ayers Street East Side #30 - 2.75 AC Ayers Street and McArdle Rd (Northwest of intersection to the West Side of Ayers) #31 - 0.16 AC #6 McArdle Rd. west side .16 at, zone 4 between McArdla Rd. and Snappy Food north of McArdle Rd. us hlet�r � Length Length 797.146 242.9?m 0.15 mi 0.24 km Perimeter Perimeter 74610 4 243.26 0.15 mi 7.24 km Area Area 0,63510 sq R 635.00 sdm 0,16 aLro 0.00 hailer Ayers Street and McArdle Rd (Southeast of intersection to the East Side of Ayers) #32 - 0.11 AC *6 Ayers St. east side .11 ee. Zone 4 hetwwen Mc Ardle Rd. and Wing Stop south of Mc Ard l c. CITY OF CORPUS CHRISTI PURCHASING DIVISION SR. BUYER: JOHN ELIZONDO ATTACHMENT B - BID/PRICING SCHEDULE 42 Month Service Agreement for Mowing and Grounds Maintenance of Street Rights -of -Way, Circles, and Medians for Storm Water Group 1 CML Service, LLC Corpus Christi, Texas ITEM DESCRIPTION UNIT QTY UNIT PRICE EXTENDED PRICE 1. Storm Water Group 1 property maintenance - first 18 months Cycle 32 4,178.79 133,721.28 2. Storm Water Group 1 property maintenance - Year 2 Cycle 20 4,300.00 86,000.00 3. Storm Water Group 1 property maintenance - Year 3 Cycle 20 4,500.00 90,000.00 Total Price $309,721.28 3. ATTACHMENT C - INSURANCE CONTRACTOR'S LIABILITY INSURANCE AND BOND REQUIREMENTS under this contract until all insurance has been approved by the City. to commence work until all similar has been obtained. Manager and Park & Recreation Director with applicable policy endorsements by an insurance company(s) The City must be listed as an additional Liability policies by endorsement, and on GL, AL and WC if applicable. of Insurance. Project name and/or of Certificate of Insurance. a 1. Contractor must not commence work required has been obtained_and such insurance Contractor must not allow any subcontractor, insurance required of any subcontractor 2. Contractor must furnish to the City's Risk one (1) copy of Certificates of Insurance showing the following minimum coverage acceptable to the City's Risk Manager. insured on the General liability and Auto waiver of subrogation endorsement is required Endorsements must be provided with Certificate number must be listed in Description Box 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' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Additional Requirements of this section. $500,000/$500,000/$500,000 In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Additional Requirements 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted doing business in the State of Texas and with an A.M. Best's rating of no less than A - VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: ■ List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. ■ Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; ■ Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and ■ Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Parks & Recreation Mowing and Complete Grounds Maintenance 12/19/2018 sw Risk Management Valid Through 12/31/2019 Bond Requirments: No Bonds are required; therefore, Section 5(B) is null for this agreement. ATTACHMENT D - WARRANTY REQUIREMENTS Warranty Requirements: Section 8(A) and 8(B) are null for this Service Agreement. AGENDA MEMORANDUM First Reading for the City Council Meeting of April 23, 2019 Second Reading for the City Council Meeting of April 30, 2019 DATE: TO: March 21, 2019 Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Appropriating $74,920 from the Crime Control and Prevention District unreserved fund balance in to the Crime Control District Fund CAPTION: Ordinance appropriating $74,920 from the Unreserved Fund Balance in the Crime Control District Fund for "one-time" expenditures and amending the FY2018-2019 Operating Budget adopted by Ordinance No. 031504 by increasing expenditures by $74,920. PURPOSE: On March 20, 2019 the Crime Control Board approved $74,920 for one-time expenditures. BACKGROUND AND FINDINGS: The Crime Control Board approved the one-time expenditure to assist with the purchase of the weapons transition from 40 cal to 9mm. The "unaudited" fund balance as of 09/30/2019 is $4,324,167. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance OMB FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $4,324,167 $4,324,167 Encumbered / Expended Amount This item $74,920 $74,920 BALANCE $4,249,247 $4,249,247 Fund(s): 9010 Crime Control and Prevention District Fund 9010-11717-151 520090 RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Appropriating $74,920 from the Unreserved Fund Balance in the Crime Control District Fund for "one-time" expenditures and amending the FY2018-2019 Operating Budget adopted by Ordinance No. 031504 by increasing expenditures by $74,920. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $74,920 is appropriated from the unreserved fund balance in the No. 9010 Crime Control District Fund for "One-time" expenditures in the FY 2018-2019 operating budget. SECTION 2. That the FY 2018-2019 Operating Budget, adopted by Ordinance No. 031504, is changed by increasing appropriations by $74,920. 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 L. Huerta City Secretary Joe McComb Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 23, 2019 Second Reading Ordinance for the City Council Meeting of April 30, 2019 DATE: April 5, 2019 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police Mikema@cctexas.com 886-2603 Accepting and appropriating the FY 2018 Operation Stonegarden Grant Program CAPTION: Ordinance accepting a grant in the amount of $250,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under FY2018 Department of Homeland Security Grant Program Operation Stonegarden; and appropriating $250,000 in Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The purpose is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The Police Department agrees to conduct operations designed to reduce border -security risk. Tactical operations will be conducted on a periodic basis on overtime. The grant will pay for overtime and fringe benefits. The grant period is from March 1, 2019 — February 29, 2020 ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: Operating X Revenue ❑ Capital Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $250,000 $250,000 BALANCE Fund(s): Police Grants Fund 1061 Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award documents Ordinance Accepting a grant in the amount of $250,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2018 Department of Homeland Security Grant Program Operation Stonegarden; and appropriating $250,000 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 a grant in the amount of $250,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2018 Department of Homeland Security Grant Program Operation Stonegarden to support state and local efforts to prevent terrorism and other catastrophic events. SECTION 2. That $250,000 is appropriated in the No. 1061 Police Grants Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca L. Huerta City Secretary Joe McComb Mayor Office of the Governor Page 1 of 2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (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: 3173704 Award Amount: $250,000.00 Date Awarded: PREVIEW - AWARD NOT ACTIVE Grantee Cash Match: $0.00 Grant Period: 03/01/2019 - 02/29/2020 Grantee In Kind Match: $0.00 Liquidation Date: 05/29/2020 Total Project Cost: $250,000.00 Program Fund: HS -Homeland Security Grant Program (HSGP) '..... Grantee Name: Corpus Christi, City of '.. Project Title: Nueces-2018 OPSG Grant Manager: Lynne Crow DUNS Number: 069457786 CFDA: 97.067 - Homeland Security Grant Program (HSGP) Federal Awarding U.S. Department of Homeland Security, Federal Emergency Management Agency Agency: Federal Award 8/17/2018 Date: Federal/State Award ID EMW-2018-SS-00022-S01 Number: Total Federal Award/State $89,859,753.00 Funds Appropriated: Pass Thru Entity Texas Office of the Governor — Homeland Security Grants Division (HSGD) Name: https://egrants.gov.texas. gov/prof ect/awardpreview. aspx?i2=1 &i 1=10&gh=82-E2-6E-6B-8... 4/5/2019 Office of the Governor Page 2 of 2 Is the Award No R&D: The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to Federal/State the security of the United States. The HSGP provides funding to implement investments that build, Award sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Description: 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. https://egrants.gov.texas.gov/project/awardpreview.aspx?i2=1 &i 1=10&gh=82-E2-6E-6B-8... 4/5/2019 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 23, 2019 Second Reading Ordinance for the City Council Meeting of April 30, 2019 DATE: April 8, 2019 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 361-886-2603 Accepting the Click It or Ticket Grant from TXDOT and appropriating funds CAPTION: Ordinance accepting $17,987.36 from State of Texas, Department of Transportation for FY2019 Click It or Ticket program grant; and appropriating $17,987.36 in Police Grants Fund. PURPOSE: Accept and appropriate the grant funds. BACKGROUND AND FINDINGS: The State of Texas, Department of Transportation is providing funding for a STEP program called Click It or Ticket (CIOT) where the Police Department conducts an occupant protection enforcement effort during the Memorial Day Holiday, May 20 through June 2, 2019. The project is to increase occupant restraint use in all passenger vehicles and trucks by conducting an intense occupant protection enforcement and public information and education effort during the Enforcement period. Officers will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to increase safety belt use among drivers and front seat passengers as well as reduce the number of crashes where seat belts and child safety seats were not being used. The State provides 100% of eligible funding of the salaries and retirement. The City of Corpus Christi has had previous CIOT grants since 2002. ALTERNATIVES: Not accept the grant and not participate in the state wide CIOT campaign. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Adheres to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: Operating Expense Fiscal Year: 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $17,987.36 $17,987.36 BALANCE Fund(s): Police Grants Fund 1061-821420E-155-510200 Comments: RECOMMENDATION: Accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance accepting $17,987.36 from the State of Texas, Department of Transportation for the FY2019 Click It or Ticket program grant; and appropriating $17,987.36 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 a grant from the Texas Department of Transportation in the amount of $17,987.36 for the FY2019 Click It or Ticket program grant. SECTION 2. That $17,987.36 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department. 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 L. Huerta City Secretary Joe McComb Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting 04/23/2019 Second Reading Ordinance for the City Council Meeting 04/30/2019 DATE: April 4, 2019 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361)826-3932 Acceptance and appropriation of $175,000 donation from Citgo Petroleum Corporation to support the Corpus Christi Fire Department CAPTION: Ordinance authorizing the acceptance of a donation from Citgo in the amount of $175,000 to be used to support the Corpus Christi Fire Department; and appropriating the funds into the Fire Grant Fund No. 1062. PURPOSE: Accept and appropriate funds donated by Citgo Petroleum Corporation ("CITGO") to the Corpus Christi Fire Department in the amount of $175,000 as a donation for Equipment, Detection/Identification tools, and Training and Operations. These funds will be used exclusively for the terms and conditions for the donation. No application was required. Background and Findings: Citgo Petroleum Corporation ("CITGO") has donated a check in the amount of $175,000 to help support the Corpus Christi Fire Department's ability to effectively respond to pre - and post -disaster situations. ALTERNATIVES: If donation is not accepted, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate donation funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $175,000.00 $175,000.00 BALANCE $175,000.00 $175,000.00 Fund(s): 1062-091-520090-840016L Comments: RECOMMENDATION: Staff recommends approval of this ordinance to accept the donation and appropriate the funds in the amount of $175,000 LIST OF SUPPORTING DOCUMENTS: Ordinance Contribution Letter Ordinance Authorizing the acceptance of a donation from Citgo in the amount of $175,000 to be used to support the Corpus Christi Fire Department; and appropriating the funds into the Fire Grant Fund No. 1062. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: The City Manager or designee is authorized to accept a donation from Citgo in the amount of $175,000 to be used to support the Corpus Christi Fire Department's ability to effectively respond after the event of a disaster. SECTION 2: That $175,000 from Citgo is appropriated in the Fire Grant Fund No. 1062 to be used to purchase the items listed in Attachment 1 of the letter agreement. 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 L. Huerta City Secretary Joe McComb Mayor CITGO Petroleum Corporation P.O. Box 4689 Houston, TX 77210-4689 CITGO, April 4, 2019 Robert Rocha Fire Chief Corpus Christi Fire Department Corpus Christi, TX Dear Chief Rocha, CITGO Petroleum Corporation ("CITGO") is pleased to make a donation in total amount of One Hundred Seventy Five Thousand Dollars and 00/100 Dollars ($175,000.00) ("Donation") to the City of Corpus Christi, Texas (the "City"), a Texas municipal entity exempt from federal income taxation under Section 115 of the Internal Revenue Code of 1986, designated and earmarked for the Corpus Christi Fire Department ("CCFD"), an integral department and instrumentality of the City, to support CCFD's ability to effectively respond after the event of a disaster. CITGO's donation is subject to and conditioned upon the terms stated in this letter agreement, and CCFD's written acceptance of same. Therefore, CCFD agrees to and accepts the following terms and conditions for the Donation: 1. Within ten (10) days upon receipt of the donation from CITGO, CCFD shall complete and promptly provide to CITGO a written receipt of this donation in the form of the Contribution Receipt Form attached to this agreement. 2. CCFD agrees that the Donation will be used to purchase items listed in Attachment 1 (the "Items"). If exact Items are not available, CCFD may purchase comparable items. 3. CCFD verifies that there is adequately trained employees to utilize the Items designated for purchase with the Donation; proper storage and maintenance plans exist or will be developed for the Items; and that the Items purchased will be used to protect and serve the public more effectively in pre- and post -disaster situations. 4. CCFD represents it is political subdivision of the state of Texas and an integral department and instrumentality of the City, exempt from federal income taxation. CCFD represents that the execution, delivery and performance of this agreement are within CCFD's powers, and have been or will be duly authorized by all necessary action, and no part of the Donation shall be used to participate or intervene, directly or indirectly, in any political campaign on behalf of, or in opposition to, any candidate for public office. 5. CCFD agrees to not issue a press release regarding this donation or to use CITGO's or its affiliates' names, logos or marks of any kind in any advertising or publicity, without CITGO's prior written consent. 6. This agreement constitutes the entire understanding between the parties and supersedes all previous understandings, agreements, communications, representations, whether written or oral, concerning the subject matter hereof. 7. This agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together shall be considered one and the same agreement. A signed copy of such instruments transmitted via facsimile, email or other electronic means shall constitute an originally signed instrument. 8. This agreement shall be construed, interpreted and applied in accordance with the laws of the State of Texas, without regard to any conflicts of laws or provisions of another jurisdiction. Both parties accept and consent and agree to the exclusive jurisdiction of the applicable state and federal courts of and located in Harris County, Texas for the resolution of any disputes arising under or relating to this Agreement. The prevailing party in any legal proceeding arising from this Agreement shall be entitled to recover from the non -prevailing party, all expenses (including reasonable attorney's fees) and costs incurred by the prevailing party. Please acknowledge CCFD's understanding and agreement with the foregoing provisions by signing both enclosed original copies of this letter where indicated below and returning one signed original copy of this letter and the completed Contribution Receipt Form attached hereto to CITGO at the address above, care of Larry Elizondo. Upon receipt of a signed original copy of this agreement, CITGO will arrange for the donation to be donated to CCFD. Please do not hesitate to contact Shannon McNary at (832) 486 — 4061 or smcnary@citgo.com if you have any questions. Sincerely, e„,,)-(ue,\‘( Larry Elizondo General Manager Community Relations, Corporate Social Responsibility and Legislative Affairs CITGO Petroleum Corporation Attachments Acknowledged and Agreed to this 'day of A//e/ �, 2019: Corpus Christi Fire Department J By: Name: Robert Rocha Title: Fire Chief CCFD, Authorized Representative Date: 2 Attachment 1 APPROX QTYEquipment/Training Personal Protective Gear 12 Level "A" Suits 18 Level "B" Suits 18 Bio seal Tyvek Style suit 60 FR Coveralls 1 Level "A" Pressure Tester Detection/Identification Tools 4 Area Rae Pro 10 Q Rae 3 6 MultiRae Lite 6 Tier 2 License 4 Tier 3 License 4 Rae link Mesh Modem Set 11 Drager Tubes 1 Sen Gold LEL only PPM 1 identiFINDER R400 Training HazClass Training for 60 FF Operations 1 Midland ER KIT 1 Classification kit 1 Pancake Frisker 1 Rad Training source kit 1 Chlorine kit upgrade 151 B Box Kit B conversion 1 Magnetic Patch 2 66 gal berm 2 100 gal berm Total $175,000.000 3 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 23, 2019 Second Reading Ordinance for the City Council Meeting of April 30, 2019 DATE: March 29, 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) 826-1718 Contract with Naval Air Station Corpus Christi for Wastewater Line Repairs CAPTION: Ordinance authorizing contract with Naval Air Station Corpus Christi (NASCC) for $232,411.38 and change order for $40,769.24 for NASCC wastewater line repairs; and appropriating said payments upon receipt in the No. 4200 Wastewater Utilities Fund. PURPOSE The purpose of this Ordinance is to appropriate $273,180.62 in payment from NAS Corpus Christi for sanitary sewer line repair work at the Naval Air Station. BACKGROUND In September 2018, the City Water Utilities Department received a request from NAS Corpus Christi to repair a broken sanitary sewer line located on Avenue D in front of Building 1727. The engineering team from the City's Water Utilities Department prepared the design plans to repair the failed sanitary sewer line, and the City's Wastewater IDIQ Contractor executed the construction work. The City initially estimated cost at $223,565.74 and received notice to proceed from NAS Corpus Christi. In addition, costs in amount of $8,845.64 of the City's in-house efforts were added to the initial estimate, bringing the initial estimated amount to $232,411.38. The repair work included installation of 739 linear feet (LF) of a 12 -inch diameter emergency bypass system around the broken 18 -inch diameter sanitary sewer main to temporarily restore wastewater service. Permanent repair work consisted of two polymer -system manhole rehabilitations, one service line re -connection, and pipe -bursting 242 LF of an 18 -inch diameter vitreous clay pipe and ductile iron pipe to replace the old pipes with high-density polyethylene material. As the work progressed, additional work was identified to be performed in amount of $40,769.24 which would necessitate separate change order with Naval Air Station Corpus Christi. The total cost of this repair construction is $273,180.62, consisting of approximately $264,000.00 for contractor and approximately $9,000.00 for the City's in-house engineering and construction management effort. The project was completed in January 2019. NAS Corpus Christi requires execution of contract for initial payment to City of $232,411.38 and submittal of separate change order of $40,769.24 for review and approval by NAS Corpus Christi. ALTERNATIVES: 1. Authorize execution of the contract. (Recommended) 2. Do not authorize execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: NAS Corpus Christi requested City's assistance because of the City's readily available resources. The City continues to maintain a quality partnership with the Navy by working with NAS Corpus Christi on this project. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Water Utilities Legal FINANCIAL IMPACT: ® Operating o Revenue Capital Not applicable Fiscal Year: 2018-2019 (as of 3/29/19) Current Year Future Years TOTALS Line Item Budget $18,383,568.66 0 $18,383,568.66 Encumbered / Expended Amount $12,107,512.49 0 $12,107,512.49 This item $273,180.62 0 $273,180.62 BALANCE $6,002,875.55 0 $6,002,875.55 Fund(s): 4200-33400-042-550060 Comments: Not applicable RECOMMENDATION: Staff recommends approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract Ordinance authorizing contract with Naval Air Station Corpus Christi (NASCC) for $232,411.38 and change order for $40,769.24 for NASCC wastewater line repairs; and appropriating said payments upon receipt in the No. 4200 Wastewater Utilities Fund. Section 1. That the City Manager or designee is authorized to execute the contract documents with Naval Air Station Corpus Christi for payment to City in amount of $232,411.38 and change order for additional payment of $40,769.24 for work performed to restore 242 linear feet of 18 - inch diameter wastewater line into service, rehabilitating two manholes, re -connecting one service line, and running 739 linear feet bypass pumping on Naval Air Station Corpus Christi property; and appropriating said payments upon receipt in the No. 4200 Wastewater Utilities Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 1 (Construction, SOLICITATION, OFFER, AND AWARD Alteration, or Repair) 1. SOLICITATION NO. N6945018R40250001 2. TYPE X OF SOLICITATION SEALED BID (IFB) NEGOTIATED (RFP) 3. DATE ISSUED 21 -Feb -2019 PAGE OF PAGES 1 OF 30 IMPORTANT - The "offer" section on the reverse must be fully completed by offeror. 4. CONTRACT NO. N6945019C4001 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO. 7. ISSUED BY CODE N69450 8. ADDRESS OFFER TO (If Other Than Item 7) CODE See Item 7 TEL: FAX: NAVFAC SOUTHEAST PWD CORPUS CHRISTI 8851 OCEAN DRIVE, BLDG 19 CORPUS CHRISTI PX 78419-5021 TEL: FAX: 9. FOR INFORMATION CALL: A. NAME JOEL OVERSON B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 361-961-3397 SOLICITATION NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". 10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date): PROPOSAL MUST BE SET FORTH WITH FULL, ACCURATE, AND COMPLETE INFORMATION AS REQUIRED BY THIS REQUEST FOR PROPOSAL (INCLUDING ATTACHMENTS). THE PENALTY FOR MAKING FALSE STATEMENTS IN PROPOSALS IS PRESCRIBED IN 18 U.S.C. 1001. PLEASE NOTE THAT PROPOSAL IS DUE TO NAS CORPUS CHRISTI CONTRACTING OFFICER NOT LATER THAN 1:00 P.M. C.S.T. ON 18 SEPTEMBER 2018. THERE ARE NO FUNDS AVAILABLE OR INTENDED FOR PRE -AWARD OR PROPOSAL PREPARATION COSTS. PROPOSALS SHOULD BE EMAILED TO JOEL.OVERSON@NAVY.MIL PERFORMANCE AND PAYMENT BONDS, AND CERTIFICATE OF INSURANCE, WILL BE REQUIRED WITHIN 15 CALENDAR DAYS AFTER DATE OF CONTRACT AWARD. BOTH BONDS SHALL BE IN THE AMOUNT OF 100% OF AWARD AMOUNT. SITE VISIT: AN INSPECTION OF THE SITE WILL BE SCHEDULED. SEE PROJECT INFORMATION CONTAINED HEREIN FOR DETAILS. PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS FAR 52.232-27 APPLIES TO THIS CONTRACT. 11. The Contractor shall begin performance w ithin 5 calendar days and complete it w ithin 30 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See .) 12 A. THE (If "YES," XYES CONTRACTOR indicate within MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? how many calendar days after award in Item 128.) NO 12B. CALENDAR DAYS 15 13. ADDITIONAL SOLICITATION REQUIREMENTS: 13. A. Sealed offers in original and 0 copies to perform the w ork required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show B. An offer guarantee C. All offers are subject D. Offers providing less to than the is, the (1) offeror's X 30 name and address, the solicitation number, and the date and time offers are due. is not required. w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference. calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected. NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85) Prescribed by GSA FAR (48 CFR) 53.236-1(e) _ SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair) OFFER (Must be fully completed by offeror) 14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) CORPUS CHRISTI, CITY OF 1201 LEPOARD ST CORPUS CHRISTI D(78401-2120 15. TELEPHONE NO. (Include area code) 16. REMITTANCE ADDRESS (Include only if different than Item 14) See Item 14 CODE 3NWC7 FACILITY CODE 17. The offeror agrees to perform the w ork required at the prices specified below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin calendar days after the date offers are due. (Insert any number equal to or greater than the minimum AMOUNTS requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.) SEE SCHEDULE OF PRICES 18. The offeror agrees to furnish any required performance and payment bonds. 19. ACKNOWLEDGMENT OF AMENDMENTS (The offeror acknowledges receipt of anendments to the solicitation -- give number and date of each) AMENDMENT NO. DATE 20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20B. SIGNATURE 20C. OFFER DATE AWARD (To be completed by Government) 21. ITEMS ACCEPTED: SEE SCHEDULE 22. AMOUNT $232,411.38 23. ACCOUNTING AND APPROPRIATION DATA See Schedule 24. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified) 1 ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO X 10 U.S.C. 2304(c) (2) 41 U.S.C. 253(c) 0 26. ADMINISTERED BY CODE I 27. PAYMENT WILL BE MADE BY: CODE DFAS-CLEVELAND ATTN: SB -39, ACCOUNTS PAYABLE 1240 E 9TH STREET CLEVELAND OH 44199 1 N68732 See Item 7 CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE X document 28. NEGOTIATED AGREEMENT (Contractor is required to sign this and return 1 copies to issuing office.) Contractor agrees Your summates your necessary. 29. AWARD (Contractor is not required to sign this document.) offer on this solicitation, is hereby accepted as to the items listed. This award con - the contract, which consists of (a) the Government solicitation and offer, and (b) this contract award. No further contractual document is to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer- ence in or attached to this contract. REF: 30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print) TEL` EMAIL: 30B. SIGNATURE300. DATE 31 B. UNITED STATES OF AMERICA BY 31 C. AWARD DATE NSN 7540-01-155-3212 STANDARD FORM 1442 BACK (REV. 4-85) N6945019C4001 Page 3 of 30 Section SF 30 - BLOCK 14 CONTINUATION PAGE SCOPE CHANGE AMENDMENT NO. 1 1. GENERAL DESCRIPTION: The Contractor shall provide all supervision, transportation, labor, materials to accomplish the Amendment No. 1's Objective(s). The purpose of this project amendment is to: 1. Perform pressurized cleaning of up to a 2,950 linear foot equivalent section(s) of existing eighteen -inch nominal diameter (18" nom. dia.) Clay Domestic Sewer Line "west" from Manhole F44G7 (Inv. 8.96) to Manhole F26 (Inv. 5.78) (Please see Attachment No. 1 for Project Location Map) This delivery order will perform a thorough cleaning in order to facilitate an assessment of selected areas of the Domestic Waste Conveyance utilizing equipment such as, for example, closed circuit television (CCTV) resulting in a an analytical assessment report to document cleaning and conditionally assess the primary eighteen- inch diameter (18" dia.) Primary Domestic Waste Conveyance System. 2. Having completed the pressurized cleaning of said 2,950 linear foot equivalent section(s) of existing eighteen -inch diameter (18" dia.) domestic sewer line, perform an assessment of selected areas of the Domestic Waste Conveyance utilizing equipment such as, for example, closed circuit television (CCTV) resulting in an analytical assessment report to document cleaning and conditionally assess the eighteen -inch diameter (18" dia.) Primary Domestic Waste Conveyance System. 2. LOCATION: All work for this specific project amendment is specifically located along Avenue "D" (from Manhole F44 to Manhole F29 and along 1st Street (from Manhole F29 to Manhole F26) at the Corpus Christi Naval Air Station. Please See Attachment Number 1 for Project Location(s). 3. PERIOD OF PERFORMANCE: The period of performance for this project amendment is 10 additional calendar days. performance starts when the contract/task order is awarded, and ends when the work is completed and accepted by the Government. 4. ATTACHMENTS: The following sketch(s) are a part of this specification and shall not be used for any purpose other than that contemplated by this contract: Attachment Title 1 Project Location(s) N6945019C4001 Page 4 of 30 Section 00010 - Solicitation Contract Form ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 1 Job $68,372.73 $68,372.73 CLEAN AND INSPECT SEWER LINE FFP FLUSH CLEAN AND CCTV INSPECTION OF SUSPECTED COLLAPSED SEWER LINE IN ACCORDANCE WITH STATEMENT OF WORK. FOB: Destination NET AMT $68,372.73 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 000101 $0.00 FUND ACRN AA FFP Funding Doc. No. N6945019RCC9101 Customer ACRN: MILSTRIP: N6945019RCC9101 NET AMT $0.00 ACRN AA $68,372.73 CIN: 000000000000000000000000000000 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 0002 1 Job $164,038.65 REPAIR SEWER LINE FFP REPAIR SUSPECTED COLLAPSED SEWER MAIN LINE IN ACCORDANCE WITH STATEMENT OF WORK. FOB: Destination ITEM NO SUPPLIES/SERVICES QUANTITY 000201 UNIT FUND ACRN AA FFP Funding Doc. No. N6945019RCC9101 Customer ACRN: MILSTRIP: N6945019RCC9101 ACRN AA CIN: 000000000000000000000000000000 INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN 0001 000101 0002 000201 INSPECT AT Destination N/A Destination N/A INSPECT BY Government N/A Government N/A NET AMT UNIT PRICE NET AMT ACCEPT AT Destination N/A Destination N/A N6945019C4001 Page 5 of 30 AMOUNT $164,038.65 $164,038.65 AMOUNT $0.00 $0.00 $164,038.65 ACCEPT BY Government N/A Government N/A DELIVERY INFORMATION CLIN DELIVERY DATE 0001 31 -DEC -2018 000101 N/A 0002 31 -DEC -2018 QUANTITY 1 N/A 1 SHIP TO ADDRESS PWD CORPUS CHRISTI INSPECTOR OF RECORD 8851 OCEAN DR, BLDG. 19 CORPUS CHRISTI TX 78419-5525 361-961-3397 FOB: Destination N/A PWD CORPUS CHRISTI INSPECTOR OF RECORD 8851 OCEAN DR, BLDG. 19 CORPUS CHRISTI TX 78419-5525 361-961-3397 FOB: Destination N6945019C4001 Page 6 of 30 DODAAC / CAGE N44215 N/A N44215 000201 N/A N/A N/A N/A N6945019C4001 Page 7 of 30 Section 00700 - Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti -Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal orMAY 2014 Improper Activity 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal OCT 2010 Transactions 52.203-17 Contractor Employee Whistleblower Rights and Requirement APR 2014 To Inform Employees of Whistleblower Rights 52.204-4 Printed or Copied Double -Sided on Postconsumer Fiber MAY 2011 Content Paper 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First -Tier OCT 2015 Subcontract Awards 52.204-13 System for Award Management Maintenance JUL 2013 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and DEC 2014 Certifications. 52.209-6 Protecting the Government's Interest When Subcontracting OCT 2015 With Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding JUL 2013 Responsibility Matters 52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015 Corporations 52.211-12 Liquidated Damages --Construction SEP 2000 52.211-13 Time Extensions SEP 2000 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-2 Audit and Records --Negotiation OCT 2010 52.215-9 Changes or Additions to Make -or -Buy Program OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-- AUG 2011 Modifications 52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 52.215-13 Subcontractor Certified Cost or Pricing Data --Modifications OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits JUL 2005 (PRB) Other than Pensions 52.215-21 Requirements for Certified Cost or Pricing Data and Data OCT 2010 Other Than Certified Cost or Pricing Data -- Modifications 52.215-23 Limitations on Pass -Through Charges OCT 2009 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime MAY 2014 Compensation 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 N6945019C4001 Page 8 of 30 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination -Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and MAY 2014 Related Regulations 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-27 Affirmative Action Compliance Requirements for APR 2015 Construction 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor DEC 2010 Relations Act 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-5 Pollution Prevention and Right -to -Know Information MAY 2011 52.223-6 Drug -Free Workplace MAY 2001 52.223-15 Energy Efficiency in Energy -Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA -Designated Items in Service MAY 2008 and Construction Contracts 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright DEC 2007 Infringement 52.227-4 Patent Indemnity -Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-15 Performance and Payment Bonds --Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-4 Federal, State, And Local Taxes (State and Local FEB 2013 Adjustments) 52.230-2 Cost Accounting Standards OCT 2015 52.230-3 Disclosure And Consistency Of Cost Accounting Practices OCT 2015 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.232-5 Payments under Fixed -Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer --System for Award JUL 2013 Management 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 N6945019C4001 Page 9 of 30 52.236-9 Protection of Existing Vegetation, Structures, Equipment, APR 1984 Utilities, and Improvements 52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.242-15 Stop -Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.243-4 Changes JUN 2007 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-1 Value Engineering OCT 2010 52.248-3 Value Engineering -Construction OCT 2015 52.249-2 Termination For Convenience Of The Government (Fixed- APR 2012 Price) 52.249-10 Default (Fixed -Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- DEC 2008 Contract -Related Felonies 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By OCT 2015 The Government of a Country that is a State Sponsor of Terrorism 252.215-7000 Pricing Adjustments DEC 2012 252.215-7002 Cost Estimating System Requirements DEC 2012 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7048 Export -Controlled Items JUN 2013 252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7033 Rights in Shop Drawings APR 1966 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving JUN 2012 Reports 252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals -Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.236-7002 Obstruction of Navigable Waterways DEC 1991 252.236-7005 Airfield Safety Precautions DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7004 252.247-7023 252.247-7024 Reporting, Reutilization, and Disposal Transportation of Supplies by Sea Notification Of Transportation Of Supplies By Sea CLAUSES INCORPORATED BY FULL TEXT 52.202-1 DEFINITIONS (NOV 2013) MAR 2015 APR 2014 MAR 2000 N6945019C4001 Page 10 of 30 When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless -- (a) The solicitation, or amended solicitation, provides a different definition; (b) The contracting parties agree to a different definition; (c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or (d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures. (End of clause) 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) The Contractor shall be required to (a) commence work under this contract within 1 calendar day after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the contract completion date. * The time stated for completion shall include final cleanup of the premises. (End of clause) 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015) (a) Definitions. As used in this clause -- "United States" means the 50 states and the District of Columbia. "Worker" -- (1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and -- (i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV); N6945019C4001 Page 11 of 30 (ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; (iii) Regardless of the contractual relationship alleged to exist between the individual and the employer. (2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c). (3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. (b) Executive Order minimum wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015. (2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E 0 minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract. (3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E 0 minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit. (ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment. (iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provideduplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. (4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause. (5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. (6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions. N6945019C4001 Page 12 of 30 (7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof. (8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart. (9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate. (10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips. (c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition -- (i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker; (ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and (iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered. (2) This clause does not apply to -- (i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts; (ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to -- (A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a). (B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b). (C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541). (d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any N6945019C4001 Page 13 of 30 Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment. (e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker: (i) Name, address, and social security number; (ii) The worker's occupation(s) or classification(s); (iii) The rate or rates of wages paid; (iv) The number of daily and weekly hours worked by each worker; (v) Any deductions made; and (vi) Total wages paid. (2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer. (3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator. (4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected. (5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law. (f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours. (g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause. (h) Disputes. Department of Labor has set forth in 29 CFR 10.51, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives. (i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding. (j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers. N6945019C4001 Page 14 of 30 (k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States. (End of clause) 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (a) Definitions. As used in this clause-- Driving— (1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. (2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. Text messaging means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e -mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. (b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving, dated October 1, 2009. (c) The Contractor is encouraged to -- (1) Adopt and enforce policies that ban text messaging while driving -- (i) Company-owned or -rented vehicles or Government-owned vehicles; or (ii) Privately -owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2) Conduct initiatives in a manner commensurate with the size of the business, such as -- (i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro -purchase threshold. (End of clause) N6945019C4001 Page 15 of 30 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) (a) Definitions. As used in this clause -- Commercially available off-the-shelf (COTS) item— (1) Means any item of supply (including construction material) that is -- (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products. Component means an article, material, or supply incorporated directly into a construction material. Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. Cost of components means -- (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material. Domestic construction material means -- (1) An unmanufactured construction material mined or produced in the United States; (2) A construction material manufactured in the United States, if -- (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or (ii) The construction material is a COTS item. Foreign construction material means a construction material other than a domestic construction material. N6945019C4001 Page 16 of 30 United States means the 50 States, the District of Columbia, and outlying areas. (b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause. (2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: (3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; (ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. (c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including -- (A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause. (iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued). N6945019C4001 Page 17 of 30 (iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination. (2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause. (3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute. (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1 Foreign construction material.... Domestic construction material... Item 2 Foreign construction material.... Domestic construction material... Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued). List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include other applicable supporting information. (End of clause) 52.243-7 NOTIFICATION OF CHANGES (APR 1984) (a) Definitions. "Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer. "Specifically authorized representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority. (b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing, within 5 calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state-- N6945019C4001 Page 18 of 30 (1) The date, nature, and circumstances of the conduct regarded as a change; (2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct; (3) The identification of any documents and the substance of any oral communication involved in such conduct; (4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose; (5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including -- (i) What contract line items have been or may be affected by the alleged change; (ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change; (iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change; (iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and (6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance. (c) Continued performance. Following submission of the notice required by (b) above, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in (b) above, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall countermand any action which exceeds the authority of the SAR. (d) Government response. The Contracting Officer shall promptly, within 5 calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either -- (1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; (2) Countermand any communication regarded as a change; (3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or (4) In the event the Contractor's notice information is inadequate to make a decision under (1), (2), or (3) above, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond. (e) Equitable adjustments. (1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any N6945019C4001 Page 19 of 30 part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made -- (i) In the contract price or delivery schedule or both; and (ii) In such other provisions of the contract as may be affected. (2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in (b) and (c) above. Note: The phrases "contract price" and "cost" wherever they appear in the clause, may be appropriately modified to apply to cost -reimbursement or incentive contracts, or to combinations thereof. (End of clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): FAR: https://farsite.hill.af.mil; http://www.arnet.gov/far; DFARS: http://www.acq.osd.mil/dpap/dars/index.html NMCARS: http://acquisition.navy.mil/policy_and_guidance/nmcars_nmcag NFAS: http://acq.navfac.navy.mil (End of clause) FAC 5252.209-9300 ORGANIZATIONAL CONFLICTS OF INTEREST (JUN 1994) The restrictions described herein shall apply to the Contractor and its affiliates, consultants and subcontractors under this contract. If the Contractor under this contract prepares or assists in preparing a statement of work, specifications and plans, the Contractor and its affiliates shall be ineligible to bid or participate, in any capacity, in any contractual effort which is based on such statement of work or specifications and plans as a prime contractor, subcontractor, consultant or in any similar capacity. The Contractor shall not incorporate its products or services in such statement of work or specification unless so directed in writing by the Contracting Officer, in which case the restriction shall not apply. This contract shall include this clause in its subcontractors' or consultants' agreements concerning the performance of this contract. 5252.228-9302 BID GUARANTEE (JAN 1996) N6945019C4001 Page 20 of 30 To assure the execution of the contract and the performance and payment bonds, each bidder/offeror shall submit with its bid/offer a guarantee bond (Standard Form 24) executed by a surety company holding a certificate of authority from the Secretary of the Treasury as an acceptable surety, or other security as provided in FAR Clause 52.228-1, "Bid Guarantee". Security shall be in a penal sum equal to at least 20 percent of the largest amount for which award can be made under the bid submitted, but in no case to exceed $3,000,000. The bid guarantee bond shall be accompanied by a document authenticating the agent's authority to sign bonds for the surety company. FAC 5252.228-9305 NOTICE OF BONDING REQUIREMENTS (DEC 2000) (a) Within 15 days after receipt of award, the bidder/offeror to whom the award is made shall furnish the following bond(s) each with satisfactory security: XA Performance Bond (Standard Form 25). The performance bond shall be in a penal sum equal to 100% percent of the contract price. _X_A Payment Bond (Standard Form 25A). The payment bond shall be in a penal sum equal to 100% of the contract price. (b) Any surety company holding a certificate of authority from the Secretary of Treasury as an acceptable Surety on Federal bonds will be accepted. Individual sureties will be permitted as prescribed in FAR 28.203 and FAC 5252.228-9300. Alternative types of security in lieu of furnishing sureties on performance and/or payment bonds will be permitted as prescribed in FAR 28.204, and will be held for at least one year after the completion of the contract. Additional bond security may be required as prescribed in FAR 52.228-2. Bonds shall be accompanied by a document authenticating the agent's authority to sign bonds for the surety company. (c) The contract time for purposes of fixing the completion date, default, and liquidated damages shall begin to run days from the date of award, regardless of when performance and payment bonds or deposits in lieu of surety are executed. 5252.232-9301 INVOICING PROCEDURES ELECTRONIC (NOV 2009) (a) In accordance with DFARS Clause 252.232-7003 titled "Electronic Submission of Payment Requests", this contract/order requires use of the DoD Wide Area Workflow (WAWF) system for the submission of invoices. This web -based system, located at https://waw£eb.mil, provides the technology for Government contractors and authorized Department of Defense (DoD) personnel to generate, capture and process receipt and payment -related documentation in a paperless environment. Invoices rendered under this contract shall be submitted electronically through WAWF. Submission of hard copy DD250/invoices will no longer be accepted for payment. (b) It is recommended that the person in your company designated as the Central Contractor Registration (CCR) Electronic Business Point of Contact (EBPOC), and anyone responsible for the submission of invoices, use the online training system for WAWF at http://wawftraining.com. The Vendor, Group Administrator (GAM), and sections marked with an asterisk in the training system should be reviewed. Additional Vendor information is also available at http://acquisition.navy.mil/rda/home/acquisition one source/ebusiness/don ebusiness solutions/wawf overview/ve ndor information. Here you will find information on "Getting Started" as well as "Quick Reference Guides". (c) Within ten (10) days after award, the designated CCR EBPOC is responsible for activating the company's CAGE code in WAWF by calling 1-866-618-5988 for the DISA WAWF Helpdesk, email address N6945019C4001 Page 21 of 30 cscassig@csd.disa.mil. Once the company's CAGE code is activated, the CCR EBPOC must self -register under the company's CAGE code on WAWF and follow the instructions for a group administrator. After the company is set- up on WAWF, any additional persons responsible for submitting invoices must self -register under the company's CAGE code at https://wawf.eb.mil. (d) The contractor shall use the following document type, DODAAC codes with corresponding extensions, and inspection and acceptance locations when submitting invoices in WAWF: SEE WAWF CLAUSE Note: Supporting documentation must be attached. File names cannot contain spaces or special characters, except underscore " " which is an acceptable character. There is NO maximum to the number of files that can be attached to an invoice, however EACH file is limited to a maximum file size UNDER 2 megabytes. (e) Before closing out of an invoice session in WAWF, but after submitting the document(s), you will be prompted to "Send More Email Notifications." Select "Send More Email Notification" and add additional email addresses noted above in the first email address blocks. This additional notification to the Government is important to ensure that the specific acceptor/receiver is aware the invoice documents have been submitted into WAWF. (f) If you have any questions regarding WAWF, please contact the WAWF DFAS helpdesk at 877-251-WAWF (9293) or email address of CCL-EC-Navy-WAWF-helpdesk@dfas.mil, or the NAVFAC WAWF point of contact identified above in section (d). (End of clause) FAC 5252.236-9301 SPECIAL WORKING CONDITIONS AND ENTRY TO WORK AREA(JUN 1994) Denial of entry to the work areas under this contract may be required by the Government under certain circumstances where the Contractor's work or presence would constitute a safety or security hazard to ordnance storage or handling operations. Restrictions covering entry to and availability of the work areas are as follows: a. Entry. Entry to work areas located within the special Security Limited areas, defined as those work areas located within the existing security fence, can be granted subject to special personnel requirements as specified herein and to other normal security and safety requirements. Complete denial of entry to the Limited Area may be required during brief periods of one to two hours (normally) and on rare occasions of two to four hours. For bidding purposes, the Contractor shall assume denial of entry to the work areas in the Limited Area of six 2 -hour denials and one 4 -hour denial per month. b. Vehicle Delay. The Contractor shall also assume for bidding purposes that, in addition to site denial, each vehicle and/or unit of construction equipment will be delayed during each movement through the security gate, both entering and leaving the limited area. Delays will average 1 Hour Operational Considerations. To reduce delay time while preserving required security, the following points should be considered in operational planning: a. Vehicle Search. Security regulations required that all vehicles, when authorized to enter the Limited Area be thoroughly searched by guard force personnel. Such a search will be required for all vehicle/ construction equipment. Accordingly, once a vehicle or unit of construction equipment has been cleared, it may be left in the Limited Area after initial entry has been made. For the period of time authorized the vehicle/equipment left in the Limited Area will be assigned parking areas by the Contracting Officer. The vehicle/equipment must be secured as specified in paragraph entitled "SECURITY REQUIREMENTS." The intent is to reduce the Contractor loss of time at the security gate. No private vehicles will be allowed to enter the Limited Area. N6945019C4001 Page 22 of 30 b. Delivery Vehicles. Vehicles delivering construction materials will be inspected by guard force personnel while the driver is being processed for entry into the Limited Area. The driver and vehicle will then be escorted in the Limited Area by a Security Escort. To provide this service, delivery schedules should be promulgated in advance and vendors made aware that a reasonable delay can be expected if delivery is other than the time specified. Deliveries after 1600 hours will not be allowed entry into the Limited Area without prior approval of the Physical Security Officer. 5252.236-9310 - RECORD DRAWINGS (OCT 2004) The Contractor shall maintain at the job site two sets of full-size prints of the contract drawings, accurately marked in red with adequate dimensions, to show all variations between the construction actually provided and that indicated or specified in the contract documents, including buried or concealed construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the final government - accepted drawings. Existing utility lines and features revealed during the course of construction, shall also be accurately located and dimensioned. Variations in the interior utility systems shall be clearly defined and dimensioned; and coordinated with exterior utility connections at the building five-foot line, where applicable. Existing topographic features which differ from those shown on the contract drawings shall also be accurately located and recorded. Where a choice of materials or methods is permitted herein, or where variations in scope or character of methods is permitted herein, or where variations in scope or character of work from that of the original contract are authorized, the drawings shall be marked to define the construction actually provided. The representations of such changes shall conform to standard drafting practice and shall include such supplementary notes, legends, and details as necessary to clearly portray the as -built construction. These drawings shall be available for review by the Contracting Officer at all times. Upon completion of the work, both sets of the marked up prints shall be certified as correct, signed by the Contractor, and delivered to the Contracting Officer for his approval before acceptance. Requests for partial payments will not be approved if the marked prints are not kept current, and request for final payment will not be approved until the marked prints are delivered to the Contracting Officer. (End of clause) Section 00800 - Special Contract Requirements WAGE DETERMINATION General Decision Number: TX180342 09/14/2018 TX342 Superseded General Decision Number: TX20170342 State: Texas Construction Type: Building Counties: Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 1 09/14/2018 BOIL0074-003 01/01/2017 Rates Fringes BOILERMAKER $ 28.00 22.35 ELECO278-002 08/28/2016 Rates Fringes ELECTRICIAN $ 25.20 7.91 ENGI0178-005 06/01/2014 Rates Fringes N6945019C4001 Page 23 of 30 N6945019C4O01 Page 24 of 30 POWER EQUIPMENT OPERATOR (1) Tower Crane $ 29.00 10.60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above $ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under $ 27.50 10.60 * IRON0084-011 06/01/2018 Rates Fringes IRONWORKER, ORNAMENTAL $ 23.77 7.12 SUTX2014-068 07/21/2014 Rates Fringes BRICKLAYER $ 20.04 0.00 CARPENTER $ 15.21 0.00 CEMENT MASON/CONCRETE FINISHER$ 15.33 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) $ 19.77 7.13 IRONWORKER, REINFORCING $ 12.27 0.00 IRONWORKER, STRUCTURAL $ 22.16 5.26 LABORER: Common or General $ 9.68 0.00 LABORER: Mason Tender - Brick$ 11.36 0.00 LABORER: Mason Tender - Cement/Concrete $ 10.58 0.00 LABORER: Pipelayer $ 12.49 2.13 LABORER: Roof Tearoff $ 11.28 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 14.25 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 13.93 0.00 OPERATOR: Bulldozer $ 18.29 1.31 OPERATOR: Drill $ 16.22 0.34 OPERATOR: Forklift $ 14.83 0.00 N6945019C4O01 Page 25 of 30 OPERATOR: Grader/Blade $ 13.37 0.00 OPERATOR: Loader $ 13.55 0.94 OPERATOR: Mechanic $ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16.03 0.00 OPERATOR: Roller $ 12.70 0.00 PAINTER (Brush, Roller, and Spray) $ 14.45 0.00 PIPEFITTER $ 25.80 8.55 PLUMBER $ 25.64 8.16 ROOFER $ 13.75 0.00 SHEET METAL WORKER (HVAC Duct Installation Only) $ 22.73 7.52 SHEET METAL WORKER, Excludes HVAC Duct Installation $ 21.13 6.53 TILE FINISHER $ 11.22 0.00 TILE SETTER $ 14.74 0.00 TRUCK DRIVER: Dump Truck $ 12.39 1.18 TRUCK DRIVER: Flatbed Truck $ 19.65 8.57 TRUCK DRIVER: Semi -Trailer Truck $ 12.50 0.00 TRUCK DRIVER: Water Truck $ 12.00 4.11 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other N6945019C4O01 Page 26 of 30 health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates N6945019C4O01 Page 27 of 30 the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor N6945019C4001 Page 28 of 30 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION ACCOUNTING AND APPROPRIATION DATA AA: 97X4930 NE1K 000 77777 0 069450 2F 000000 COST CODE: 69450RCC9101 AMOUNT: $232,411.38 ACRN CLIN/SLIN CIN AMOUNT AA 000101 000000000000000000000000000000 $68,372.73 000201 000000000000000000000000000000 $164,038.65 252.232-7006 WAWF 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (a) Definitions. As used in this clause-- N6945019C4001 Page 29 of 30 Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall -- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self -registration available at this Web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web -Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/. (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: Contract number, typically in the form N69450 -14-M-1234, for example. (1) Document type. The Contractor shall use the following document type(s). Naval Construction/Facilities Management Invoice (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. Inspection — N44215 Acceptance — N44215 (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC N68732 Issue By DoDAAC N69450 Admin DoDAAC N69450 N6945019C4001 Page 30 of 30 Inspect By DoDAAC N44215 Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC N44215 DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. joeLoverson@navy.mil (6) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. WAWF Technician: Dana Villarreal (361)516-6210 dana.villarreal@navy.mil Contracting Officer: Joel Overson (361)961-3397 joel.overson@navy.mil (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting 4/23/2019 Second Reading Ordinance for the City Council Meeting 4/30/2019 DATE: April 8, 2019 TO: Keith Selman, Interim City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.com 826-3873 Eddie Houlihan, Director of Management & Budget EddieHcctexas.com 826-3792 AEP Texas, Inc. Electric Franchise Fee 5% Increase CAPTION: Ordinance of the City Council of the City of Corpus Christi amending the franchise with AEP Texas Inc. to change compensation or consideration to be paid for use of the public rights-of-way; providing an effective date; providing for acceptance by AEP Texas Inc.; finding and determining that the meetings at which this ordinance was considered were open to the public and in accordance with Texas law. PURPOSE: The franchise with AEP Texas Inc. approved in January 2009 provides for a franchise fee to be paid to the City at the rate of $0.002417 per kilowatt hour. The franchise also provided for a franchise factor increase once every four years during the term of the franchise and no such increase has been enacted. The proposed ordinances would raise the franchise fee factor five percent to $0.0025378 per kilowatt hour. This Agenda item consists of two ordinances. The first ordinance is to establish the additional tariff to increase the franchise fee. The second ordinance amends the franchise to increase the compensation to be paid to the City. AEP has advised that it will take approximately 6-9 months to implement the new franchise fee from date of passage of the ordinances. It is estimated that the increase will provide additional $500,000 franchise fee revenue during a full fiscal year. BACKGROUND AND FINDINGS: ALTERNATIVES: Do not increase the franchise fee factor. OTHER CONSIDERATIONS: Estimated that this increase would increase a 1000 kilowatt bill by approximately 12 cents per month. CONFORMITY TO CITY POLICY: Yes EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal and Budget departments FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): (Do not list accounting streams, only names of accounts) Comments: RECOMMENDATION: Approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI AMENDING THE FRANCHISE WITH AEP TEXAS INC. TO CHANGE COMPENSATION OR CONSIDERATION TO BE PAID FOR USE OF THE PUBLIC RIGHTS-OF-WAY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY AEP TEXAS INC.; FINDING AND DETERMINING THAT THE MEETINGS AT WHICH THIS ORDINANCE WAS CONSIDERED WERE OPEN TO THE PUBLIC AND IN ACCORDANCE WITH TEXAS LAW. WHEREAS, Section 5 of the Franchise Agreement by and between the City of Corpus Christi ("City") and AEP Texas Inc. ("AEP"), passed and approved by the Corpus Christi City Council on January 13, 2009, in the form of Ordinance No. 028022, provides for a franchise fee to be paid by AEP to the City in accordance with Section 33.008(b) of the Texas Utilities Code, and the rate provided by said statute is $0.002417 per kWh delivered by AEP to each retail customer whose consuming facility's point of delivery is located within the corporate limits of the City; and, WHEREAS, Section 6 of said Franchise Agreement provides that the City may enact a franchise factor increase once every four (4) years during the term of the franchise, and that no such increase has been enacted since the effective date of the franchise; and, WHEREAS, the City desires to increase the amount of consideration or compensation paid by AEP to City for use of the public rights-of-way by five percent ($0.0001208 per kwh), resulting in an increase in the total franchise fee from a rate of $0.002417 per kWh to a rate of $0.0025378 per kWh delivered by AEP to each retail customer whose consuming facility's point of delivery is located within the corporate limits of the City; and, WHEREAS, it is reasonable to condition the payment of the incremental franchise fee payments by AEP to the City upon the recovery of such payments from AEP's customers; and 1 WHEREAS, by separate ordinance of even date herewith the City of Corpus Christi is authorizing AEP to recover the incremental franchise fee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The findings and provisions set out in the preamble to this ordinance are hereby in all things approved and adopted.. Section 2. The existing franchise between the City and AEP is incorporated by reference herein and will be in full force and effect upon the effective date of this Ordinance except to the extent Section 5 thereof is modified by the following sections. Section 3. The amount of the franchise fee due from AEP, instead of that being provided by the existing ordinance and paid in accordance with Section 33.008(b) of the Texas Utility Code, shall be calculated by multiplying a factor of $0.0025378 per kWh times the total kWh delivered by AEP during each billing month to each retail customer whose consuming facility's point of delivery is located within the corporate limits of the City of Ingleside. Section 4. The change in the franchise fee rate provided by Section 3 above is expressly conditioned upon AEP's ability to recover the additional franchise fees paid to the City. In the event that the Public Utility Commission of Texas ("Commission") or a court of competent jurisdiction finds that any portion of the franchise fees calculated under Section 3 above may not be recovered by AEP from its customers or in some manner prevents AEP from recovering said franchise fees, this Ordinance shall not obligate AEP to pay to the City of Corpus Christi any amount above the amount AEP is allowed to recover from its customers in accordance with Section 33.008(b) of the Texas Utility Code. If the Commission or court of competent jurisdiction orders AEP to refund to customers any amounts collected for the franchise fees paid 2 hereunder, such amount refunded shall be a credit against future franchise fees owed by AEP to the City of Corpus Christi. Section 5. The increased rate provided by Section 3 above shall be effective for any delivery of electricity that will be billed to the customer beginning in the January 2020 billing cycle and in subsequent billing cycles. Section 6. This Ordinance shall take effect upon its final passage, provided that AEP shall, within thirty (30) days from the final passage of this Ordinance, file its written acceptance of this Ordinance with the Office of the City Secretary. Section 7. It is hereby officially found and determined that the meetings at which this Ordinance was read and passed were open to the public as required by law and that public notice of the time, place and purpose of said meetings was given. READ, CONSIDERED, PASSED AND APPROVED, on first reading, this day of ,2019. READ, CONSIDERED, PASSED AND FINALLY APPROVED, on second reading, this day of , 2019. ATTESTED: BY: Rebecca L. Huerta, City Secretary APPROVED AS TO FORM: BY: Miles Risley, City Attorney 3 CITY OF CORPUS CHRISTI BY: Joe McComb, Mayor 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 Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith 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 4 STATE OF TEXAS COUNTY OF NUECES § § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, hereby CERTIFY that the above and foregoing is a true and correct copy of an ordinance finally passed, adopted and approved by the City Council of the City of Corpus Christi, Texas, at a meeting duly and regularly called and held on , 2019. IN TESTIMONY WHEREOF, witness my hand and seal of office, this day of , 2019. 5 Rebecca L. Huerta, City Secretary of the City of Corpus Christi, Texas AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting 4/23/2019 Second Reading Ordinance for the City Council Meeting 4/30/2019 DATE: April 8, 2019 TO: Keith Selman, Interim City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.com 826-3873 Eddie Houlihan, Director of Management & Budget EddieHcctexas.com 826-3792 AEP Texas, Inc. Electric Franchise Fee 5% Increase CAPTION: Ordinance of the City Council of the City of Corpus Christi approving an additional tariff for the recovery of franchise fees not currently being recovered in base rates by AEP Texas Inc.; and finding and determining that the meetings at which this ordinance was considered were open to the public and in accordance with Texas law. PURPOSE: The franchise with AEP Texas Inc. approved in January 2009 provides for a franchise fee to be paid to the City at the rate of $0.002417 per kilowatt hour. The franchise also provided for a franchise factor increase once every four years during the term of the franchise and no such increase has been enacted. The proposed ordinances would raise the franchise fee factor five percent to $0.0025378 per kilowatt hour. This Agenda item consists of two ordinances. The first ordinance is to establish the additional tariff to increase the franchise fee. The second ordinance amends the franchise to increase the compensation to be paid to the City. AEP has advised that it will take approximately 6-9 months to implement the new franchise fee from date of passage of the ordinances. It is estimated that the increase will provide additional $500,000 franchise fee revenue during a full fiscal year. BACKGROUND AND FINDINGS: ALTERNATIVES: Do not increase the franchise fee factor. OTHER CONSIDERATIONS: Estimated that this increase would increase a 1000 kilowatt bill by approximately 12 cents per month. CONFORMITY TO CITY POLICY: Yes EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal and Budget departments FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): (Do not list accounting streams, only names of accounts) Comments: RECOMMENDATION: Approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI APPROVING AN ADDITIONAL TARIFF FOR THE RECOVERY OF FRANCHISE FEES NOT CURRENTLY BEING RECOVERED IN BASE RATES BY AEP TEXAS INC.; AND FINDING AND DETERMINING THAT THE MEETINGS AT WHICH THIS ORDINANCE WAS CONSIDERED WERE OPEN TO THE PUBLIC AND IN ACCORDANCE WITH TEXAS LAW. WHEREAS, the current Franchise Agreement by and between the City of Corpus Christi ("City") and AEP Texas Inc. ("AEP"), passed and approved by the Corpus Christi City Council on January 13, 2009, in the form of Ordinance No. 028022, provides that the City may enact a franchise factor increase once every four (4) years during the term of the franchise, and that no such increase has been enacted since the effective date of the franchise; and, WHEREAS, the City desires to increase the consideration or compensation for the use of the City's public rights-of-way paid by AEP Texas Inc. by enacting an incremental franchise factor increase to be applied to any delivery for which the customer will receive a bill beginning in the January 2020 billing cycle, or subsequent billing cycles, resulting in an increase in the total franchise fee from a rate of $0.002417 per kWh to a rate of $0.0025378 for each kWh delivered by AEP to each retail customer whose consuming facility's point of delivery is located within the corporate limits of the City of Corpus Christi; and, WHEREAS, it is reasonable to allow AEP to recover the incremental cost of franchise fees paid to the City of Corpus Christi, and the change in the per kWh rate is not currently reflected in AEP's base rates; and, WHEREAS, the Franchise Agreement conditions the franchise compensation paid to the City by AEP upon the recovery of such payments from its customers; and, 1 WHEREAS, the effective date of the increase of the franchise fees establishes good cause to allow the tariff that provides for the recovery of the additional franchise fees to go into effect at the same time. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The findings and provisions set out in the preamble to this Ordinance are hereby in all things approved and adopted. Section 2. The attached tariff, Exhibit A, is incorporated herein and hereby approved. It allows the recovery of an incremental franchise fee to be paid to the City of Corpus Christi. Exhibit A shall be in full force and effect for any billings by AEP during the January 2020 and subsequent billing cycles. Section 3. In the event that this Ordinance to change the level of franchise compensation paid to the City, as anticipated by this Ordinance, does not pass or is found by a court of competent jurisdiction not to have been lawful, the attached tariff shall be in effect only to the extent necessary for AEP to recover additional fees paid to the City of Corpus Christi over what would have been paid under the previous franchise fee rate, and AEP shall refund to its customers any excess amounts collected. Section 4. It is hereby officially found and determined that the meetings at which this Ordinance passed were open to the public as required by law and that public notice of the time, place and purpose of said meetings were given. READ, CONSIDERED, PASSED AND APPROVED, on first reading, this day of ,2019. READ, CONSIDERED, PASSED AND FINALLY APPROVED, on second reading, this day of , 2019. 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 3 ATTESTED: BY: Rebecca L. Huerta, City Secretary APPROVED AS TO FORM: BY: Miles Risley, City Attorney 4 CITY OF CORPUS CHRISTI BY: Joe McComb, Mayor STATE OF TEXAS COUNTY OF NUECES I, the undersigned, City Secretary of the City of Corpus Christi, Texas, hereby CERTIFY that the above and foregoing is a true and correct copy of an ordinance finally passed, adopted and approved by the City Council of the City of Corpus Christi, Texas, at a meeting duly and regularly called and held on , 2019. IN TESTIMONY WHEREOF, witness my hand and seal of office, this day of , 2019. 5 Rebecca L. Huerta, City Secretary of the City of Corpus Christi, Texas EXHIBIT A AEP Texas Inc. TARIFF FOR MUNICIPAL FRANCHISE FEES Applicable: Within City Limits of Corpus Christi, Texas Effective Date: Upon effective date of Ordinance Approving Tariff Municipal Franchise Fee Charge AVAILABILITY This schedule is applicable to all electric service rendered by AEP Texas Inc. to customers within the City Limits of Corpus Christi, Texas. MONTHLY RATE Municipal Franchise Fee $0.0001208 TERMS AND CONDITIONS Electric Service will be furnished in accordancc with AEP Texas Inc.'s tariff manual and standard terms and conditions. 6 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 23, 2019 Second Reading for the City Council Meeting of April 30, 2019 DATE: April 10, 2019 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, P.E., Assistant City Manager MarkVVcctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com (361) 826-3729 J.H. Edmonds, P.E., Director of Engineering Services JeffreyE a©cctexas.com (361) 826-3851 Granting a Revocable Pipeline Easement to Epic Crude Pipeline, LP CAPTION: Ordinance accepting and appropriating $41,029 of revenue from Epic Crude Pipeline, LP; authorizing the City Manager or designee to execute a Revocable Easement to Epic Crude Pipeline, LP to permit one 30 -inch pipeline for transportation of crude oil across City owned property known as Mobile Estates Park, operated by the City Park & Recreation Department; appropriating the compensation received into its Community Enrichment Fund No. 4720. PURPOSE: This ordinance conveys a Revocable Easement to Epic Crude Pipeline, LP to allow construction, operation, maintenance, repair and removal of one 30 -inch pipeline for transportation of crude oil across City property known as Mobile Estates Park and appropriates the revenue to Park & Recreation Community Enrichment Fund. BACKGROUND AND FINDINGS: Epic Crude Pipeline, LP (Epic) is currently constructing a 650 -mile long pipeline from the Permian and Eagle Ford Basins to the Gulf Coast. They have requested a 25 -foot wide easement across a tract of land owned by the City known as Mobile Estates Park which is located between IH37 and Skyline Drive. As shown on the attached Council Exhibit, the Epic easement will be placed west of and adjacent to an existing twelve foot wide revocable easement conveyed to Eagle Ford Pipeline LP in 2015. The 25 -foot wide, 462 - foot long easement is limited to one 30 -inch pipeline which will carry crude oil to their shipping terminal on the Corpus Christi ship channel. Epic will use horizontal directional boring to construct their pipeline across IH 37 and the City's park. The pipeline will be installed at a depth of approximately 40 feet below the park's surface. The City's Department of Engineering and Park & Recreation Department evaluated the easement request and have no objection to its placement across park property. The City has agreed to grant a Revocable Easement instrument for the amount of $41,029. The amount of compensation is based on an apportionment method consistent with previous pipeline easement conveyances. It is calculated based on pipe diameter, pipe length, and easement area. The method takes into consideration the variables involved and accommodates requests from pipeline companies for easements of various widths and with multiple sized pipe. The easement language contains terms and conditions which pertain to construction standards and compliance with law. The easement is revocable by the City if Epic violates and fails to correct any of the laws, rules, or regulations of the Department of Transportation, Railroad Commission, and certain City ordinances. Epic will also fully indemnify the City against any and all liability, damage, loss claims and actions of any nature. Authorization to convey easement and land rights is required by City Council. There is no title company participation required in conveyance of this easement. Revenue will be appropriated to the Park & Recreation Community Enrichment fund. ALTERNATIVES: 1. Covent the easement to Epic Crude Pipeline, LP> (Recommended) 2. Do not convey the easement to Epic Crude Pipeline, LP. (Not Recommended) This could lead to legal action of eminent domain proceedings by Epic as they are registered as a common carrier pipeline company with eminent domain rights in the State of Texas. OTHER CONSIDERATIONS: Epic needs this Revocable Easement to be able to construct this section of the subject pipeline. CONFORMITY TO CITY POLICY: The City is authorized under its home -rule authority, as well as under the grant of powers under Section 1, Article X of the Charter, to convey this easement. This ordinance also conforms to Section 1, Article IX of the Charter. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering Department Parks & Recreation Department FINANCIAL IMPACT: [ ] Operating [x] Revenue [ ] Capital [ ] Not applicable Fiscal Year: 18-19 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 41,029 41,029 BALANCE Fund(s): Park & Recreation Community Enrichment fund, 4720-21300 Comments: No expenditures are requested. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Council Exhibit Revocable Easement Ordinance Presentation Ordinance accepting and appropriating $41,029 of revenue from Epic Crude Pipeline, LP; authorizing the City Manager or designee to execute a Revocable Easement to Epic Crude Pipeline, LP to permit one 30 -inch pipeline for the transportation of crude oil across City owned property known as Mobile Estates Park, operated by the City Park & Recreation Department; appropriating the compensation received into its Community Enrichment Fund No. 4720. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: That a 25 -foot wide Revocable Easement be granted to Epic Crude Pipeline, LP, for the purpose of constructing, operating, maintaining, repairing and removing one 30 -inch pipeline across a City owned property known as Mobile Estates Park in Corpus Christi, Nueces County, Texas, for the amount of $41,029 to be paid to the City. SECTION 2: That the City Manager or designee is authorized to execute the Revocable Easement and other related documents for the conveyance of the revocable easement. That the foregoing ordinance was read for the first time and passed to its second reading on this 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 Mayor REVOCABLE EASEMENT (Epic Crude Pipeline LP, Tract TX -NU -H-034.00) THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That, the City of Corpus Christi, a Texas home -rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting by its duly authorized City Manager, or designee, ("City Manager") in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by EPIC CRUDE PIPELINE LP, whose address is 18615 Tuscany Stone, Suite 300, San Antonio, Bexar County, Texas, 78258 ("Grantee"), the receipt of which is acknowledged, and the further consideration of "Grantee" complying with the City's Hazardous Substances, Liquids, and Gas Pipelines and Distribution System Ordinance, Article VII Chapter 35 Code of Ordinances, and City's pipeline ordinance, Article VII Chapter 49 Code of Ordinances, as amended, has GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said EPIC CRUDE PIPELINE LP, the right to relocate, install, operate, repair, replace, and maintain one pipeline, not to exceed thirty (30) inches in diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers for the transportation of natural gas, gaseous products, crude oil, and other hydrocarbons or minerals, whether in gaseous or liquid form, across, under and upon the land owned by Grantor described and shown on the attached Exhibit A. TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns, together with the right to enter upon Grantor's tract of land as shown on the attached and incorporated Exhibit "A", for the purpose of relocating, installing, operating, repairing, replacing, and maintaining said Improvements under the following conditions. 1. Definitions: a) City means the City of Corpus Christi, a Texas home -rule municipal corporation. b) Grantor means City, and may be used interchangeably with City. c) City Manager means the City's City Manager or his designee. d) Director means City's Director of Engineering Services or his designee. e) Risk Manager means City's Director of Risk Management or his designee. f) City Attorney means City's City Attorney or his designee. g) Grantee means Epic Y Grade Pipeline LP. Revocable Easement Epic Y Grade Pipeline, LP 1 of 17 h) Improvements means one pipeline not to exceed thirty (30) inches in diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers all within City property. 1) Contractor means Grantee's agent to construct, maintain, replace, repair, or remove the Improvements. j) Exhibit A means the Exhibit, whether 1 or more pages, showing the locations where the Improvements enter or cross City property. k) City Utilities means the City's Water, Wastewater, Storm Water and Gas divisions. I) Franchisees' Preexisting Improvements means those improvements owned or operated by a franchise or licensee of the City that were in place prior to the Improvements installed under this Revocable Easement. m) Utilities Representative means the applicable City Utilities representative that needs to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine relocation, installation, operation, repair, replacement, and maintenance work the Utilities Representative will be the appropriate Water, Wastewater, Storm Water or Gas division foreman on duty. The City has Water, Wastewater, and Gas crews on duty or on-call 24 hours a day, 365 days a year. The Water Representative, the Wastewater Representative, the Gas Representative, and the Drainage Representative is the respective name for each division's authorized representative as set out above, and collectively called the Utilities Representative. n) Franchisee's Representative means the representative of a City franchisee or licensee that has preexisting Improvements within 2 -feet of the proposed Improvements that need to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine installation, maintenance, or repair work each franchisee's or licensee's representative (e.g. the SWBT Representative, the AEP Representative) will be contacted. The franchisee and licensee representatives are collectively called Franchisee's Representative. o) City Inspector means that person acting on behalf of a City Utility or the City Street Department inspecting the relocation, installation, operation, repair, replacement, and maintenance of the Improvements. Revocable Easement Epic Y Grade Pipeline, LP 2 of 17 p) Revocable Easement Area means that portion of City property upon which the Improvements will be installed, operated, repaired, replaced, and maintained. 2. Construction Standards. All work proposed by Grantee to install, repair, or replace the Improvements will equal or exceed Department of Transportation Pipeline Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 - Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the improvements, 3. Compliance with Laws. In installing, operating, maintaining, repairing, or replacing the Improvements Grantee must comply with all applicable Federal, State, County, and City laws and ordinances, and all amendments thereto, and secure all necessary permits from the appropriate agencies, including but not limited to, City Code of Ordinances Chapter 35, Article VII, which provides for emergency response coordination for pipelines transporting hazardous substances, liquids, and gases, including information reporting requirements for existing and new pipelines. 4. Depth Limits and Water Transmission Pipeline Clearances. Grantee must install, replace, repair, and maintain the Improvements so that no portion of the pipeline will be any shallower than 36 -inches from existing ground or roadway pavement. Grantee will also maintain a minimum of twelve (12') feet clearance between Grantee's pipelines and any City water transmission pipelines. Grantee must notify the Texas One -Call for utility locations in the Revocable Easement Area at least 48 hours prior to the start of construction. 5. Crossing or Ditch Requirements. Prior to any repair or replacement of the Improvements, Grantee must provide protection at all road crossings or ditches, by either casing, extra pipe wall thickness, concrete jacketed pipe, or other means approved by the Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the method on the construction plans. Grantee will maintain a minimum clearance of ten (10') feet between Grantee's pipeline and any existing concrete lined drainage channels located on Grantor's property. 6. Operating Pressure. Grantee's maximum operating pressure for the Improvements must not exceed design limitations as set forth in the Railroad Commission or Federal D.O.T. regulations for the size and type of line to be installed and operated. 7. 60 Day Revocation. Grantee understands and agrees that the right and easement herein granted may be revoked at any time by the City of Corpus Christi acting through its City Manager, and Grantee may be required to remove the Improvements at Grantee's sole expense upon 60 days' notice in writing. If Grantee is in violation of Department of Transportation or Railroad Commission laws, rules, or regulations, or City Revocable Easement Epic Y Grade Pipeline, LP 3 of 17 ordinances, Grantee will be given written notice of the violation and 30 days from receipt of such notice to commence to cure the stated violations, within the overall 60 day period. If after the 30 day cure period has expired and Grantee has not cured the violations, this Revocable Easement may be revoked and Grantee may be required to remove the Improvements upon 30 days' notice in writing: provided however that if Grantee has commenced to cure the stated violation but has not completed same with the 30 day cure period, Grantee may proceed to cure such violation and this Revocable Easement shall not be revoked. 8. Improvements Markers. Grantee will place markers at the points where such Improvements enter or leave a public street or drainage right-of-way or other City property. Such markers must be of permanent construction bearing Grantee's name and emergency telephone number and placed on the edge of the public right-of-way. 9. Assignability. This Revocable Easement, and all its terms and conditions, bind and inure to the benefit of Grantor and Grantee and their respective lessees, licensees, successors, and assigns. Grantee may assign this Revocable Easement to any person, firm, corporation, partnership, or other entity, with the prior written consent of Grantor's City Manager, which consent will not be unreasonably withheld. Any assignment must provide that the assignee unconditionally assumes all the duties and obligations of assignor upon the same terms and conditions as set out in this Revocable Easement, which assumption of duties and obligations is partial consideration for Grantor's consent to the assignment. 10. Construction Drawings & As-Builts. Grantee must provide Director with a set of construction plans for all work proposed for the Improvements located within the Revocable Easement Area, one month prior to the start of construction, for Director's review and approval. The plans will tie the centerline of the proposed Improvements to the centerline of the Revocable Easement Area. Any centerline improvements will also be tied to the existing utility centerlines. The Grantee must provide the Director with a complete depth profile, distance, and location of its Improvements from existing City utilities, other franchised utilities, and other pipelines, that fall within the Revocable Easement Area. The Grantee is advised that centerline of proposed Improvements must have a minimum centerline to centerline horizontal distance as shown in the table below: Water - 60" Wastewater - 18" Gas -18" Storm Water - 18" TimeWarner - 12" SWB/AT&T - 12" AEP (CPL) - 12" ESPIRE - 12" KMC -12" ICG - 121E Grande(ClearSource) - 12" Caprock - 12" The Grantee must provide the Director with a 1' 1 x 17 size reproducible set of as -built drawings of the Improvements within 60 days after completion of construction; failure to do so may result in Grantee's Revocable Easement being forfeited by the City. 11. Insurance. The Grantee must not commence work under this Agreement until it and its Contractor have obtained through self-insurance or insurance policies required herein and proof of such insurance as evidenced by the Certificate of Insurance Revocable Easement Epic Y Grade Pipeline, LP 4 of 17 has been submitted to and approved by the Risk Manager. The required type and amount of required insurance coverage is specified in the attached and incorporated Exhibit "B". The Grantee and its Contractor, if any, must have and maintain Commercial General Liability Insurance during the entire construction phase of the project. When construction is finished and the Improvements completed the Grantee must have and maintain Commercial General Liability Insurance through self-insurance or insurance policies for the entire duration of this Revocable Easement and for so long as Grantee's improvements are located in or upon property of the Grantor. This provision shall survive termination or expiration of this Revocable Easement. The contractual liability portion of this insurance must be broad enough to cover the indemnity agreement in this Agreement. Such policies of insurance must include the City as an additional insured with respect to any liability arising out of the Grantee's and its Contractor's use or maintenance of the Improvements in the Revocable Easement Area. The insurance policies specified must include an endorsement stating that the insurance company(ies) must give the Director 30 days written notice by certified mail, before any policy covered thereby is canceled, not renewed, or materially changed. Copies of all insurance policies from Grantee and Contractor must be provided to City Attorney within 30 days after City Manager's reasonable written request therefor. Grantee and Contractor, if applicable, must provide copies of all insurance policies to the City Attorney within 30 days of the City Manager's reasonable request therefor if an incident -relating to the Improvements or Grantee's operations hereunder -occurs that reasonably appears to be covered by such insurance. If such copies are requested and provided, Grantee may mark the information in Grantee's policies that Grantee believes is confidential or proprietary. If City is requested to provide all or part of Grantee's insurance policies to third parties, City will timely forward the records to the Attorney General for a determination whether the records are "Public Information" under the Texas Pubic Information Act. City will contemporaneously notify Grantee of the open records request so that Grantee may participate in any available procedures and take steps it believes necessary to protect the nature of the confidential or proprietary information. 12. Indemnity. Grantee must fully indemnify the City of Corpus Christi, its officers, employees and agents ("Indemnitees) against any and all liability, damage, loss claims, demands, and actions of any nature whatsoever on account of personal injuries (including without limitation, workers compensation and death claims), or property loss or damage of any kind, or any other kind of damage which arise or are claimed to arise out of or in connection with the Grantee's or Grantee's officers', agents', and/or employees' ("Grantee's Agents") and/or Grantee's contractors' negligent acts or omissions or acts of intentional or willful misconduct in their respective installing or marking of the Improvements or other construction, operation, maintenance, repair, control, or use of the Improvements or the Revocable Easement Area, including but not limited to, those damages arising out of Indemnitees' intentional or negligent acts in cutting or causing to be cut the Improvements during installation, repair, replacement, maintenance, or operation Revocable Easement Epic Y Grade Pipeline, LP 5 of 17 of City utilities located in or adjacent to the Revocable Easement Area; and including but not limited to those damages arising out of the Grantee's or Grantee's Agents' intentional or negligent acts in cutting or causing to be cut City utility lines during Grantee's or Grantee's Agents' or Grantee's contractors' use of the Revocable Easement Area. This provision shall continue so long as Grantee's Improvements are located on City property. 13. Repairs to City's Improvements or Franchisees' Preexisting Improvements. Grantee will repair, or cause to be repaired, any damage its construction, operation, repair, relocation, replacement or maintenance of the Improvements causes to a City street, sanitary sewer, storm sewer, gas, drainage facility, or to a Franchisees' Preexisting Improvements if the City Improvements or Franchisees' Preexisting Improvements were in place prior to Grantee's initial installation of the Improvements. 14. Abandonment of pipeline. Grantee may leave abandoned pipe in place unless the Director requires the Grantee to remove the abandoned pipe to facilitate city operations or protect the public safety. Upon notice from the Director, Grantee shall promptly remove the specified abandoned Improvement. If a Grantee abandons Improvements, the Grantee remains responsible for the safe condition of the Improvements after the pipe is abandoned, The City will not assume ownership or control over the abandoned Improvements, and the City assumes no responsibility for their maintenance and safety, unless the City in writing accepts a particular facility. Subsection 49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and appurtenances not removed by Grantee after abandonment. If Grantee removes any pipe, facilities or appurtenances, the Grantee shall restore the City property, at the sole cost of the Grantee, under subsection 49-97(c) of the City Code of Ordinances. 15. General Conditions. a) Recordation. Grantee, at Grantee's expense, will record the Revocable Easement at the Office of the County Clerk, Nueces County Courthouse and Grantee will provide a recorded copy to Grantor. b) Notification and Verification. Contractor must verify depth and locations of City Utilities, and all Franchisees' Preexisting Improvements in or near the Revocable Easement Area 48 hours prior to commencing any routine construction or repair work, other than bona fide emergency repairs which must be reported to the appropriate Utilities Representative(s), the Street Superintendent, and the appropriate Franchisee's Representative(s) immediately upon Grantee's knowledge of the need for repairs. The Utility Representatives, the Street Superintendent, and the Franchisee's Representatives may have a representative present during Grantee's construction, repair, or emergency repair operations. Revocable Easement Epic Y Grade Pipeline, LP 6 of 17 c) Permit. 48 hours prior to commencing any routine construction or repair work, and by 9 a.m. the next work day for emergency repairs, the Grantee will apply to the Director or his designee for a permit before disturbing part of the Revocable Easement Area. Grantee must perform the work in accordance with the permit and all applicable federal, state, and local laws and regulations. Contractor must not leave trenches or pits in the Revocable Easement Area open overnight unless Contractor provides adequate safety and security devices to prevent possible injuries or accidents. All trenches or pits must be backfilled as soon as possible, the backfill properly compacted, the surface restored, and the work all done in a neat and workmanlike manner. No bore pits may be left open longer than 14 calendar days regardless of location. Barrel type barricades will be placed adjacent to all pits. At a minimum the following items will be included in the permit: i) Bore. Grantee's pipelines crossing the Revocable Easement Area will be dry or slick bored. Wet or slick bore may be approved by the Director if the Grantee will provide the Director or "Designee" sufficient and satisfactory soil analysis information to support the wet bore. ii) Open -Cut. Grantee or its Contractor must saw cut any existing concrete and asphalt down to sub -base, and replace with new concrete or asphalt. The pavement repair must consist of 5 -inches of compacted Hot Mix Asphalt Concrete (HMAC) Type D to be placed in two lifts, i.e., 3 -inches and 2 -inches or two lifts of 2.5 -inches. The HMAC pavement must extend over the existing base for a width of 12 -inches on either side of trench cut. Subgrade will be trenched with some prime coat MC - 70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand containing a minimum of 2 sacks of Standard Type 1 Portland cement per cubic yard of sand in street right-of-way where asphalt concrete pavement has been cut and surface. Pavement will be restored as described five feet on each side of cut centerline, such that no settlement will occur in roadway area. Grantee will encase the Improvements in sand, with a minimum of 8 -inches around the Improvements. d) Uncovering City Utilities. A City Inspector has the authority to request Contractor to uncover a Utility Line in the Revocable Easement Area to verify its depth or location. If the proposed Improvements cross an existing transmission main (16" diameter and above), the Contractor will uncover the main at the point of intersection with the Improvements, with a Utilities (Water) Representative on-site during excavation. This excavation will Revocabie Easement Epic Y Grade Pipeline, LP 7 of 17 occur 24 hours prior to start of construction of that portion of the Improvements that intersect the transmission main. If the proposed Improvements cross a City Utility, Grantee must maintain a 3 -foot vertical separation; however Grantee must maintain a twelve (12) foot vertical and 5 -foot horizontal separation around all water transmission mains. Grantee must properly compact backfill around all existing City Utilities in accordance with all City constructions standards, including City Water Distribution System Standards, paragraph 15(c), and the City Inspector's request. Contractor must take every precaution to not disturb the soil surrounding the existing City Utilities, including any and all thrust blocks. If Contractor's work on the Improvements damages a Waterline, as determined by the Water Representative, a Water crew must be immediately allowed access to the Revocable Easement Area to make all repairs. All City's costs (labor and equipment) associated with the Waterline repairs will be paid by the Grantee within 30 days after City sends Grantee an invoice. The Water Representative will determine the extent of damage to the Waterline and the type of repair necessary. If Contractor's work on the Improvements damages a City Utility line and soil or sand enters service lines and causes damage to residential or non- residential plumbing, Grantee must resolve the damage issue with the individual owners, including all costs associated with resolution. e) City Inspectors. While work is being done within the Revocable Easement Area, including without limitation work around any existing Water main, Contractor must pay for each City Inspector's time at the Revocable Easement Area at a daily rate of $301.31 for each day spent inspecting construction, maintenance, repair, replacement, or relocation of said Improvements. A half-day - 4 or more hours of work - constitutes a whole working day for purposes of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of $56.49 per hour. Grantee must pay these funds to the appropriate City Department within the City as allocated by the Director. The daily rate and overtime charges may be changed by the Director each August 1 based upon the average wages of the City Inspectors. The new charges will be on file with the Director. t) Drainage, grading, and erosion. Contractor must maintain proper drainage at all times, including without limitation at the end of each work day, in all drainage ditches impacted by the construction, maintenance, Revocable Easement Epic Y Grade Pipeline, LP 8 of 17 repair, replacement, or operation of the Improvements., After completion of, or in the event of repair or replacement of, the Improvements Contractor must reshape and grade, and sod if applicable, drainage ditches to a correct and permanent condition as determined by the Director. If the drainage ditch is concrete there will be no grading, etc., but the ditch must be repaired to its previously existing condition as determined by the Director. If there is any erosion of roadway or private property due to loss of existing vegetation along the banks of the drainage ditches, or from any other condition due to disturbing the soil along the Revocable Easement Area caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. g) Damages to structures. if there is any damage to driveways, culverts, head walls, and any other structure, public or private, caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. h) Equipment and materials. Grantee may not store or leave overnight any equipment or material in City property. Grantee's equipment or stock pile of material on private property, or on City right-of-way during the day, must not obstruct the vision of vehicles or pedestrians for 500 feet either direction from a street intersection or driveways onto a street. 0 Aesthetics. To preserve and protect trees, shrubbery, and other aesthetic features on the street right-of-way and on City property, the Director may specify the extent and methods of tree removal, tree trimming, or replacement, and replacement of other aesthetic features, including specifying the methods of installing the Improvements. The Director will use due consideration in establishing the value of trees and other aesthetic features in the proximity of the proposed Improvements and any special requirements justified by the value of the trees and other aesthetic features. j) Testing. City Inspector determines when laboratory testing will be required, the number, location, and frequency of testing. All testing is at the Contractor's expense. k) Safety. The City inspector may request any other conditions that may be required to complete this project in a safe and workmanlike manner. Revocable Easement Epic Y Grade Pipeline, LP 9 of 17 1) Guarantee. Grantee's workmanship and materials must comply with all applicable City Standards and all work must be guaranteed by the Grantee for a one-year period from the date Grantee provides the reproducible, as -built drawing required by Section 10, to the Director. m) Notification of Leaks. Grantee must notify Director of any spills and leaks within the Revocable Easement Area within two business days after Grantee is aware of the spill or leak. Grantee must pay for all remediation costs related to its Improvements spills or leaks within the Revocable Easement Area. Grantee must provide Director a remediation plan that complies with all applicable federal, state, and local rules and regulations at the time of discovery of the leak or spill. The City Manager may investigate the condition and extent of the leaks and spills. 16. City use of Revocable Easement Area. All rights granted Grantee, are subordinate to all uses as the City may make of such Revocable Easement Area, and street right-of-ways for public purposes, and any drainage right-of-way for State, County, or City purposes. Grantee is aware that the City tract shown on Exhibit A is a City park known as Mobile Estates Park. Grantee will take full precaution when entering, using, and working within the Exhibit A easement area. 17. Sale of Natural Gas - Restrictions. Grantee is expressly prohibited from the sale or distribution of natural gas to consumers, whether industrial, commercial or residential, except AEP (Central Power & Light Company), which consumers are located within the city limits of the City of Corpus Christi as may be amended from time to time. It is expressly provided that, as used in this paragraph, the sale of "natural gas" does not include the intercompany sale or transfer by or between two or more business entities of fuel gas or fuel in any form used and consumed in the fractionation, heating, distilling, producing or manufacturing process, of the petro -chemical industry. It is mutually understood and agreed that this Agreement, as written, covers all covenants, agreements, and stipulations between the parties and that no representations or statements, written or oral, have been made modifying, adding to, or changing the terms hereof, and that any party securing this conveyance on behalf of Grantee is without authority to make representation, stipulation, covenant or agreement not herein expressed. Revocable Easement Epic Crude Pipeline, LP TX -NU -H-03400 10 of 17 Executed this the day of 2019 GRANTOR ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary Keith Selman, Interim City Manager APPROVED S TO LEGAL. FORM: 61 day of A By: uteNi+elelead , 2019 , Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2019, by Keith Selman, Interim City Manager, of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Revocable Easement Epic Crude Pipeline, LP TX -NU -H-034.00 11 of 17 GRANTEE The above and foregoing REVOCABLE EASEMENT is accepted this the day of , 2019, by , in their capacity as of Epic Crude Pipeline, LP, the Grantee herein, and Grantee agrees to keep and perform the conditions imposed by the Revocable Easement. Epic Crude Pipeline, LP By: Name: Justin Gordon Title: SVP of Engineering and Operations THE STATE OF TEXAS COUNTY OF SE -MR, This instrument was acknowledged before me this 2019, by Susi G -,-glen y }`' day of Apr; j as Vp-3 of Epic Crude Pipeline, LP who declared that they executed the same for the purposes therein stated and with proper authority to do so. Revocable Easement Epic Crude Pipeline, LP TX -NU -H-034.00 12 of 17 Notary Public, State of Texas EPIC CRUDE PIPELINE, LP EXHIBIT "A" NUECES COUNTY, TEXAS PERMANENT PIPELINE EASEMENT DESCRIPTION HONDO PIPELINE TRACT NO.: TX -NU -H-034.00 DESCRIPTION OF A 25 FOOT WIDE PERMANENT PIPELINE EASEMENT BEING 12.5 FEET LEFT OF AND 12.5 FEET RIGHT OF THE HEREIN DESCRIBED SURVEYED BASELINE OUT OF A CALLED 2.06 ACRE TRACT OF LAND, BEING LOT 1, BLOCK 1 OF THE MOBILE ESTATES SUBDIVISION, RECORDED IN VOLUME 37, PAGE 150, MAP RECORDS OF NUECES COUNTY, TEXAS (M.R.N.C.T.), SITUATED IN THE E. VILLAREAL SURVEY, ABSTRACT NO. 1, NUECES COUNTY, TEXAS, IN THE NAME OF CITY OF CORPUS CHRISTI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING (P.O.B., X:1314392.70, Y:17182005.63) at the South line of said Corpus Christi tract, and the North right-of-way line of Skyline Drive, from which a calculated corner for the Southeast corner of said Corpus Christi tract, bears: North 89°19'48" East, a distance of 66.12 feet; THENCE, North 00°16'04" West, a distance of 462.30 feet, to the POINT OF EXIT (P.O.E., X:1314390.54, Y:17182467.92) at the North line of said Corpus Christi tract, and the South right-of-way line of 1-37, from which a 2 inch iron rod found for the Northwest corner of said Corpus Christi tract, bears: North 80°35'44" West, a distance of 131.79 feet. The herein described centerline traverses said Corpus Christi tract a total distance of 462.30 linear feet (28.02 rods). Certification is made only to the location of this easement according to evidence and/or lines of occupation observed upon the date of this field survey. Only utilities/easements that were visible and apparent on the date of this survey, within/adjoining the described easement, have been located, shown and/or described hereon of which I have knowledge of. This certification is limited to those persons or entities shown on the face of this exhibit, is non -transferable and made for this transaction only. Title information has been provided by the Client; as such, Open Range Field Services does not warrant or guarantee that all conflicts, easements or encumbrances are shown. Adjoiner information shown or described is for informational purposes only. All bearings, distances and coordinates contained herein are grid, based upon the Texas State Plane Coordinate System, South Zone, of the North American Datum 1983 (NAD83, Realizations 2011, Epoch 2010.00), in U.S. Survey Feet. A survey exhibit of even date accompanies and is a part of this easement description (EXHIBIT "A"). ud, Codi Lamberson Registered Professional Land Surveyor No. 6480 Open Range Field Services, LLC 1503 S. Barnes Pampa, Texas 79065 (806) 665-0770 SHEET 1 OF 2 Date: 3/28/2079 Date of Survey: November 15, 2018 Revision 1: February 13, 2019 Revision 2: March 28, 2019 00' s0' 0 s0, 100' 1' = 100 LEGEND 1 PERMANENT EASEMENT /1 TEMPORARY WORKSPACE –..—•.—..– EXISTING PIPELINE –"i"– EXISTING WATER LINE ROAD WAY SUBJECT TRACT CALCU LATER POINT MONUMENT FOUND O • TX -NU -H-034.10 1-37 FOUND 2" IRON ROD TX -NU -H-033.10 EXHIBIT "A" NUECES COUNTY, TEXAS PIPELINE EASEMENT PLAT TOTAL LENGTH: 462.30 FEET OR 28.02 RODS TOTAL EASEMENT: 0.27 ACRES N 80°3544" W 131.79' SKYLINE DRIVE —, —, —i —1 �i—i-�AA P.O.B. X:1314392.70 Y:17182005.63 P.O.E. X:1314390.54 Y:17182467.92 1�CERRFICATKIN IS MADE ONLY TO HE LOCATION OF 11110 EASEMENT ACCO(03NC 70 EVIDENCE AND/OR LIVES OF COGITATION OBSERVED UPON THE DATE OF IRIS FIELD SURVEY. ONLY MUTES/EMfMENTs THAT WERE W98LE AND APPARENT ON THE DATE OF THIS SURVEY. WITHIN/ADJOINING TRE DESCRIBED EA0EAENT, HAVE BEEN LOCATED, SHOWN AND/OR DESCRIED HEREON OF WHICH I HAVE KNOWLEDGE OF. THS CERTIFICATION 5 UNTIED TO THOSE PERSONS OR ENTITIES SHOWN ON RE FACE OF 010 EXHIBIT, 5 NON–TRANSFERABLE AND MADE FOR THIS TRANSACTION ONLY. 2. 1111E INFORMATION HAS BEEN PROVIDED BY THE CUE": AS SUCH OPEN RANCE FIELD SERVICES DOES NOT WMRNIT OR COMM/TEE THAT ALL CONFLICTS. EASEMENTS OR ENCUMBRANCES ME SHOWN. AOJOINER INFORMATION SHOWN OR DESCRIBED S FOR INFORMTIONN. PURPOSES ONLY. 3. ALL BEARINGS, DISTANCES AND COORDINATES CONTAINED HEREIN ARE CRD, BASED UPON 7HE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, OF THE NORTH AMERICAN DATUM 1983 (NNW, REAUTATION 2011, EPOCH 201000), IN US. SURVEY FEET. 4. 711E OUTER UMIIS OF THE PERMANENT EASEMENT DOMES 0R SHORTENS TO THE RESPECTIVE TRACT ONES TEMPORARY WORKSPACE UES ADJACENT AND CONTINUOUS TO THE PERMANENT EASEMENT UNLESS NOTED OTHERWISE. 5. EASEMENT DESCRIPTION OF EvN DATE ACCOMPANIES AND 5 A PMT OF TH5 SURVEY EXHIBIT (EXHIBIT A'). r w 8 w r25' -y DETAIL SCALE: 1 = 50' TX -NU -H-034.00 CITY OF CORPUS CHRISTI 2.06 ACRES LOT 1, BLOCK 1 MOBILE ESTATES SUBDIVISION MOBILE ESTATES SUBDIVISION VOLUME 37, PAGE 150 M.R.N.C.T. E. VILLAREAL SURVEY A-1 CALCULATED CORNER N 89°19'48" E 88.12' CODI LAMBERSON, R.P.L.S. No. 6480 SURVEYED ON THE GROUND: November 15, 2018 PIPELINE, STATION, OR ACCOUNT NUMBER HONDO PIPELINE SCALE 1'=100' CONST. YR. 2019 F1LENUMBER N/A CA00 FILENAME TX—NU—H-034.00.DWG DRAWN LD OATS 1-31-19 1503 S. BARNES PAMPA, TX 79065 OPEN TSPl9 No, 10199991 0' 808 885 0 7/0 RAND 39950 IH -10 WEST, BOERNE, TX 78008 FIELD SERVIC ES, LLC OB90B1s�60099 B9 PROJECT NO. ORFS -600-2 REV. NO. — DESCRIPTION BY DATE APP. 1 MOVED PIPELINE K.Y. 2-11-19 2 MOVED EASEMENT K.Y. 3-28-19 EPIC CRUDE PIPELINE, LP PREVIOUS DWG. NO. SHT. - OF - DWG. NO. TX -NU -H -034.00A SHT. 2 OF 2 2 LINE TABLE UNE BEARING DISTANCE 1 N 00' 16'04" W 462.30' N 80°3544" W 131.79' SKYLINE DRIVE —, —, —i —1 �i—i-�AA P.O.B. X:1314392.70 Y:17182005.63 P.O.E. X:1314390.54 Y:17182467.92 1�CERRFICATKIN IS MADE ONLY TO HE LOCATION OF 11110 EASEMENT ACCO(03NC 70 EVIDENCE AND/OR LIVES OF COGITATION OBSERVED UPON THE DATE OF IRIS FIELD SURVEY. ONLY MUTES/EMfMENTs THAT WERE W98LE AND APPARENT ON THE DATE OF THIS SURVEY. WITHIN/ADJOINING TRE DESCRIBED EA0EAENT, HAVE BEEN LOCATED, SHOWN AND/OR DESCRIED HEREON OF WHICH I HAVE KNOWLEDGE OF. THS CERTIFICATION 5 UNTIED TO THOSE PERSONS OR ENTITIES SHOWN ON RE FACE OF 010 EXHIBIT, 5 NON–TRANSFERABLE AND MADE FOR THIS TRANSACTION ONLY. 2. 1111E INFORMATION HAS BEEN PROVIDED BY THE CUE": AS SUCH OPEN RANCE FIELD SERVICES DOES NOT WMRNIT OR COMM/TEE THAT ALL CONFLICTS. EASEMENTS OR ENCUMBRANCES ME SHOWN. AOJOINER INFORMATION SHOWN OR DESCRIBED S FOR INFORMTIONN. PURPOSES ONLY. 3. ALL BEARINGS, DISTANCES AND COORDINATES CONTAINED HEREIN ARE CRD, BASED UPON 7HE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, OF THE NORTH AMERICAN DATUM 1983 (NNW, REAUTATION 2011, EPOCH 201000), IN US. SURVEY FEET. 4. 711E OUTER UMIIS OF THE PERMANENT EASEMENT DOMES 0R SHORTENS TO THE RESPECTIVE TRACT ONES TEMPORARY WORKSPACE UES ADJACENT AND CONTINUOUS TO THE PERMANENT EASEMENT UNLESS NOTED OTHERWISE. 5. EASEMENT DESCRIPTION OF EvN DATE ACCOMPANIES AND 5 A PMT OF TH5 SURVEY EXHIBIT (EXHIBIT A'). r w 8 w r25' -y DETAIL SCALE: 1 = 50' TX -NU -H-034.00 CITY OF CORPUS CHRISTI 2.06 ACRES LOT 1, BLOCK 1 MOBILE ESTATES SUBDIVISION MOBILE ESTATES SUBDIVISION VOLUME 37, PAGE 150 M.R.N.C.T. E. VILLAREAL SURVEY A-1 CALCULATED CORNER N 89°19'48" E 88.12' CODI LAMBERSON, R.P.L.S. No. 6480 SURVEYED ON THE GROUND: November 15, 2018 PIPELINE, STATION, OR ACCOUNT NUMBER HONDO PIPELINE SCALE 1'=100' CONST. YR. 2019 F1LENUMBER N/A CA00 FILENAME TX—NU—H-034.00.DWG DRAWN LD OATS 1-31-19 1503 S. BARNES PAMPA, TX 79065 OPEN TSPl9 No, 10199991 0' 808 885 0 7/0 RAND 39950 IH -10 WEST, BOERNE, TX 78008 FIELD SERVIC ES, LLC OB90B1s�60099 B9 PROJECT NO. ORFS -600-2 REV. NO. — DESCRIPTION BY DATE APP. 1 MOVED PIPELINE K.Y. 2-11-19 2 MOVED EASEMENT K.Y. 3-28-19 EPIC CRUDE PIPELINE, LP PREVIOUS DWG. NO. SHT. - OF - DWG. NO. TX -NU -H -034.00A SHT. 2 OF 2 2 EXHIBIT B INSURANCE REQUIREMENTS L GRANTEE'S LIABILITY INSURANCE A. Grantee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Grantee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Grantee must furnish to the City's Risk Manager and Director of Development Services, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is required on all certificates or by policy endorsement Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY (including): 1. Commercial Broad Form 2. Premises — Operations 3. Underground Hazard (if applicable) 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Independent Contractor 7. Personal Injury/ Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence $10,000,000 Aggregate AUTOMOBILE LIABILITY 1. Owned Vehicles 2. Hired and Non -owned Vehicles $1,000,000 COMBINED SINGLE LIMIT POLLUTION LEGAL LIABILITY including; Third Party Remediation $5,000,000 Per Claim $5,000,000 Aggregate Revocable Easement Epic Crude Pipeline, LP TX -NU -H-034.00 15 of 17 `-WORKERS' COMPENSATION All States Endorsement is Required if Not Domiciled in Texas EMPLOYERS' LIABILITY Which Complies With The Texas Workers' Compensation Act $500,0005500,0005500,000 C. In the event of accidents of any kind, Grantee must furnish the Risk Manager with copies of all reports related to this permit of such accidents within 10 days of: any accident. II. ADDITIONAL REQUIREMENTS A. Grantee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States" endorsement shall be required if Grantee is not domiciled in Texas. B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Grantee'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. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. Grantee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Grantee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-398() D. Grantee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement or comparable policy language, as Revocable Easement Epic Crude Pipeline, LP TX -NU -N-034.00 16 of 17 respects 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 and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Grantee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Grantee'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 agreement. F. In addition to any other remedies the City may have upon Grantee'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 Grantee to stop work hereunder until Grantee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Grantee may be held responsible for payments of damages to persons or property resulting from Grantee's or its subcontractor's perforrnance of the work covered under this agreement. H. It is agreed that Grantee'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. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Revocable Easement ins. req. 6/27/2013 ds Risk. Mgmt. Revocable Easement Epic Crude Pipeline, LP TX -NU -H-034.00 17 of 17 EPIC CRUDE PIPELINE, LP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES V.w ACIIIII Corpus Chr sti Engineering Revocable Pipeline Easement to Epic Crude Pipeline, LP City Council Presentation April 23, 2019 Project Location cgo Corpus Chr sti Engineering 2 Project Vicinity cgo Corpus Chr sti Engineering MOBILE ESTATES PARK EAGLE FORD PIPELINE, LLC (12 FT WIDE) Project Details k* Corpus Chr sti Engineering • Revocable Easement will cross Mobile Estates Park • Existing Eagle Ford 12 -foot easement in place granted in 2015 • Easement is 25 -foot wide by 462 -foot long containing 0.26 acres • Easement will contain one 30 -inch pipeline to transport crude oil • Pipeline will be installed across park using horizontal boring • City will receive compensation of $41,029 • Compensation based on pipe diameter, length, & easement area • Revenue to be appropriated to Community Enrichment Fund Epic Crude Pipeline, LP Revocable Easement Corpus Chr sti Engineering QUESTIONS? 5 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 . 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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. 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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 Public Hearing for the City Council Meeting of April 23, 2019 Second Public Hearing for the City Council Meeting of April 30, 2019 DATE: April 17, 2019 TO: Keith Selman, Interim City Manager FROM: Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361) 826-7011 La Quinta Corridor Annexation Public Hearing CAPTION: Public hearing on a proposed annexation of up to 1,500 acres of land generally located along the north side of Corpus Christi Bay within San Patricio County. This annexation includes parcels of land located between the Cities of Portland and Gregory from US Highway 181 to Farm -to -Market 2986; and parcels of land located south of State Highway 35, east of US Highway 181, and west of La Quinta Road. PURPOSE: The purpose of this item is to hold public hearings as part of the annexation process for the La Quinta Corridor. BACKGROUND AND FINDINGS: The proposed annexation area includes up to 1,500 acres, including Port of Corpus Christi property, that will connect to the future location of the estimated $7.5 billion ExxonMobil/SABIC plastics manufacturing facility. The area is approximately 78% industrial land and 22% agricultural land. On March 19, 2019, the City Council approved a resolution that directed the City Manager to move forward with the annexation process, which includes two public hearings, the creation of a Municipal Service Plan, and the consideration of an emergency ordinance on May 21, 2019, to approve the annexation. Chapter 212 agreements that would allow agricultural properties to be excluded from this annexation have been offered to all agricultural land owners, and staff is coordinating with interested landowners. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed annexation is consistent with City policy. Plan CC's Vision Statements identifies that "Our broadly diversified economy provides opportunity for all." EMERGENCY / NON -EMERGENCY: No action is required on the public hearings. DEPARTMENTAL CLEARANCES: Legal City Manager's Office Utilities Streets Parks and Recreation Police Fire Solid Waste FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not Applicable Fiscal Year: 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: No action is required on the public hearings; therefore, no recommendation is offered at this time. LIST OF SUPPORTING DOCUMENTS: Annexation Area Service Plan Presentation MUNICIPAL SERVICE PLAN FOR THE LA QUINTA CORRIDOR Introduction This Service Plan ("Plan") is made by the City of Corpus Christi, Texas ("City") pursuant to Section 43.056 of the Texas Local Government Code. This Plan relates to the area annexed ("annexed area") within the area depicted in the attached map ("annexation area") identified in Exhibit A. In accordance with Texas Local Government Code 43.056(b), this Plan provides for full municipal services in the annexed area no later than 2.5 years after the effective date of the annexation, unless certain services cannot reasonably be provided within that period and the City proposes a schedule for providing those services, and this Plan includes a list of all services required by 43.056 to be provided under a service plan. This Plan shall be made available for public inspection and explained to the inhabitants of the area at the public hearings. This Plan shall be a contractual obligation to the owners and residents of land in the annexed area who have applied for benefits pursuant to this Plan and shall be enforceable exclusively via writ of mandamus requested in accordance with Texas Local Government 43.056(1). a. Services to be provided to the annexed area pursuant to Texas Local Government Code 43.056(b) on the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department 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: The City of Corpus Christi will provide solid waste services to single-family residential customers directly or indirectly through a third -party contract. Notwithstanding, in accordance with Texas Local Government Code §43.056(n), within the first two years following the date of annexation, the City will not prohibit the collection of solid waste in the annexed area by a privately -owned solid waste management service provider or offer solid waste management services in the annexed area unless a privately owned solid waste management service provider is unavailable. Commercial garbage collection service for non-residential and multi -family uses 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: Currently, there are no City -owned water or wastewater facilities in the annexation -area that are not within the service area of another water or wastewater facility. Upon construction of Corpus Christi owned water or wastewater facilities, the City will operate and maintain water and wastewater facilities in the annexed area. Corpus Christi allows other certificate of convenience and necessity ("CCN") holders to operate and maintain facilities in existing areas of the City and will allow this practice in the annexed area. (6) Operation and Maintenance of Roads and Streets, including Road and Street Lighting: The City will maintain public roads and 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 facilities have 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 in the annexation area. If the City acquires any publicly -owned facilities, buildings, or services within the annexed area, an appropriate City department will provide these services. 2 b. Services to be extended to annexed area pursuant to Texas Local Government Code 43.056(a) (1) Water Service: Existing Services: Currently, the City of Portland holds a water CCN for part of the annexation area. The City of Gregory may hold and/or have applied for a water CCN for part of the annexation area. Services to be Provided: The City of Portland will continue to provide water service in part of the annexed area. If provided currently, the City of Gregory will continue to provide water service in part of 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 City of Portland holds a wastewater CCN for part of the annexation area. The City of Gregory may hold and/or have applied for a wastewater CCN for part of the annexation area. Services to be Provided: The City of Portland will continue to provide wastewater service in part of the annexed area. If provided currently, the City of Gregory will continue to provide wastewater service in part of the annexed area. 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: Services to be Provided: Planning and zoning services will be provided by the City's Department of Development Services. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. Any extension of service described in this Plan may be held in abeyance until the landowner requesting services pursuant to this Plan makes application for services through the City's Department of Development Services. (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. 3 c. Capital improvement program pursuant to Texas Local Government Code 43.056(e) The City will initiate the construction of capital improvements necessary for providing municipal services for the annexed area as necessary. Landowners in the area are not required to fund capital improvements necessary to provide municipal services in a manner inconsistent with Texas Local Government Code Chapter 395 unless other -wise agreed to by the landowner. (1) Police Protection: No capital improvements are necessary at this time to provide police services. (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 Facilities: No capital improvements are necessary at this time to provide water services. Upon application, the City will provide water services to the area on the same basis as services provided by the City within its full purpose boundaries. The City has not identified any parts of the annexation area currently requiring capital improvements for water services. Upon identification of capital improvements necessary to provide water service, the City will provide minimum capital improvements necessary to provide adequate service pursuant to Texas Local Government Code §43.056(e) in a continuous process and as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. (6) Wastewater Facilities: No capital improvements are necessary at this time to provide wastewater services. 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. (7) Roads and Streets: No road or street related capital improvements are necessary at this time. In general, the City will acquire control of all public roads and public streets within the annexed 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) Road and Street Lighting: No capital improvements are necessary at this time to provide services. Lighting in new and existing subdivisions will be 4 installed and maintained in accordance with the applicable standard policies and procedures. (9) Parks, Playgrounds and Swimming Pools. No capital improvements are necessary at this time to provide services. (10) Other Publicly Owned Facilities, Building or Services: In general, other City functions and services, and the additional services described above can be provided for the annexed area by using existing capital improvements. Additional capital improvements are not necessary to provide City services. (11) Capital Improvements Planning: The annexed area will be included with other territory in connection with the planning for new or expanded facilities, 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 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 annexed 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 5 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 annexed area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexed area of the level described in this Plan as soon as reasonably possible. Force Majeure shall 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 The City will provide "full municipal services" in the annexed area in the manner and time required by Texas Local Government Code 43.056. 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 area, 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. i. Remedy A person residing or owning land in an annexed area may enforce a service plan by applying for a writ of mandamus not later than the second anniversary of the date the person knew or should have known that the municipality was not complying with the service plan. It is presumed that a resident or landowner in the annexation area is provided full municipal service in the absence of a written request identifying the service not provided to the resident or landowner per the service plan. Written notice to be delivered or sent to the City Manager. 6 r J Annexation Area F-1 City Limits L ; ETJ City of Corpus Christi Print Date: 3!19/2019 w e 0 1,450 2,900 5,800 Feet La Quinta Corridor Annexation Second Public Hearing Council Presentation April 30, 2019 Annexation Milestones /3/19/2019 City Council Resolution / 3/22/2019 Notice Mailed to Property Owners, Service Providers and Rail Roads /4/23/2019 15t Public Hearing 4/30/2019 2nd Public Hearing 5/21/2019 Emergency Reading (Annexation Complete) Overview of Annexation Area 136 35 893 0 a/ m _--..--...--..----'-'----'l -- 74 Portland 361 A� x •a Corpus Christi 1 Ingleside Ingleside on!he Bay r' ri - Aransas Pass r 1 I'• Annexation Tract Annexation Area Profile O 1,310 acres O 78 % Industrial O 22% Agricultural/Vacant Land O No Dwellings 0 Four Landowners Municipal Service Plan Services to the annexation area shall be provided in accordance with the Municipal Services Plan and comparable to the level of service provided to other parts of the city with similar topography, land use, and population density. Next Steps 5/21/2019 Emergency Reading (Annexation Complete) AGENDA MEMORANDUM First Public Hearing for the City Council Meeting of April 30, 2019, 1:00 PM Second Public Hearing for the City Council Meeting of April 30, 2019, 3:00 PM DATE: April 23, 2019 TO: Keith Selman, Interim City Manager FROM: Daniel McGinn, AICP, Director of Planning & Environmental DanielMc@cctexas.com (361) 826-7011 Public Hearing for annexation of up to 5,700 acres along the north side of Corpus Christi Bay CAPTION: Public hearing on a proposed annexation of up to 5,700 acres of land generally located along the north side of Corpus Christi Bay within San Patricio County between the Cities of Gregory and Ingleside. This annexation includes parcels of land located between State Highway 35 and Corpus Christi Bay; and between La Quinta Road and County Road 93 and the western bounds of the City of Ingleside's extraterritorial jurisdiction. PURPOSE: The purpose of this item is to hold public hearings as part of the annexation process for the area north of Corpus Christi Bay generally located between the Cities of Gregory and Ingleside. BACKGROUND AND FINDINGS: The proposed annexation area includes up to 5,700 acres, including property owned by TPCO America Corporation, Chemours Company, Occidental Chemical Corporation, Cheniere Land Holdings LLC, and other privately -owned parcels. On March 26, 2019, the City Council approved a resolution that directed the City Manager to move forward with the annexation process, which includes two public hearings, the creation of a Municipal Service Plan, and the consideration of an emergency ordinance on May 21, 2019, to approve the annexation. Chapter 212 agreements that would allow agricultural properties to be excluded from this annexation have been offered to all agricultural land owners. In some areas, the City may also consider creating an Industrial District and using Industrial District Agreements in lieu of annexation. City staff is currently working with industrial and agricultural property owners that have contacted the City with interest in special agreements. ALTERNATIVES: None as no action is required on the public hearings. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed annexation is consistent with City policy and Plan CC Comprehensive Plan as follows: • Plan CC's Vision Statements identifies that "Our broadly diversified economy provides opportunity for all." • Plan CC's Future Land Use Plan indicates this area for industrial development. • Plan CC Element 7, Goal 6 states "Annexation plans provide for orderly growth and industrial agreements in the ETJ." • Plan CC Element 7, Goal 6, Strategy 6 states, "Support the evaluation of the use of industrial district agreements in lieu of annexation for industrial area of the city and ETJ." EMERGENCY / NON -EMERGENCY: No action is required on the public hearings. DEPARTMENTAL CLEARANCES: Legal Parks and Recreation City Manager's Office Police Utilities Fire Streets Solid Waste FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not Applicable Fiscal Year: 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: No action is required on the public hearings; therefore, no recommendation is offered at this time. LIST OF SUPPORTING DOCUMENTS: Annexation Area Service Plan Presentation MUNICIPAL SERVICE PLAN FOR NORTH OF CORPUS CHRISTI BAY Introduction This Service Plan ("Plan") is made by the City of Corpus Christi, Texas ("City") pursuant to Section 43.056 of the Texas Local Government Code. This Plan relates to the area annexed ("annexed area") within the area depicted in the attached map ("annexation area"). In accordance with Tex. Local Gov't Code 43.056(b), this service plan provides for full municipal services in the annexed area no later than 2.5 years after the effective date of the annexation, unless certain services cannot reasonably be provided within that period and the City proposes a schedule for providing those services, and this plan includes a list of all services required by 43.056 to be provided under a service plan. This Plan shall be made available for public inspection and explained to the inhabitants of the area at the public hearings. This Plan shall be a contractual obligation to the owners and residents of land in the annexed area who have applied for benefits pursuant to this Plan and shall be enforceable exclusively via writ of mandamus requested in accordance with Tex. Local Gov't Code 43.056(1). a. Services to be provided to the annexed area pursuant to Texas Local Government Code 43.056(b) on the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department 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: The City of Corpus Christi will provide solid waste services to single-family residential customers directly or indirectly through a third -party contract. Notwithstanding, in accordance with Texas Local Government Code §43.056(n), within the first two years following the date of annexation, the City will not prohibit the collection of solid waste in the annexed area by a privately -owned solid waste management service provider or offer solid waste management services in the annexed area unless a privately owned solid waste management service provider is unavailable. Commercial garbage collection service for businesses and multi -family residences is available on a subscription basis from private service providers. 1 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: Currently, there are no City -owned water or wastewater facilities in the annexation area that are not within the service area of another water or wastewater facility. Upon construction of Corpus Christi owned water or wastewater facilities, the City will operate and maintain water and wastewater facilities in the annexed area. Corpus Christi allows other certificate of convenience and necessity ("CCN") holders to operate and maintain facilities in existing areas of the City and will allow this practice in the annexed area. (6) Operation and Maintenance of Roads and Streets, including Road and Street Lighting: The City will maintain public roads and 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 facilities have 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 in the annexation area. If the City acquires any publicly -owned facilities, buildings, or services within the annexed area, an appropriate City department will provide these services. 2 b. Services to be extended to annexed area pursuant to Texas Local Government Code 43.056(a) (1) Water Service: Existing Services: Currently, The San Patricio Municipal Water District provides water to industrial customers in part of the annexation area. The Rincon Water Supply Corporation may hold and/or have applied for a water CCN for part of the annexation area. The City of Gregory may hold and/or have applied for a water CCN for part of the annexation area. Services to be Provided: The San Patricio Municipal Water District will continue to provide water service to industrial customers in the annexed area. The City will not interfere with the San Patricio Municipal Water District contracts to provide water in the annexed area. The City will not interfere with the with the San Patricio Municipal Water District's right to contract for water service. If provided currently, the Rincon Water Supply Corporation will continue to provide water service in part of the annexed area. If provided currently, the City of Gregory will continue to provide water service in part of 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: The City of Gregory may hold and/or have applied for a wastewater CCN for part of the annexation area. Services to be Provided: If provided currently, the City of Gregory will continue to provide water service in part of the annexed area. 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: Services to be Provided: Planning and zoning services will be provided by the City's Department of Development Services. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. Any extension of service described in this Plan may be held in abeyance until the landowner requesting services pursuant to this Plan makes application for services through the City's Department of Development Services. 3 (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(e) The City will initiate acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the area. The construction of the facili- ties shall be accomplished in a continuous process and shall be completed no later than 2.5 years after the effective date of the annexation, consistent with generally accepted local engineering and architectural standards and practices. Notwithstanding, the con- struction of capital improvements may be interrupted for any reason by circumstances beyond the direct control of the City. The Plan may be amended to extend the period for construction if the construction is proceeding with all deliberate speed. For services that cannot be reasonably provided within 2.5 years after the effective date of the annexa- tion, the City will provide a schedule to provide such services within 4.5 years after the effective date of the annexation. Landowners in the area are not required to fund capi- tal improvements necessary to provide municipal services in a manner inconsistent with Texas Local Government Code Chapter 395 unless otherwise agreed to by the land- owner. (1) Police Protection: No capital improvements are necessary at this time to provide police services. (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 Facilities: Upon application, the City will provide water services to the area on the same basis as services provided by the City within its full - purpose boundaries. To the extent the Corpus Christi Code of Ordinances, Corpus Christi Unified Development Code and Corpus Christi Water Distribution Standards are not inconsistent with Texas Local Government Code Chapter 395, water services to any new development and subdivisions will be provided according to the Corpus Christi Code of Ordinances, Corpus Christi Unified Development Code and the Corpus Christi Water Department standards, which may require the developer of a new subdivision or site to install water lines. 4 (6) Wastewater Facilities: No capital improvements are necessary at this time to provide wastewater services. 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. (7) Roads and Streets: No road or street related capital improvements are necessary at this time. In general, the City will acquire control of all public roads and public streets within the annexed 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) Road and Street Lighting: No capital improvements are necessary at this time to provide services. Lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. (9) Parks, Playgrounds and Swimming Pools. No capital improvements are necessary at this time to provide services. (10) Other Publicly Owned Facilities, Building or Services: Additional 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 City services. (11) Capital Improvements Planning: The annexed area will be included with other territory in connection with the planning for new or expanded facilities, 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 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 5 with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed 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 annexed area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexed area of the level described in this Plan as soon as reasonably possible. Force Majeure shall 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 The City will provide "full municipal services" in the annexed area in the manner and time required by Texas Local Government Code 43.056. 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 area, 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 i. Remedy A person residing or owning land in an annexed area may enforce a service plan by applying for a writ of mandamus not later than the second anniversary of the date the person knew or should have known that the municipality was not complying with the service plan. It is presumed that a resident or landowner in the annexation area is provided full municipal service in the absence of a written request identifying the service not provided to the resident or landowner per the service plan. Written notice to be delivered or sent to the City Manager. Exhibit A Corpus Christi Bay rje, Corpus Christi Jurisdiction Note: This area is believed to al ready be within Corpus Christi City Limits, however it is included in this annexation area to remove any ambiguity .1Annexation Area Parcel Lines I= City Limits City of Corpus Christi 0 Print Date: 3/21/2019 2.500 5,000 w E 10,000 Feet Annexation on the North Side of Corpus Christi Bay First Public Hearing Council Presentation April 30, 2019 Annexation Milestones 3/19/2019 3/22/2019 4/30/2019 5/21/2019 City Council Resolution to Initiate Process Notice Mailed to Property Owners, Service Providers and Rail Roads 1St & 2nd Public Hearings Emergency Reading (Annexation Complete) Overview of Annexation Area 35 `aJ Corpus Christi Portland Gregory Corpus Christi say Corpus Christi Ship Channel 7.1 a Ingleside 0 on the Bay Ingleside 35 Aransas Pass Esn. Gamin. GEBCO. NOAA NGDC. and other contributors 3 Annexation Tract J: Corpus Chretl Jurisdiction Noe' This area is believad to already be within Corpus Christ Chy Limas. however I[ is included In this annexation area to remove any ambiguity 4 Annexation Area Profile 0 5,400 acres O 54% Industrial O 38% Agricultural 0 8% Right of Way 0 One Dwelling O 21 Landowners Municipal Service Plan Services to the annexation area shall be provided in accordance with the Municipal Services Plan and comparable to the level of service provided to other parts of the city with similar topography, land use, and population density. Next Steps 4/30/2019 2nd Public Hearing (No Action) 5/21/2019 Emergency Reading (Annexation Complete) AGENDA MEMORANDUM First Public Hearing for the City Council Meeting of April 30, 2019, 1:00 PM Second Public Hearing for the City Council Meeting of April 30, 2019, 3:00 PM DATE: April 23, 2019 TO: Keith Selman, Interim City Manager FROM: Daniel McGinn, AICP, Director of Planning & Environmental DanielMc@cctexas.com (361) 826-7011 Public Hearing for annexation of up to 5,700 acres along the north side of Corpus Christi Bay CAPTION: Public hearing on a proposed annexation of up to 5,700 acres of land generally located along the north side of Corpus Christi Bay within San Patricio County between the Cities of Gregory and Ingleside. This annexation includes parcels of land located between State Highway 35 and Corpus Christi Bay; and between La Quinta Road and County Road 93 and the western bounds of the City of Ingleside's extraterritorial jurisdiction. PURPOSE: The purpose of this item is to hold public hearings as part of the annexation process for the area north of Corpus Christi Bay generally located between the Cities of Gregory and Ingleside. BACKGROUND AND FINDINGS: The proposed annexation area includes up to 5,700 acres, including property owned by TPCO America Corporation, Chemours Company, Occidental Chemical Corporation, Cheniere Land Holdings LLC, and other privately -owned parcels. On March 26, 2019, the City Council approved a resolution that directed the City Manager to move forward with the annexation process, which includes two public hearings, the creation of a Municipal Service Plan, and the consideration of an emergency ordinance on May 21, 2019, to approve the annexation. Chapter 212 agreements that would allow agricultural properties to be excluded from this annexation have been offered to all agricultural land owners. In some areas, the City may also consider creating an Industrial District and using Industrial District Agreements in lieu of annexation. City staff is currently working with industrial and agricultural property owners that have contacted the City with interest in special agreements. ALTERNATIVES: None as no action is required on the public hearings. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed annexation is consistent with City policy and Plan CC Comprehensive Plan as follows: • Plan CC's Vision Statements identifies that "Our broadly diversified economy provides opportunity for all." • Plan CC's Future Land Use Plan indicates this area for industrial development. • Plan CC Element 7, Goal 6 states "Annexation plans provide for orderly growth and industrial agreements in the ETJ." • Plan CC Element 7, Goal 6, Strategy 6 states, "Support the evaluation of the use of industrial district agreements in lieu of annexation for industrial area of the city and ETJ." EMERGENCY / NON -EMERGENCY: No action is required on the public hearings. DEPARTMENTAL CLEARANCES: Legal Parks and Recreation City Manager's Office Police Utilities Fire Streets Solid Waste FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not Applicable Fiscal Year: 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: No action is required on the public hearings; therefore, no recommendation is offered at this time. LIST OF SUPPORTING DOCUMENTS: Annexation Area Service Plan Presentation MUNICIPAL SERVICE PLAN FOR NORTH OF CORPUS CHRISTI BAY Introduction This Service Plan ("Plan") is made by the City of Corpus Christi, Texas ("City") pursuant to Section 43.056 of the Texas Local Government Code. This Plan relates to the area annexed ("annexed area") within the area depicted in the attached map ("annexation area"). In accordance with Tex. Local Gov't Code 43.056(b), this service plan provides for full municipal services in the annexed area no later than 2.5 years after the effective date of the annexation, unless certain services cannot reasonably be provided within that period and the City proposes a schedule for providing those services, and this plan includes a list of all services required by 43.056 to be provided under a service plan. This Plan shall be made available for public inspection and explained to the inhabitants of the area at the public hearings. This Plan shall be a contractual obligation to the owners and residents of land in the annexed area who have applied for benefits pursuant to this Plan and shall be enforceable exclusively via writ of mandamus requested in accordance with Tex. Local Gov't Code 43.056(1). a. Services to be provided to the annexed area pursuant to Texas Local Government Code 43.056(b) on the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department 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: The City of Corpus Christi will provide solid waste services to single-family residential customers directly or indirectly through a third -party contract. Notwithstanding, in accordance with Texas Local Government Code §43.056(n), within the first two years following the date of annexation, the City will not prohibit the collection of solid waste in the annexed area by a privately -owned solid waste management service provider or offer solid waste management services in the annexed area unless a privately owned solid waste management service provider is unavailable. Commercial garbage collection service for businesses and multi -family residences is available on a subscription basis from private service providers. 1 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: Currently, there are no City -owned water or wastewater facilities in the annexation area that are not within the service area of another water or wastewater facility. Upon construction of Corpus Christi owned water or wastewater facilities, the City will operate and maintain water and wastewater facilities in the annexed area. Corpus Christi allows other certificate of convenience and necessity ("CCN") holders to operate and maintain facilities in existing areas of the City and will allow this practice in the annexed area. (6) Operation and Maintenance of Roads and Streets, including Road and Street Lighting: The City will maintain public roads and 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 facilities have 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 in the annexation area. If the City acquires any publicly -owned facilities, buildings, or services within the annexed area, an appropriate City department will provide these services. 2 b. Services to be extended to annexed area pursuant to Texas Local Government Code 43.056(a) (1) Water Service: Existing Services: Currently, The San Patricio Municipal Water District provides water to industrial customers in part of the annexation area. The Rincon Water Supply Corporation may hold and/or have applied for a water CCN for part of the annexation area. The City of Gregory may hold and/or have applied for a water CCN for part of the annexation area. Services to be Provided: The San Patricio Municipal Water District will continue to provide water service to industrial customers in the annexed area. The City will not interfere with the San Patricio Municipal Water District contracts to provide water in the annexed area. The City will not interfere with the with the San Patricio Municipal Water District's right to contract for water service. If provided currently, the Rincon Water Supply Corporation will continue to provide water service in part of the annexed area. If provided currently, the City of Gregory will continue to provide water service in part of 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: The City of Gregory may hold and/or have applied for a wastewater CCN for part of the annexation area. Services to be Provided: If provided currently, the City of Gregory will continue to provide water service in part of the annexed area. 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: Services to be Provided: Planning and zoning services will be provided by the City's Department of Development Services. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. Any extension of service described in this Plan may be held in abeyance until the landowner requesting services pursuant to this Plan makes application for services through the City's Department of Development Services. 3 (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(e) The City will initiate acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the area. The construction of the facili- ties shall be accomplished in a continuous process and shall be completed no later than 2.5 years after the effective date of the annexation, consistent with generally accepted local engineering and architectural standards and practices. Notwithstanding, the con- struction of capital improvements may be interrupted for any reason by circumstances beyond the direct control of the City. The Plan may be amended to extend the period for construction if the construction is proceeding with all deliberate speed. For services that cannot be reasonably provided within 2.5 years after the effective date of the annexa- tion, the City will provide a schedule to provide such services within 4.5 years after the effective date of the annexation. Landowners in the area are not required to fund capi- tal improvements necessary to provide municipal services in a manner inconsistent with Texas Local Government Code Chapter 395 unless otherwise agreed to by the land- owner. (1) Police Protection: No capital improvements are necessary at this time to provide police services. (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 Facilities: Upon application, the City will provide water services to the area on the same basis as services provided by the City within its full - purpose boundaries. To the extent the Corpus Christi Code of Ordinances, Corpus Christi Unified Development Code and Corpus Christi Water Distribution Standards are not inconsistent with Texas Local Government Code Chapter 395, water services to any new development and subdivisions will be provided according to the Corpus Christi Code of Ordinances, Corpus Christi Unified Development Code and the Corpus Christi Water Department standards, which may require the developer of a new subdivision or site to install water lines. 4 (6) Wastewater Facilities: No capital improvements are necessary at this time to provide wastewater services. 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. (7) Roads and Streets: No road or street related capital improvements are necessary at this time. In general, the City will acquire control of all public roads and public streets within the annexed 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) Road and Street Lighting: No capital improvements are necessary at this time to provide services. Lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. (9) Parks, Playgrounds and Swimming Pools. No capital improvements are necessary at this time to provide services. (10) Other Publicly Owned Facilities, Building or Services: Additional 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 City services. (11) Capital Improvements Planning: The annexed area will be included with other territory in connection with the planning for new or expanded facilities, 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 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 5 with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed 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 annexed area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexed area of the level described in this Plan as soon as reasonably possible. Force Majeure shall 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 The City will provide "full municipal services" in the annexed area in the manner and time required by Texas Local Government Code 43.056. 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 area, 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 i. Remedy A person residing or owning land in an annexed area may enforce a service plan by applying for a writ of mandamus not later than the second anniversary of the date the person knew or should have known that the municipality was not complying with the service plan. It is presumed that a resident or landowner in the annexation area is provided full municipal service in the absence of a written request identifying the service not provided to the resident or landowner per the service plan. Written notice to be delivered or sent to the City Manager. Exhibit A Corpus Christi Bay rje, Corpus Christi Jurisdiction Note: This area is believed to al ready be within Corpus Christi City Limits, however it is included in this annexation area to remove any ambiguity .1Annexation Area Parcel Lines I= City Limits City of Corpus Christi 0 Print Date: 3/21/2019 2.500 5,000 w E 10,000 Feet Annexation on the North Side of Corpus Christi Bay Second Public Hearing Council Presentation April 30, 2019 Annexation Milestones 3/19/2019 3/22/2019 4/30/2019 5/21/2019 City Council Resolution to Initiate Process Notice Mailed to Property Owners, Service Providers and Rail Roads 1St & 2nd Public Hearings Emergency Reading (Annexation Complete) Overview of Annexation Area 35 `aJ Corpus Christi Portland Gregory Corpus Christi say Corpus Christi Ship Channel 7.1 a Ingleside 0 on the Bay Ingleside 35 Aransas Pass Esn. Gamin. GEBCO. NOAA NGDC. and other contributors 3 Annexation Tract J: Corpus Chretl Jurisdiction Noe' This area is believad to already be within Corpus Christ Chy Limas. however I[ is included In this annexation area to remove any ambiguity 4 Annexation Area Profile 0 5,400 acres O 54% Industrial O 38% Agricultural 0 8% Right of Way 0 One Dwelling O 21 Landowners Municipal Service Plan Services to the annexation area shall be provided in accordance with the Municipal Services Plan and comparable to the level of service provided to other parts of the city with similar topography, land use, and population density. Next Steps 5/21/2019 Emergency Reading (Annexation Complete) AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 30. 2019 Second Reading Ordinance for the City Council Meeting of May 14, 2019 DATE: March 22, 2019 TO: Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Alley Closure between Gulfbreeze Boulevard and Surfside Boulevard CAPTION: Ordinance closing, abandoning and vacating of a section of the 20 -foot -wide alley adjoining lots 1 and 3, Block 27, Corpus Beach North Addition and Lot 2R, Block 27, Brooklyn Addition, requiring petitioners, Carrie Robertson Meyer and 246Brooklyn, LLC., to comply with specified conditions. PURPOSE: The purpose of this ordinance is to close, vacate, and abandon the 20 -foot wide alley adjoining lots 1 and 3, Block 27, Corpus Beach North Addition according to map and/or plat thereof recorded in Volume 2 Pages 16, Map Records of Nueces County, Texas and Lot 2R, Block 27, Brooklyn Addition according to map and/or plat thereof recorded in Volume 68 Pages 419, Map Records of Nueces County, Texas requiring the owners, Carrie Robertson Meyer and 246Brooklyn, LLC., to comply with the specified conditions. BACKGROUND AND FINDINGS: Carrie Robertson Meyer, is requesting the closure, vacation, and abandonment of a 2,000 - square feet area of an unimproved alley, which is a 20 -foot -wide by 100 -foot long section of the alley adjoining lots 1 and 3, Block 27, Corpus Beach North Addition, a map of which is recorded in Volume 2, Page 16, Deed and Map Records of Nueces County, Texas and Lot 2R, Block 27, Brooklyn Addition, Deed and Map Records of Nueces County, Texas, located between Gulfbreeze Boulevard and Surfside Boulevard. The abandonment and vacation of the unimproved alley is being requested by this property owner to decrease the vagrancy and foot traffic near her home. If closed one half of the Alley would be owned by Carrie Robertson Meyer and the other half by 246Brooklyn, LLC. Carrie Robertson Meyers supplied a letter from the abutting property owner (246Brooklyn, LLC.) stating they have no objections to the closing of the alley and have no interest in obtaining the additional property associated with the alley closure. The applicant will work with the 246Brooklyn, LLC (abutting owner) to obtain legal ownership of the other half of the alley. ALTERNATIVES: Deny the request to close the alley. OTHER CONSIDERATIONS: If the alley closure request is denied than the alley will remain open to foot traffic and the issue of vagrancy will continue to plague the applicant. CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-12(c). Public notice for the proposed street and alley closure was placed with the U.S. Postal Service on April 10, 2019 and published in the Caller Times on April 15, 2019. The notices were sent out to 24 property owners within 450 feet in proximity from the proposed alley closure EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted and the only utility in the alley is a gas line. The Gas Department is requesting a 20' utility easement to be maintained on the property. None of the other city departments or franchised utility companies stated any objections to the proposed alley closure. FINANCIAL IMPACT: ❑ Oaeratin ❑ Revenue ❑ Caaital X Not Aaalicable 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: Per City Code 49-12 no payment associated with closure of an unimproved alley right of way. RECOMMENDATION: Staff recommends approval of the closure of the unimproved alley. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibit PowerPoint Presentation Ordinance closing, abandoning and vacating of a section of the 20 -foot -wide alley adjoining lots 1 and 3, Block 27, Corpus Beach North Addition and Lot 2R, Block 27, Brooklyn Addition, requiring petitioners, Carrie Robertson Meyer and 246Brooklyn, LLC., to comply with specified conditions. WHEREAS, Carrie Robertson Meyer (Owner) is requesting the closure, abandonment and vacation of the alley according to map and/or plat thereof recorded as Corpus Beach North Addition, Volume 2, Pages 16, Map Records of Nueces County, Texas, located between Gulfbreeze Boulevard and Surfside Boulevard; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, April 30, 2019, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close, abandon and vacate a 20 -foot -wide alley adjoining lots 1 and 3, Block 27, Corpus Beach North Addition according to map and/or plat thereof recorded in Volume 2, Pages 16, and Lot 2R, Block 27 Brooklyn Addition, according to map and/or plat thereof recorded in Volume 68, Page 419, Map Records of Nueces County, Texas, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Carrie Robertson Meyer. (Owner), the 20 -foot - wide alley adjoining lots 1 and 3, Block 27, Corpus Beach North Addition, according to map and/or plat thereof recorded in Volume 2, Pages 16, and Lot 2R, Block 27 Brooklyn Addition, according to map and/or plat thereof recorded in Volume 68, Page 419, Map Records of Nueces County, Texas, is closed, abandoned, and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal description, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The closing, abandonment and vacation of a section of the unimproved alley described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of public street right-of-way closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. Failure to record as required by this Ordinance within 180 calendar days will hereby make this Ordinance null and void. b. A 20' Utility Easement around the existing gas line is retained in favor of the City. c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel 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 Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor LEGEND OO FOUND 5/8" IRON ROD 0 FOUND 1" IRON PIPE SET 5/8" IRON ROD WITH CAP STAMPED "FRONTIER 10082900" O GRID NORTH N UTILITY POLE 246BROOKLYN, LLC DOC. NO. 2014042685 O.P.R.N.C.T. LOT 2R, BLOCK 27 BROOKLYN ADDITION 0 VOL. 68, PG. 419 o• M.R.N.C.T. O o• PD o• S8 2• 00 sr, LOT 1 EXHIBIT "B" POINT OF BEGINNING Y = 17,191,934.27' X = 1,345,136.43' LOT 5 S 58°21'24" E 20.00' LOT 3 LOT 7 BLOCK 27 CORPUS BEACH NORTH ADDITION VOL. 2, PG. 16 M.R.N.C.T. Sscsi272 g"" 7'90 n J �\o�� 40/1/ O N T S / RFFx.„q SUBJECT PROPERTY �k'Nct- 4/y,YF`SS %R�yq OJv � CORPUS CHRISTI BAY VICINITY MAP (1" = 1000') DAVID MAURER, RUFUS W. MILLER AND HERBERT E. AIKEN DOC. NO. 2013020100 O.P.R.N.C.T. CARRIE ROBERTSON DOC. NO. 2008028691 O.P.R.N.C.T. CARRIE ROBERTSON DOC. NO. 2004059975 O.P.R.N.C.T. 3" NOTES Coordinates and bearings are based on NAD83 (2011), Texas South Zone. All distances are U.S. Survey Feet (grid). The undersigned hereby certifies that an on the ground survey was conducted under my direction and supervision that meets the minimum requirements set forth by the Texas Board of Professional Land Surveying. 15 H I--1 I t 30 60 SCALE: 1" = 30' FRNTIER SURVEYING COMPANY WWW.FRONTIERSURVEYING.COM 710 BUFFALO ST., SUITE 700 CORPUS CHRISTI, TEXAS 78401 TBPLS FIRM NO. 10082900 PHONE: (361) 881 - 8044 Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 BOUNDARY SURVEY 0.05 ACRES (2,000 SQUARE FEET) Being a 0.05 acre tract land situated in the Enriquez Villareal Survey, Abstract No. 1, Nueces County, Texas, being a portion of a 20 -foot wide alley within Block 27, of Brooklyn Addition, as recorded in Volume 68, Page 419, of the Map Records of Nueces County, Texas, and a portion of a 20 -foot wide alley within Block 27, of Corpus Beach North Addition, as recorded in Volume 2, Page 16, said Map Records Job Number: 1902018 Scale: 1"=30' Field Date: 2/28/2019 Checked by: AWK Field Tech(s): CW Office Tech(s): CMB Drawing Date: 3/1/2019 Revision: G:\Projects\2019\1902018 - Carrie Robertson - 4401 Gulf Breeze - Nueces\DWG\1902018 Survey.dwg State of Texas Job Number: 1902018 County of Nueces Date: 3/1/2019 Exhibit "A" 0.05 Acres (2,000 Square Feet) Metes and Bounds Description BEING a 0.05 acre tract land situated in the Enriquez Villareal Survey, Abstract No. 1, Nueces County, Texas, being a portion of a 20 -foot wide alley within Block 27, of Brooklyn Addition, as recorded in Volume 68, Page 419, of the Map Records of Nueces County, Texas, and a portion of a 20 -foot wide alley within Block 27, of Corpus Beach North Addition, as recorded in Volume 2, Page 16, said Map Records, and being more particularly described by metes and bounds as follows: BEGINNING at a 1 -inch iron pipe found (Y = 17,191,934.27', X = 1,345,136.43') marking the west corner of Lot 1, said Block 27, being on the northeast line of Hayes Street (a 60 -foot wide right-of-way); THENCE North 58°21'24" West, along said northeast line, a distance of 20.00 feet to a 1 -inch iron pipe found marking the south corner of Lot 2R, said Block 27; THENCE North 31°37'43" East, along the southeast line of said Lot 2R, a distance of 100.00 feet to a 5/8 -inch iron rod set with cap stamped "FRONTIER 10082900"; THENCE South 58°21'24" East, a distance of 20.00 feet to a 1 -inch iron pipe found marking the north corner of Lot 3, said Block 27; THENCE South 31°37'43" West, along the northwest lines of said Lots 1 and 3, a distance of 100.00 feet to the POINT OF BEGINNING and containing 0.05 acres (2,000 square feet) of land. Coordinates and bearings are based on NAD83 (2011), Texas South Zone. All distances are U.S. Survey Feet (grid). Prepared By: Frontier Surveying Company 710 Buffalo Street, Suite 700 Corpus Christi, TX 78401 Texas Firm Registration No. 10082900 Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 G:\Projects\2019\1902018 - Carrie Robertson - 4401 Gulf Breeze - Nueces\DOCUMENTS\0.05 Acre Description.docx Alley Closure between Gulfbreeze Blvd and Surfside Blvd City Council Presentation April 30, 2019 Vicinity Map Owner: 246Brooklyn, LLC ¢, a*Ati* At N U Su. Laker. AOwner: Carrie Robertson Meyer PAs: rr Texou Stott AGuoruni Hurcarr: Allcy YValr.ruF k Q Corpus Christi 4401 Gulfbreeze Boulevard Aerial Overview Proposed Alley Closure 4401 Gulfhreeze A8ouuievard Applicant's Property 1 Existing Alley Travel Inn Applicant's Property. Owner of Adjoining Property Staif Recommendation Approval AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 23, 2019 Second Reading Ordinance for City Council Meeting of April 30, 2019 DATE: April 4, 2019 TO: Keith Selman, Interim City Manager FROM: Jermel Stevenson, Director, Parks and Recreation Department JermelS@cctexas.com 361-826-3460 License Agreement with Nueces County for Youth Sports Programs at LyondellBasell Park CAPTION: Ordinance authorizing License Agreements with Nueces County for South Texas Elite Youth Football League, Arlington Heights Christian School and South Texas Futbol Club use of LyondellBasell Park on Haven Drive for youth sports programs, with two-year terms, with option to extend for up to two additional years. PURPOSE: To approve the license agreement with Nueces County for South Texas Elite Youth Football League, Arlington Heights Christian School and South Texas Futbol Club use of LyondellBasell Park on Haven Drive. BACKGROUND AND FINDINGS: Oxy Petrochemicals Inc. donated property that included 31 acres to the City of Corpus Christi and Nueces County as tenants in common on April 28, 1997. Once known as Oxy Chem Park this property is now known as LyondellBassell/Equistar Park and is located near the intersection of McKinzie Road and Haven Drive. The deed requires that this property be used as a youth sports facility. The Nueces County Parks Department (NCPD) is enhancing the Park and the adjacent property to improve the recreation and athletic facilities available to residents in Northwest Corpus Christi. The NCPD maintains the parks and manages all youth sports league leases on behalf of both entities. ALTERNATIVES: Not approve OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must approve all leases of city property EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue Capital X Not applicable Fiscal Year: 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance License Agreements Ordinance authorizing License Agreements with Nueces County for South Texas Elite Youth Football League, Arlington Heights Christian School and South Texas Futbol Club use of LyondellBasell Park on Haven Drive for youth sports programs, with two year terms, with option to extend for up to two additional years. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or City Manager's designee, is authorized to execute a License Agreement with Nueces County for South Texas Elite Youth Football League and Arlington Heights Christian School use of LyondellBasell Park on Haven Drive for youth football program with a two-year term with option to extend for up to two additional years. A copy of the agreement is shall be filed in the Office of the City Secretary. Section 2. The City Manager, or City Manager's designee, is authorized to execute a License Agreement with Nueces County for South Texas Futbol Club for use of LyondellBasell Park on Haven Drive for youth soccer program with a two-year term with option to extend for up to two additional years. A copy of the agreement is shall be filed in the Office of the City Secretary That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor LICENSE AGREEMENT This license agreement (hereinafter referred to as "Agreement") is entered by and between Nueces County ("County"), acting through its duly authorized agent whose business address is 901 Leopard, Room 303, Corpus Christi, TX 78401 and City of Corpus Christi ("City"), a Texas Home Rule Municipal Corporation, acting through its duly authorized City Manager or designee whose business address is 1201 Leopard, Corpus Christi, TX 78401 (hereinafter City and County is referred to as "Licensor"), and South Texas Elite Youth Football League acting through its authorized agent, Chris Quitugua, whose business address is P.O. Box 260452, Corpus Christi, Texas 78426, Corpus Christi, Texas and Arlington Height Christian School acting through its authorized agent , whose business address is ("Licensee"). For and in consideration of the mutual covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: PURPOSE AND TERM Article 1. Licensor hereby grants to Licensee the privilege and license to use a specified area of Licensor co -owned property located at LyondellBasell Park, Haven Drive in Northwest Corpus Christi (the "Venue") located in Nueces County, Texas during the Term of this Agreement for the purpose of operation of a youth sports program, specifically football program and for no other purpose. Venue is identified by diagram (Attachment "A"). The "Term" of this Agreement shall be for a two (2) year term beginning on the date of the last signature execution herein with extensions of two (2) year increments unless this License Agreement is terminated as defined in Article 26. For an Extension, Licensee shall provide thirty (30) days written notice of its intent to extend the term prior to the expiration of the Term. Said notice is to be provided pursuant to Article 22. Licensee's "Times of Occupancy" of Venue during Term shall be limited as detailed herein. It is agreed that Licensee's occupancy of Venue shall be commensurate with the Term and any extension unless terminated as defined in Article 26. Licensor and Licensee shall use the Venue pursuant to Article 4. Licensor shall reserve the right to allow the public's use of Venue during Times of Occupancy when Licensee is not using the Venue pursuant to Article 4. CONTACT PERSON/ADMINISTRATOR OF LICENSE AGREEMENT Article 2. For this License Agreement, the contact person and License Administrator for the Licensor (County and City) is the Nueces County Director of Inland Parks or his designee ("Director"). Page 1 1 LICENSE FEE/CONSIDERATION Article 3. As consideration for the grant of the license herein and for the use of the Venue as identified herein Licensee agrees as follows. Licensee agrees to use the Venue for its youth sports program, specifically football and for no other purpose. Licensee agrees to maintain the Venue and any improvements in a year round basis in accordance with all maintenance rules prescribed by Licensor and any rules promulgated in the future, specifically set out in Article 13 of this Agreement. Failure to maintain the Venue and all improvements in accordance with these rules constitutes grounds for termination of this Agreement. JOINT USE Article 4. Licensor retains joint use of the Venue and improvements during the term of this Agreement, subject to Licensee's right to the Venue during its Times for Occupancy for youth sports program purposes. Licensee must not deny access to or use of the Venue to the general public for unorganized activities when the Venue is not being used by Licensee during Times of Occupancy. Licensor reserves the right to schedule organized activities at Venue. Requests for scheduled organized activities by other organizations or public use will be reviewed for approval or denial by the Director. Licensor shall provide Director with notice of all Licensee scheduled activities. REPRESENTATIONS, WARRANTIES & COVENANTS Article 5. Licensor hereby represents and warrants to Licensee that Licensor can enter into this Agreement and/or operates the Venue and has full power and authority to enter into this Agreement and to engage in the transaction contemplated hereby. Licensor agrees that this Agreement is a valid obligation of Licensor and is binding upon Licensor in accordance with the terms hereof. Licensee hereby represents and warrants to Licensor that it has full power and authority to enter into this Agreement and to engage in the transaction contemplated hereby. Licensee agrees that this Agreement is a valid obligation of Licensee and is binding upon Licensee in accordance with the terms hereof. Licensee shall keep the Venue in an orderly condition while in use. Page 1 2 COMPLIANCE WITH LAWS Article 6. During the Term, Licensee shall obey and comply with all laws, ordinances, and regulations of all federal, state, county, or municipal authorities and with all notices, reasonable requirements and reasonable recommendations of any insurance organizations, associations, or companies with respect to Venue. THE LICENSEE HEREBY AGREES TO INDEMNIFY LICENSOR FROM ALL LOSS OR DAMAGE WHATSOEVER, INCLUDING REASONABLE ATTORNEYS' FEES, FROM LICENSEE'S FAILURE TO ABIDE BY ANY SUCH LAW, ORDINANCES, NOTICES, REQUIREMENTS, ORDERS AND REGULATIONS OF ALL FEDERAL, STATE, LICENSOR, OR MUNICIPAL AUTHORITIES. INDEMNIFICATION Article 7. LICENSEE SHALL INDEMNIFY AND HOLD HARMLESS LICENSOR AND THEIR RESPECTIVE EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS OR LIABILITY OF ANY CHARACTER, TYPE OR DESCRIPTION WHETHER FIXED OR CONTINGENT, LIQUATED OR UNLIQUIDATED, ARISING IN TORT OR PURSUANT TO STATUTE, AND WHETHER ARISING UNDER COMMON LAW, OR UNDER ANY STATE, FEDERAL, OR LOCAL RULE OR REGULATIONS FOR ALL DAMAGES BOTH ACTUAL AND EXEMPLARY, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR ANY INJURY OR DEATH TO ANY PERSON OR PERSONS OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE ACTS, WHETHER NEGLIGENT OR INTENTIONAL OF LICENSEE OR ITS AGENTS OR EMPLOYEES UNDER THIS AGREEMENT, INCLUDING CLAIMS AND DAMAGES ARISING IN PART FROM THE NEGLIGENCE OF LICENSOR AND NUECES COUNTY, TEXAS AND THEIR RESPECTIVE EMPLOYEES. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY LICENSEE TO INDEMNIFY AND PROTECT LICENSOR AND THEIR RESPECTIVE EMPLOYEES FROM THE CONSEQUENCES OF LICENSOR'S AND THEIR RESPECTIVE EMPLOYEES' AND CONTRACTORS OWN NEGLIGENCE, PROVIDED, HOWEVER, THAT THE INDEMNITY AND DEFENSE PROVIDED HEREIN SHALL NOT EXTEND TO THE SOLE NEGLIGENCE OF WILLFUL MISCONDUCT OF LICENSOR, OR THEIR RESPECTIVE EMPLOYEES OR CONTRACTORS. Page 1 3 THE INDEMNIFICATION PROVISIONS CONTAINED THROUGHOUT THIS AGREEMENT SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. INSURANCE REQUIREMENTS Article 8. Licensee shall maintain and pay all premium costs and deductibles, if any, for the following insurance coverages in amounts not less than specified through the duration of the Term as required by Attachment "B" entitled "INSURANCE REQUIREMENTS". INTEGRATION CLAUSE Article 9. This contract supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter of this agreement, and contains all of the covenants and agreements between Licensor and Licensee with respect to the subject matter. Both Licensor and Licensee acknowledge that no representations, inducements, promises, or agreements, either orally or otherwise, have been made by any party, or anyone acting on behalf of any party that are not set forth in this Agreement, and that no agreement, statement, or promise not contained this Agreement shall be valid or binding. FORCE MAJEURE Article 10. The failure of any party hereto to comply with the terms and conditions hereof because of a "Force Majeure Occurrence" shall not be deemed a breach of this Agreement. "Force Majeure Occurrence" shall be defined to include, without limitation, Act of God, strike, labor disputes, war, fire, earthquake, actions of public enemies, acts of terrorism, epidemic, action of federal, state, or local governmental authorities or an event or reason beyond the reasonable control of a party. ORDINANCES, LAWS AND REGULATIONS Article 11. The Licensee shall comply with all federal, state, and local ordinances, laws and regulations pertaining to the operation of any events contemplated herein. It shall be the obligation of the Licensee to apply for, pay for, and obtain all permits and licenses as required by the various agencies of federal, state, and local governments and agencies. Page 1 4 UTILITIES Article 12. County shall pay utilities costs, including electricity, and sewage pursuant to budgetary appropriations. If no appropriation, Licensee acknowledges and agrees to pay all utility costs, including electricity, and sewer, associated with Venue. County will provide thirty (30) days written notice to Licensee of its utility budgetary non -appropriation beginning September 1 of every year. Licensee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained in accordance with Licensor standards, the City shall not charge Licensee for water used by Licensee to maintain the fields at the Venue, up to maximum number of gallons set by City Director of Parks and Recreation each calendar year. County will be responsible to arrange and pay for trash removal service. MAINTENANCE/REPAIRS Article 13. At a minimum, maintenance includes: (A) Licensee shall pickup and properly dispose of litter on a daily basis whenever the Venue is being used and weekly during the rest of the year. Licensor will provide the receptacles. (B) Licensee shall keep fully operational and in good repair any improvements at the Venue, including but not limited to the fields and bleachers, which are located on the Venue. Unless otherwise agreed to, Licensor has no responsibility for maintenance or repair to the Venue or any improvements at the Venue. (C) Licensee must immediately report any vandalism to the Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas. However, unless otherwise agreed to, Licensors have no responsibility to repair or replace any damages to Venue or improvements at the Venue caused by vandalism or caused by any other reason. (D) Licensee must keep safe and in good repair the bleachers, if any. Licensee must repair the bleachers immediately upon discovery of damages. (E) Licensee shall maintain the sports fields within the Venue boundary lines. Grass on the sports fields must not exceed three (3) inches. Licensee must mow the sports fields within one (1) week after the grass reaches three (3) inches in height. At least one month prior to the start of any season or preseason practice, the fields must be gradually cut shorter and brought into playing condition. Licensee shall be responsible, at their sole cost, for winterizing, weeding and feeding, and providing Page 1 5 iron on the practice and playing fields in accordance with the industry standards as required to properly bring the fields back to playing condition. Failure to keep the grass on the sports fields at or below three(3) inches in height or to properly bring the field back to playing condition will be grounds for termination of the Agreement. (F) Licensee will provide normal scheduled mowing of the Venue. Licensee will be responsible for maintaining the sports fields as set out herein. Furthermore, Licensee will be responsible for maintaining the grass in the adjacent viewing/access areas at a safe height not to exceed six (6) inches. (G) If restroom facilities are not available, Licensee must provide portable toilets for public use whenever Venue is being used for league activity. The portable toilets must be serviced and sanitized at least once a week or as often as the circumstances required as determined by the Director or his designee. (H) Licensee shall ensure that no parking is allowed on grass area of any playing or practice field. (I) If Licensee uses goal posts on the Venue, Licensee shall maintain a secure anchoring system on all goal posts used on the fields at the Venue. Licensee must repair any deficiency found in the anchoring system that impairs the safe use within forty-eight (48) hours after the need for repair is or should have been discovered. Licensee shall not allow use of the Venue until the anchoring system is repaired. (J) Licensee is responsible for proper installation and use of all equipment and improvements at the Premises. (K) Licenses must maintain a First Aid kit at the Venue. (L) Licensee must complete and submit the attached Attachment C, Standard of Maintenance Sports Field Checklist, to the Director no later than March 1 and August 1 of each year. During the months of May and December, County employees will perform inspections to confirm compliance with standards of maintenance. Inspection of Venue. Licensor has the right to inspect the Venue and/or improvements at any time during the term of this Agreement. Specifically, prior to and at the conclusion of each year, under the Term of the Agreement, a walk- through of the Venue will be conducted by Licensor and Licensee to note the condition of Venue. If an inspection reveals that maintenance is not being properly carried out, Director may provide written notice to Licensee demanding compliance. If Licensee has not complied within five (5) days after receipt of the demand, the County may undertake the work and Licensee shall pay the County's cost plus ten (10) percent overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the County's maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this License. Alternatively, the Licensor may elect to terminate this Agreement after (10) days written notice to Licensee. Page 1 6 Repairs. Licensee shall be responsible for repairing any portion of Venue damaged by Licensee, participants, event attendees, or invitees of Licensee. ALTERATIONS TO VENUE Article 14. Licensee agrees that it will not make any permanent alteration or physical additions ("Improvements") to Venue with Licensor's prior written consent. No alterations or improvement to the Venue are required for Licensee's use. All approved Improvements will be property of Licensor at the expiration of Termination of the Agreement. AUDIT OF LICENSEE Article 15. Licensor shall be allowed access to Licensee's financial books and records for auditing purposes. Licensee shall maintain and cause any contractors and subcontractors, relating to Improvements, to maintain satisfactory financial accounting documents and records and shall make them available for examination and audit by the Licensor on a quarterly basis and upon request. Licensor reserves the right to audit any of the Licensee's accounts related to this Agreement. Licensee will permit Licensor (and its agents) to inspect any and all pertinent records, file, information, and other written materials pertaining to this Agreement. Records shall be available upon Licensor's request. RELATIONSHIP OF THE PARTIES Article 16. Nothing contained in this Agreement will be deemed to constitute Licensor and Licensee as partners or joint ventures with each other. Each party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other party in any way. Licensee agrees that it will be solely responsible for the payment of all costs as specified in this Agreement. Licensee shall have no right, authority, or power to bind Licensor under this License for any claim for labor or material or for any other charge or expense incurred by neither Licensee nor subject Licensor to any lien or right of lien for any labor or material or other charge or expense. If any involuntary liens for labor and materials supplied or claimed to have been supplied to the Venue shall be filed, Licensee shall promptly pay or bond such liens to Licensor's reasonable satisfaction or otherwise obtain the release or discharge thereof. Page 1 7 ASSIGNMENT Article 17. Neither this Agreement nor any part hereof shall be transferred, conveyed or assigned by Licensee without prior written consent of Licensor, such as professional or sanctioned tournaments. Any activity or tournament allowed to take place at the Venue shall be the responsibility of Licensee to indemnify and insure in accordance with this Agreement. APPLICABLE LAW Article 18. The validity of this Agreement, the terms, provisions, or articles, and the rights and duties of the parties hereto, shall be interpreted and construed pursuant to, and in accordance with, the laws of the State of Texas. MODIFICATION Article 19. No prior or contemporaneous oral or written promises or representation will be binding on the parties hereto. This Agreement will not be amended or changed except by written agreement signed by both parties thereto. NO WAIVER OF RIGHTS Article 20. If either party fails to enforce any of the provisions of this Agreement or any rights or fails to exercise any election provided in the Agreement, it will not be considered to be a waiver of those provisions, rights or elections or in any way affect the validity of this Agreement. The failure of either party to exercise any of these provisions, rights or elections will not preclude or prejudice such party from later enforcing or exercising the same or any other provision, right or election which it may have under this Agreement. SEVERABILITY Article 21. If any term, provision, covenant or condition of the Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated. Page 1 8 NOTICES Article 22. All notices given hereunder shall be in writing and shall be deemed to have been duly given if delivered personally with receipt acknowledged or sent by registered or certified mail or equivalent, if available, return receipt requested (which shall be confirmed by a writing sent by registered or certified mail or equivalent on the same day that such notification is sent), or by nationally recognized overnight courier for next day delivery, addressed or sent to the parties at the addresses set forth: for Licensee - Chris Quitugua, President of South Texas Elite Youth Football League, at P.O. Box 260452, Corpus Christi, TX 78426; for Lessor - Nueces County, County Judge, 901 Leopard Room 303, Corpus Christi, TX 78401; and City of Corpus Christi, at Corpus Christi City Hall, 1201 Leopard Street, Attn: Director of Parks and Recreation, Corpus Christi, Texas 78401. SURRENDER OF VENUE AT END OF TERM/HOLDOVER Article 23. Upon the expiration or termination of Term of this Agreement, Licensee shall vacate and surrender to Licensor, the Venue, and Licensee shall at Licensee's sole expense, remove all property of Licensee, other than Improvements, and pay for all damages to the Venue including all damages cause by removal of Licensee's property, and restore the Venue to the condition in which it was prior to the Agreement. Any property remaining at the Venue shall be deemed abandoned by Licensee and may be retained or disposed of by Licensor in any manner that Licensor may see fit, without prejudice to Licensor's rights against Licensee for failure to remove such property, and Licensor shall not be required to pay or account to Licensee for the value of proceeds derived from any sale of such property remaining at the conclusion of the Term. In the case of any holding over or possession by Licensee after expiration of Term or earlier termination of this License, Licensee shall pay Licensor a monthly fee to be determined by the County. Further, in the event Licensee shall hold over beyond any date for surrender of Venue set forth in Licensor's written demand for possession thereof, Licensee shall reimburse Licensor for all actual expenses and losses incurred by Licensor by reason Licensor's inability to deliver possession of Venue to another, together with interest on such expenses at maximum interest rate allowed by law from the date such expenses are incurred until reimbursed by Licensee, together with Licensee's reasonable attorney's fees, charges and costs. The acceptance of the monthly payment by the Licensor, as provided in this paragraph, shall not constitute an extension of the Term of this License or afford Licensee any right to possession of the Venue beyond any date through which such rent has been paid by Licensee and accepted by the Licensor. Such monthly fee shall be due to the Licensor for the period of such holding over, whether or not the Licensor is seeking to evict Licensee; and, unless the Licensor Page 1 9 otherwise agrees in writing, such holding over shall be, and shall be deemed and construed to be, without the consent of the Licensor, whether or not the Licensor has accepted any sum due pursuant to this paragraph. TITLES FOR CONVENIENCE ONLY Article 24. The titles appearing in connection with the various Articles of this Agreement are for convenience only. They are not intended to indicate all of the subject matter in the text and they are not to be used in interpreting this Agreement or for any other purpose in the event of any controversy. SECURITY, STAFFING AND OTHER ITEMS Article 25. Licensee expressly agrees to provide security, for Licensee sponsored, approved, or facilitated events, herein "Events," at Venue during Times of Occupancy during Term and any and all staffing for Events. Licensee shall provide at its sole cost adequate qualified personnel for Event day traffic control. Licensee is responsible for providing its own coaches, assistant coaches, trainers, referees or other necessary officials for the Events, timekeepers, game clock operators, public address announcers, and any medical personnel for the players. This is not an exhaustive list. Licensor is not responsible for any payment due to these staffers and parties expressly acknowledge that these are not Licensor's employees. In addition, Licensee, in connection with each Event to which this License applies shall furnish or arrange to furnish at its own expense: 1. Equipment and uniforms for players 2. All applicable licenses, if applicable for the Event. TERMINATION WITHOUT FAULT/TERMINATION FOR DEFAULT Article 26. Termination without fault. Licensor and Licensee have the right to terminate this Agreement without fault by providing thirty (30) days written notice to the other party. Termination for default. If Licensee defaults in the performance of this Agreement or materially breaches any of its provisions and does not cure such default or material breach within fifteen (15) days, Licensor shall have the right to terminate this Agreement by written notification of termination. Page 1 10 Licensor may terminate Licensee's right to possession to the Venue, the enjoyment of the issues and profits there from reenter and take possession of the Venue and remove all persons and property there from with or without process of law, without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears in payment or costs incurred due hereunder or existing breaches hereof. Licensor does not waive its rights to pursue all applicable legal remedies, including but not limited to breach of contract claims based upon non-performance by Licensee. NO WAIVER OF GOVERNMENTAL FUNCTION Article 27. No provision or covenant of this License shall constitute a limitation or waiver of the right of the Licensor to perform its governmental functions and the performance of such functions shall not constitute a default hereunder. AMENDMENT/WAIVER Article 28. No alteration, amendment or modification hereof (including this Section) shall be valid unless executed by an instrument in writing by the Licensor and Licensee with the same formality as this License. Without limiting the generality of the preceding sentence, no course of conduct among the parties shall constitute an alteration, amendment or modification of this License. The failure of the Licensor or the Licensee to insist in any one or more instances upon the strict performance of any of the covenants, agreements, terms, provisions or conditions of this License or to exercise any covenant, agreement, term, provision, condition, election or option, but the same shall continue and remain in full force and effect. No waiver by the Licensor or Licensee of any covenant, agreement, term, provision or condition of this License shall be deemed to have been made unless expressed in writing and signed by an appropriate official on behalf of the Licensor or the Licensee. CHOICE OF LAW Article 29. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Page 1 11 CHOICE OF FORUM Article 30. Any disputes between the parties to this Agreement concerning the subject matter of this Agreement shall be submitted for resolution to a court of competent jurisdiction in Nueces County, Texas. CONSTRUCTION Article 31. The language used in this License will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. This License will not be construed against drafter. BACKGROUND CHECKS Article 32. Licensee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. SPORTSMANSHIP PROGRAM Article 33. Licensee shall require that all of its coaches and board members complete a state or nationally recognized, or Director approved, sportsmanship program. Licensee shall encourage parents and/or legal guardians of the youth participants to attend the sportsmanship program. This must include course outline, and dates of the meetings. Licensee must also provide a list of all coaches board members, and parents/legal guardian signatures of attendance at the sportsmanship program. COMPLAINT NOTICE AND OTHER REQUIRED SIGNS Article 33. Licensee must post and maintain a sign with sportsmanship policies and possible consequences for non-compliance with policies. Licensee must post and maintain signs to indicate restricted parking areas and also that no parking ono grass is permitted. Licensee must post health permits at the concession areas. Licensee must store food handler cards ono file at the Premises. Licensee must promptly replace or repair any damaged or missing signage. LIST OF CURRENT OFFICERS AND BOARD OF DIRECTORS; BYLAWS Article 34. Licensee must submit its current List of Officers and Board of Directors (List) to the Director as defined in Article 2 of this Agreement by each January 31 of each year of this Page 1 12 Agreement. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Licensee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Licensee must provide Director with coy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. REPORTING Article 35. All reports must be submitted to the Director within two weeks after the start of Licensee's season. Licensee must provide Director with schedules of each division prior to each session. Licensee must provide Director with list of league tournaments scheduled at the Venue. Any tournaments no on schedule for league purposes must be approved in advance by Director. Licensee is responsible to ensure that each tournament at the Venue is covered by the same insurance as required for Licensee's activities under this Agreement. JOINT AND SEVERAL LIABILITY Each Licensee(s) is jointly and severally liable for all Licensee Agreement obligations. If any Licensee(s), guests, or occupant violates the License Agreement, all Licensee(s) are considered to have violated the License Agreement. Licensor's requests and notices to any one Licensee(s) constitute notice to all Licensee(s) and occupants. Notices and requests from any one Licensee(s) or occupant constitute notice from all Licensee(s). SIGNATURES: EXECUTED ON LICENSORS: NUECES COUNTY 2019, Nueces County, Texas. CITY OF CORPUS CHRISTI BY: By: Barbara Canales Nueces County Judge City Manager ATTESTED: By: Kara Sands, County Clerk Page 1 13 LICENSEE: EXECUTED ON 2019, Nueces County, Texas BY: Chris Quitugua, President South Texas Elite Youth Football League LICENSEE: EXECUTED ON 2019, Nueces County, Texas BY: Arlington Height Christian School Page 1 14 ATTACHMENT B INSURANCE REQUIREMENTS I. LICENSEE'S LIABILITY INSURANCE A. Licensee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Licensee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Licensee must furnish to the City's Risk Manager or designee, 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City of Corpus Christi and Nueces County must be named as additional insured on the General liability policy. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day written notice of cancellation, material change, non -renewal is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate Commercial General Liability including: 1. Commercial Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury — Advertising Injury $1,000,000 Combined Single Limit C. In the event of accidents of any kind, Licensee must furnish the City's Risk Manager with copies of all reports of any accidents within 10 days of accident. II. ADDITIONAL REQUIREMENTS A. Licensee's financial integrity is of interest to the City and County; therefore, subject to Licensee's right to maintain reasonable deductibles in such amounts as are approved by the City, Licensee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Licensee'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). B. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Licensee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Licensee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P. 0. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555 — Fax # C. Licensee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City of Corpus Christi and Nueces County and their officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City and the County, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi and Nueces County where the City and the County are additional insureds' shown on the policy; • Provide thirty (30) calendar days advance written notice directly to City of Corpus Christi and Nueces County of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. D. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Licensee shall provide a replacement Certificate of Insurance and applicable endorsements to City and County. City and County shall have the option to suspend Licensee'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 contact. E. In addition to any other remedies the City and County may have upon Licensee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City and County shall have the right to order Licensee to stop work hereunder, and/or withhold any payment(s) which become due to Licensee hereunder until Licensee demonstrates compliance with the requirements hereof. F. Nothing herein contained shall be construed as limiting in any way the extent to which Licensee may be held responsible for payments of damages to persons or property resulting from Licensee's or its subcontractors' performance of the work covered under this agreement. G. It is agreed that Licensee's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi and Nueces County for liability arising out of operations under this contract. H. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. EXHIBIT C STANDARD OF MAINTENANCE SPORT FIELD CHECKLIST Due each March 1 and August 1 each year of the Agreement SITE: INSPECTOR: ADDRESS: Date of Inspection: League President Signature Print Ali Leagues will be expected to complete this self -inspection checklist form septi annually. Due date (March 1 and August 1) each year of the Lease. The City of Corpus Christi will do an inspection during the months of May and December. Each league Is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline of (March 1 & August 1) each year of Leases the League will be assessed a fee of S250.00 per site Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A.comment is required for any "YES" answer. PLAYING SURFACE Yes No [ j [ 1 1. The soil is too loose to provide good running traction. [ j [ j 2. The soil is too compacted to provide good drainage. [) [ I 3. The playing area has low spots, holes, oris not level and should be dragged/re-graded. [ ] 11 4. There is a hazardous soli buildup (lip) between the playing area and the turf. [ C j S. The playing area has unsafe wet spots and/or puddles. [ j [ j 6. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [] [ 1 7. Litter and unsafe debris is scattered around the playing area and player/spectator areas. [ ] [ J 8, The supply and location of waste cans is inadequate. [] [ ] 9. if available at Venue, sprinkler heads, drainage grates, valve boxes, etc, in the field are above grade or have sharp edges or unsafe protrusions. [111 10. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [] [] 11. Are there any protrusions or potential hazards along fence lines, posts, bleachers, parking lot, or restrooms. [] [] 12 There are unsafe bare spots in turf with a hard soil surface exposed. [j [ ] 13. The surface is uneven because of soil grade. [ ] [] 14. Soil Is too wet or drains poorly making an unsafe running surface. [] [] 15. Turf is not uniform in texture, density, or height making an unsafe playing surface. [ i [ ] 16. Turf irrigation comes on during games. [ 1 [ ] 17. Turf is not stable and "blow -outs" frequently occur. [ ] [] 18.Weeds are present with thorns, bristles, or burrs. [] [] 19 Moles, gophers or other animals have caused mounds or holes, [] [] 20, Hazardous ruts occur on the held from mowing equipment or trenching. COMMENTS FENCING (If available at Venue) Yes No [] [] 1. Fence posts are loose or improperly set in the ground. [ ] [ ] 2. Fence posts are on the inside of the playing area fence. [] [ ] 3. Concrete footings are exposed above ground. [ 1 (1 4. Fencing is not securely attached to the fence posts with loose or broken ties. H ( 1 5, There are unsafe gaps under fencing. [ 1 1 ] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ 1 [ 1 7. There is not top railing to secure fence at the top. [ 1 [ ] 8. Wire ends of chain link fencing are exposed along the top. [ 1 [ 1 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [ 1 [ 1 10. Gates are left open during games. COMMENTS SIGNS Yes No [ 1 [ ] 1. Signs are in good condition. [ 1 [ 1 2. Sign with Parks and Recreation phone number for complaints or concerns. [ 1 [ 1 3. No parking in grass . 1] [ ] 4. Sportsmanship signs with league rules, guidelines, and possible consequences. [ 1 1 1 5, ADA Handicap parking spots. [ ] [ 1 6. Adequate traffic markings. [ 1 [ ] 7. Maintenance area "keep out". COMMENTS CONCESSION STAND / RESTROOMS (if available at Venue) Yes No. [ 1 [ 1 1. Health permits posted. [ 1 [ 1 2. Food handlers cards on file. [ 1 [ 1 3. Appropriate signs for doorways. [ 1 [ ] 4. Cleanliness of restrooms.and concession area. [ 1 1 1 5. Condition of buildings. COMMENTS LIGHTING (if available at Venue) Yes No [ 1 [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians, [ 1 [ 1 2. There are burned out lights. [ 1 1 1 3, The beam direction of the lights are out of adjustment. [ 1 [ 1 4. The lighting grid pattern on the field is uneven or irregular. E1{ l 5. The lighting foot-candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ 1 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ ] [.1 2. The guard rails are loose or missing. [ 1 [ 1 3. The plank or railing end caps are loose or missing. [ ] ] ] 4. Wooden planks are worn out or splintered. [] [] .5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [] [ ] 1. The chalking material used is irritating to the eyes. [] [] 2. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. [] [] 3. There are no public telephones available for emergency situations, [] [] 4. Areas that are hazardous or under repair have not been blocked off or identified. [ ] [] 5. There is currently no communication between the maintenance staff and the facility users. COMM ENTS LICENSE AGREEMENT This license agreement (hereinafter referred to as "Agreement") is entered by and between Nueces County ("County"), acting through its duly authorized agent whose business address is 901 Leopard, Room 303, Corpus Christi, TX 78401 and City of Corpus Christi ("City"), a Texas Home Rule Municipal Corporation, acting through its duly authorized City Manager or designee whose business address is 1201 Leopard, Corpus Christi, TX 78401 (hereinafter City and County is referred to as "Licensor"), and South Texas Futbol Club acting through its authorized agent, Godfrey Vela 11, whose business address is P.O. Box 60043, Corpus Christi, Texas 78466, Corpus Christi, Texas ("Licensee"). For and in consideration of the mutual covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: PURPOSE AND TERM Article 1. Licensor hereby grants to Licensee the privilege and license to use a specified area of Licensor co -owned property located at LyondellBasell Park, Haven Drive in Northwest Corpus Christi (the "Venue") located in Nueces County, Texas during the Term of this Agreement for the purpose of operation of a youth sports program, specifically soccer program and for no other purpose. Venue is identified by diagram (Attachment "A"). The "Term" of this Agreement shall be for a two (2) year term beginning on the date of the last signature execution herein with extensions of two (2) year increments unless this License Agreement is terminated as defined in Article 26. For an Extension, Licensee shall provide thirty (30) days written notice of its intent to extend the term prior to the expiration of the Term. Said notice is to be provided pursuant to Article 22. Licensee's "Times of Occupancy" of Venue during Term shall be limited as detailed herein. It is agreed that Licensee's occupancy of Venue shall be commensurate with the Term and any extension unless terminated as defined in Article 26. Licensor and Licensee shall use the Venue pursuant to Article 4. Licensor shall reserve the right to allow the public's use of Venue during Times of Occupancy when Licensee is not using the Venue pursuant to Article 4. CONTACT PERSON/ADMINISTRATOR OF LICENSE AGREEMENT Article 2. For this License Agreement, the contact person and License Administrator for the Licensor (County and City) is the Nueces County Director of Inland Parks or his designee ("Director"). Page 1 1 LICENSE FEE/CONSIDERATION Article 3. As consideration for the grant of the license herein and for the use of the Venue as identified herein Licensee agrees as follows. Licensee agrees to use the Venue for its youth sports program, specifically football and for no other purpose. Licensee agrees to maintain the Venue and any improvements in a year round basis in accordance with all maintenance rules prescribed by Licensor and any rules promulgated in the future, specifically set out in Article 13 of this Agreement. Failure to maintain the Venue and all improvements in accordance with these rules constitutes grounds for termination of this Agreement. JOINT USE Article 4. Licensor retains joint use of the Venue and improvements during the term of this Agreement, subject to Licensee's right to the Venue during its Times for Occupancy for youth sports program purposes. Licensee must not deny access to or use of the Venue to the general public for unorganized activities when the Venue is not being used by Licensee during Times of Occupancy. Licensor reserves the right to schedule organized activities at Venue. Requests for scheduled organized activities by other organizations or public use will be reviewed for approval or denial by the Director. Licensor shall provide Director with notice of all Licensee scheduled activities. REPRESENTATIONS, WARRANTIES & COVENANTS Article 5. Licensor hereby represents and warrants to Licensee that Licensor can enter into this Agreement and/or operates the Venue and has full power and authority to enter into this Agreement and to engage in the transaction contemplated hereby. Licensor agrees that this Agreement is a valid obligation of Licensor and is binding upon Licensor in accordance with the terms hereof. Licensee hereby represents and warrants to Licensor that it has full power and authority to enter into this Agreement and to engage in the transaction contemplated hereby. Licensee agrees that this Agreement is a valid obligation of Licensee and is binding upon Licensee in accordance with the terms hereof. Licensee shall keep the Venue in an orderly condition while in use. Page 1 2 COMPLIANCE WITH LAWS Article 6. During the Term, Licensee shall obey and comply with all laws, ordinances, and regulations of all federal, state, county, or municipal authorities and with all notices, reasonable requirements and reasonable recommendations of any insurance organizations, associations, or companies with respect to Venue. THE LICENSEE HEREBY AGREES TO INDEMNIFY LICENSOR FROM ALL LOSS OR DAMAGE WHATSOEVER, INCLUDING REASONABLE ATTORNEYS' FEES, FROM LICENSEE'S FAILURE TO ABIDE BY ANY SUCH LAW, ORDINANCES, NOTICES, REQUIREMENTS, ORDERS AND REGULATIONS OF ALL FEDERAL, STATE, LICENSOR, OR MUNICIPAL AUTHORITIES. INDEMNIFICATION Article 7. LICENSEE SHALL INDEMNIFY AND HOLD HARMLESS LICENSOR AND THEIR RESPECTIVE EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS OR LIABILITY OF ANY CHARACTER, TYPE OR DESCRIPTION WHETHER FIXED OR CONTINGENT, LIQUATED OR UNLIQUIDATED, ARISING IN TORT OR PURSUANT TO STATUTE, AND WHETHER ARISING UNDER COMMON LAW, OR UNDER ANY STATE, FEDERAL, OR LOCAL RULE OR REGULATIONS FOR ALL DAMAGES BOTH ACTUAL AND EXEMPLARY, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR ANY INJURY OR DEATH TO ANY PERSON OR PERSONS OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE ACTS, WHETHER NEGLIGENT OR INTENTIONAL OF LICENSEE OR ITS AGENTS OR EMPLOYEES UNDER THIS AGREEMENT, INCLUDING CLAIMS AND DAMAGES ARISING IN PART FROM THE NEGLIGENCE OF LICENSOR AND NUECES COUNTY, TEXAS AND THEIR RESPECTIVE EMPLOYEES. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY LICENSEE TO INDEMNIFY AND PROTECT LICENSOR AND THEIR RESPECTIVE EMPLOYEES FROM THE CONSEQUENCES OF LICENSOR'S AND THEIR RESPECTIVE EMPLOYEES' AND CONTRACTORS OWN NEGLIGENCE, PROVIDED, HOWEVER, THAT THE INDEMNITY AND DEFENSE PROVIDED HEREIN SHALL NOT EXTEND TO THE SOLE NEGLIGENCE OF WILLFUL MISCONDUCT OF LICENSOR, OR THEIR RESPECTIVE EMPLOYEES OR CONTRACTORS. THE INDEMNIFICATION PROVISIONS CONTAINED THROUGHOUT THIS AGREEMENT SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Page 1 3 INSURANCE REQUIREMENTS Article 8. Licensee shall maintain and pay all premium costs and deductibles, if any, for the following insurance coverages in amounts not less than specified through the duration of the Term as required by Attachment "B" entitled "INSURANCE REQUIREMENTS". INTEGRATION CLAUSE Article 9. This contract supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter of this agreement, and contains all of the covenants and agreements between Licensor and Licensee with respect to the subject matter. Both Licensor and Licensee acknowledge that no representations, inducements, promises, or agreements, either orally or otherwise, have been made by any party, or anyone acting on behalf of any party that are not set forth in this Agreement, and that no agreement, statement, or promise not contained this Agreement shall be valid or binding. FORCE MAJEURE Article 10. The failure of any party hereto to comply with the terms and conditions hereof because of a "Force Majeure Occurrence" shall not be deemed a breach of this Agreement. "Force Majeure Occurrence" shall be defined to include, without limitation, Act of God, strike, labor disputes, war, fire, earthquake, actions of public enemies, acts of terrorism, epidemic, action of federal, state, or local governmental authorities or an event or reason beyond the reasonable control of a party. ORDINANCES, LAWS AND REGULATIONS Article 11. The Licensee shall comply with all federal, state, and local ordinances, laws and regulations pertaining to the operation of any events contemplated herein. It shall be the obligation of the Licensee to apply for, pay for, and obtain all permits and licenses as required by the various agencies of federal, state, and local governments and agencies. Page 1 4 UTILITIES Article 12. Licensee must pay for all utilities used by it or for any activity sponsored by Licensee on the Venue prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Agreement. Licensee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained in accordance with Licensor standards, the City shall not charge Licensee for water used by Licensee to maintain the fields at the Venue, up to maximum number of gallons set by City Director of Parks and Recreation each calendar year. Licensee will be responsible to arrange and pay for trash removal service. MAINTENANCE/REPAIRS Article 13. At a minimum, maintenance includes: (A) Licensee shall pickup and properly dispose of litter on a daily basis whenever the Venue is being used and weekly during the rest of the year. Licensor will provide the receptacles. (B) Licensee shall keep fully operational and in good repair any improvements at the Venue, including but not limited to the fields and bleachers, which are located on the Venue. Unless otherwise agreed to, Licensor has no responsibility for maintenance or repair to the Venue or any improvements at the Venue. (C) Licensee must immediately report any vandalism to the Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas. However, unless otherwise agreed to, Licensors have no responsibility to repair or replace any damages to Venue or improvements at the Venue caused by vandalism or caused by any other reason. (D) Licensee must keep safe and in good repair the bleachers, if any. Licensee must repair the bleachers immediately upon discovery of damages. (E) Licensee shall maintain the sports fields within the Venue boundary lines. Grass on the sports fields must not exceed three (3) inches. Licensee must mow the sports fields within one (1) week after the grass reaches three (3) inches in height. At least one month prior to the start of any season or preseason practice, the fields must be gradually cut shorter and brought into playing condition. Licensee shall be responsible, at their sole cost, for winterizing, weeding and feeding, and providing iron on the practice and playing fields in accordance with the industry standards as Page 1 5 required to properly bring the fields back to playing condition. Failure to keep the grass on the sports fields at or below three(3) inches in height or to properly bring the field back to playing condition will be grounds for termination of the Agreement. (F) Licensee will provide normal scheduled mowing of the Venue. Licensee will be responsible for maintaining the sports fields as set out herein. Furthermore, Licensee will be responsible for maintaining the grass in the adjacent viewing/access areas at a safe height not to exceed six (6) inches. (G) If restroom facilities are not available, Licensee must provide portable toilets for public use whenever Venue is being used for league activity. The portable toilets must be serviced and sanitized at least once a week or as often as the circumstances required as determined by the Director or his designee. (H) Licensee shall ensure that no parking is allowed on grass area of any playing or practice field. (I) If Licensee uses goal posts on the Venue, Licensee shall maintain a secure anchoring system on all goal posts used on the fields at the Venue. Licensee must repair any deficiency found in the anchoring system that impairs the safe use within forty-eight (48) hours after the need for repair is or should have been discovered. Licensee shall not allow use of the Venue until the anchoring system is repaired. (J) Licensee is responsible for proper installation and use of all equipment and improvements at the Premises. (K) Licenses must maintain a First Aid kit at the Venue. (L) Licensee must complete and submit the attached Attachment C, Standard of Maintenance Sports Field Checklist, to the Director no later than March 1 and August 1 of each year. During the months of May and December, County employees will perform inspections to confirm compliance with standards of maintenance. Inspection of Venue. Licensor has the right to inspect the Venue and/or improvements at any time during the term of this Agreement. Specifically, prior to and at the conclusion of each year, under the Term of the Agreement, a walk- through of the Venue will be conducted by Licensor and Licensee to note the condition of Venue. If an inspection reveals that maintenance is not being properly carried out, Director may provide written notice to Licensee demanding compliance. If Licensee has not complied within five (5) days after receipt of the demand, the County may undertake the work and Licensee shall pay the County's cost plus ten (10) percent overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the County's maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this License. Alternatively, the Licensor may elect to terminate this Agreement after (10) days written notice to Licensee. Page 1 6 Repairs. Licensee shall be responsible for repairing any portion of Venue damaged by Licensee, participants, event attendees, or invitees of Licensee. ALTERATIONS TO VENUE Article 14. Licensee agrees that it will not make any permanent alteration or physical additions ("Improvements") to Venue with Licensor's prior written consent. No alterations or improvement to the Venue are required for Licensee's use. All approved Improvements will be property of Licensor at the expiration of Termination of the Agreement. AUDIT OF LICENSEE Article 15. Licensor shall be allowed access to Licensee's financial books and records for auditing purposes. Licensee shall maintain and cause any contractors and subcontractors, relating to Improvements, to maintain satisfactory financial accounting documents and records and shall make them available for examination and audit by the Licensor on a quarterly basis and upon request. Licensor reserves the right to audit any of the Licensee's accounts related to this Agreement. Licensee will permit Licensor (and its agents) to inspect any and all pertinent records, file, information, and other written materials pertaining to this Agreement. Records shall be available upon Licensor's request. RELATIONSHIP OF THE PARTIES Article 16. Nothing contained in this Agreement will be deemed to constitute Licensor and Licensee as partners or joint ventures with each other. Each party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other party in any way. Licensee agrees that it will be solely responsible for the payment of all costs as specified in this Agreement. Licensee shall have no right, authority, or power to bind Licensor under this License for any claim for labor or material or for any other charge or expense incurred by neither Licensee nor subject Licensor to any lien or right of lien for any labor or material or other charge or expense. If any involuntary liens for labor and materials supplied or claimed to have been supplied to the Venue shall be filed, Licensee shall promptly pay or bond such liens to Licensor's reasonable satisfaction or otherwise obtain the release or discharge thereof. Page 1 7 ASSIGNMENT Article 17. Neither this Agreement nor any part hereof shall be transferred, conveyed or assigned by Licensee without prior written consent of Licensor, such as professional or sanctioned tournaments. Any activity or tournament allowed to take place at the Venue shall be the responsibility of Licensee to indemnify and insure in accordance with this Agreement. APPLICABLE LAW Article 18. The validity of this Agreement, the terms, provisions, or articles, and the rights and duties of the parties hereto, shall be interpreted and construed pursuant to, and in accordance with, the laws of the State of Texas. MODIFICATION Article 19. No prior or contemporaneous oral or written promises or representation will be binding on the parties hereto. This Agreement will not be amended or changed except by written agreement signed by both parties thereto. NO WAIVER OF RIGHTS Article 20. If either party fails to enforce any of the provisions of this Agreement or any rights or fails to exercise any election provided in the Agreement, it will not be considered to be a waiver of those provisions, rights or elections or in any way affect the validity of this Agreement. The failure of either party to exercise any of these provisions, rights or elections will not preclude or prejudice such party from later enforcing or exercising the same or any other provision, right or election which it may have under this Agreement. SEVERABILITY Article 21. If any term, provision, covenant or condition of the Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated. NOTICES Article 22. All notices given hereunder shall be in writing and shall be deemed to have been duly given if delivered personally with receipt acknowledged or sent by registered or certified Page 1 8 mail or equivalent, if available, return receipt requested (which shall be confirmed by a writing sent by registered or certified mail or equivalent on the same day that such notification is sent), or by nationally recognized overnight courier for next day delivery, addressed or sent to the parties at the addresses set forth: Godfrey Vela II, President of South Texas Futbol Club, P.O. Box 60043, Corpus Christi, Texas 78466, Corpus Christi, Texas; Nueces County, County Judge, 901 Leopard Room 303, Corpus Christi, TX 78401; and City of Corpus Christi, at Corpus Christi City Hall, 1201 Leopard Street, Attn: Director of Parks and Recreation, Corpus Christi, Texas 78401. SURRENDER OF VENUE AT END OF TERM/HOLDOVER Article 23. Upon the expiration or termination of Term of this Agreement, Licensee shall vacate and surrender to Licensor, the Venue, and Licensee shall at Licensee's sole expense, remove all property of Licensee, other than Improvements, and pay for all damages to the Venue including all damages cause by removal of Licensee's property, and restore the Venue to the condition in which it was prior to the Agreement. Any property remaining at the Venue shall be deemed abandoned by Licensee and may be retained or disposed of by Licensor in any manner that Licensor may see fit, without prejudice to Licensor's rights against Licensee for failure to remove such property, and Licensor shall not be required to pay or account to Licensee for the value of proceeds derived from any sale of such property remaining at the conclusion of the Term. In the case of any holding over or possession by Licensee after expiration of Term or earlier termination of this License, Licensee shall pay Licensor a monthly fee to be determined by the County. Further, in the event Licensee shall hold over beyond any date for surrender of Venue set forth in Licensor's written demand for possession thereof, Licensee shall reimburse Licensor for all actual expenses and losses incurred by Licensor by reason Licensor's inability to deliver possession of Venue to another, together with interest on such expenses at maximum interest rate allowed by law from the date such expenses are incurred until reimbursed by Licensee, together with Licensee's reasonable attorney's fees, charges and costs. The acceptance of the monthly payment by the Licensor, as provided in this paragraph, shall not constitute an extension of the Term of this License or afford Licensee any right to possession of the Venue beyond any date through which such rent has been paid by Licensee and accepted by the Licensor. Such monthly fee shall be due to the Licensor for the period of such holding over, whether or not the Licensor is seeking to evict Licensee; and, unless the Licensor otherwise agrees in writing, such holding over shall be, and shall be deemed and construed to be, without the consent of the Licensor, whether or not the Licensor has accepted any sum due pursuant to this paragraph. Page 1 9 TITLES FOR CONVENIENCE ONLY Article 24. The titles appearing in connection with the various Articles of this Agreement are for convenience only. They are not intended to indicate all of the subject matter in the text and they are not to be used in interpreting this Agreement or for any other purpose in the event of any controversy. SECURITY, STAFFING AND OTHER ITEMS Article 25. Licensee expressly agrees to provide security, for Licensee sponsored, approved, or facilitated events, herein "Events," at Venue during Times of Occupancy during Term and any and all staffing for Events. Licensee shall provide at its sole cost adequate qualified personnel for Event day traffic control. Licensee is responsible for providing its own coaches, assistant coaches, trainers, referees or other necessary officials for the Events, timekeepers, game clock operators, public address announcers, and any medical personnel for the players. This is not an exhaustive list. Licensor is not responsible for any payment due to these staffers and parties expressly acknowledge that these are not Licensor's employees. In addition, Licensee, in connection with each Event to which this License applies shall furnish or arrange to furnish at its own expense: 1. Equipment and uniforms for players 2. All applicable licenses, if applicable for the Event. TERMINATION WITHOUT FAULT/TERMINATION FOR DEFAULT Article 26. Termination without fault. Licensor and Licensee have the right to terminate this Agreement without fault by providing thirty (30) days written notice to the other party. Termination for default. If Licensee defaults in the performance of this Agreement or materially breaches any of its provisions and does not cure such default or material breach within fifteen (15) days, Licensor shall have the right to terminate this Agreement by written notification of termination. Licensor may terminate Licensee's right to possession to the Venue, the enjoyment of the issues and profits there from reenter and take possession of the Venue and remove all persons Page 1 10 and property there from with or without process of law, without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears in payment or costs incurred due hereunder or existing breaches hereof. Licensor does not waive its rights to pursue all applicable legal remedies, including but not limited to breach of contract claims based upon non-performance by Licensee. NO WAIVER OF GOVERNMENTAL FUNCTION Article 27. No provision or covenant of this License shall constitute a limitation or waiver of the right of the Licensor to perform its governmental functions and the performance of such functions shall not constitute a default hereunder. AMENDMENT/WAIVER Article 28. No alteration, amendment or modification hereof (including this Section) shall be valid unless executed by an instrument in writing by the Licensor and Licensee with the same formality as this License. Without limiting the generality of the preceding sentence, no course of conduct among the parties shall constitute an alteration, amendment or modification of this License. The failure of the Licensor or the Licensee to insist in any one or more instances upon the strict performance of any of the covenants, agreements, terms, provisions or conditions of this License or to exercise any covenant, agreement, term, provision, condition, election or option, but the same shall continue and remain in full force and effect. No waiver by the Licensor or Licensee of any covenant, agreement, term, provision or condition of this License shall be deemed to have been made unless expressed in writing and signed by an appropriate official on behalf of the Licensor or the Licensee. CHOICE OF LAW Article 29. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Page 1 11 CHOICE OF FORUM Article 30. Any disputes between the parties to this Agreement concerning the subject matter of this Agreement shall be submitted for resolution to a court of competent jurisdiction in Nueces County, Texas. CONSTRUCTION Article 31. The language used in this License will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. This License will not be construed against drafter. BACKGROUND CHECKS Article 32. Licensee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. SPORTSMANSHIP PROGRAM Article 33. Licensee shall require that all of its coaches and board members complete a state or nationally recognized, or Director approved, sportsmanship program. Licensee shall encourage parents and/or legal guardians of the youth participants to attend the sportsmanship program. This must include course outline, and dates of the meetings. Licensee must also provide a list of all coaches board members, and parents/legal guardian signatures of attendance at the sportsmanship program. COMPLAINT NOTICE AND OTHER REQUIRED SIGNS Article 33. Licensee must post and maintain a sign with sportsmanship policies and possible consequences for non-compliance with policies. Licensee must post and maintain signs to indicate restricted parking areas and also that no parking ono grass is permitted. Licensee must post health permits at the concession areas. Licensee must store food handler cards ono file at the Premises. Licensee must promptly replace or repair any damaged or missing signage. LIST OF CURRENT OFFICERS AND BOARD OF DIRECTORS; BYLAWS Article 34. Licensee must submit its current List of Officers and Board of Directors (List) to the Director as defined in Article 2 of this Agreement by each January 31 of each year of this Agreement. The List must contain each person's title, name, address, home phone, and office Page 1 12 or fax phone, and email address. Licensee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Licensee must provide Director with coy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. REPORTING Article 35. All reports must be submitted to the Director within two weeks after the start of Licensee's season. Licensee must provide Director with schedules of each division prior to each session. Licensee must provide Director with list of league tournaments scheduled at the Venue. Any tournaments no on schedule for league purposes must be approved in advance by Director. Licensee is responsible to ensure that each tournament at the Venue is covered by the same insurance as required for Licensee's activities under this Agreement. SIGNATURES: EXECUTED ON 2019, Nueces County, Texas. LICENSORS: NUECES COUNTY CITY OF CORPUS CHRISTI BY: By: Barbara Canales Nueces County Judge City Manager ATTESTED: By: Kara Sands, County Clerk LICENSEE: EXECUTED ON 2019, Nueces County, Texas BY: Godfrey Vela II, President South Texas Futbol Club Page 1 13 © Google NA ,PC@%464K&W,?C• ad r `amA d*601#rraammggtetiai_ ATTACHMENT B INSURANCE REQUIREMENTS I. LICENSEE'S LIABILITY INSURANCE A. Licensee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Licensee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Licensee must furnish to the City's Risk Manager or designee, 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City of Corpus Christi and Nueces County must be named as additional insured on the General liability policy. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day written notice of cancellation, material change, non -renewal is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate Commercial General Liability including: 1. Commercial Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury — Advertising Injury $1,000,000 Combined Single Limit C. In the event of accidents of any kind, Licensee must furnish the City's Risk Manager with copies of all reports of any accidents within 10 days of accident. II. ADDITIONAL REQUIREMENTS A. Licensee's financial integrity is of interest to the City and County; therefore, subject to Licensee's right to maintain reasonable deductibles in such amounts as are approved by the City, Licensee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Licensee'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). B. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Licensee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Licensee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P. 0. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555 — Fax # C. Licensee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City of Corpus Christi and Nueces County and their officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City and the County, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi and Nueces County where the City and the County are additional insureds' shown on the policy; • Provide thirty (30) calendar days advance written notice directly to City of Corpus Christi and Nueces County of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. D. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Licensee shall provide a replacement Certificate of Insurance and applicable endorsements to City and County. City and County shall have the option to suspend Licensee'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 contact. E. In addition to any other remedies the City and County may have upon Licensee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City and County shall have the right to order Licensee to stop work hereunder, and/or withhold any payment(s) which become due to Licensee hereunder until Licensee demonstrates compliance with the requirements hereof. F. Nothing herein contained shall be construed as limiting in any way the extent to which Licensee may be held responsible for payments of damages to persons or property resulting from Licensee's or its subcontractors' performance of the work covered under this agreement. G. It is agreed that Licensee's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi and Nueces County for liability arising out of operations under this contract. H. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. EXHIBIT C STANDARD OF MAINTENANCE SPORT FIELD CHECKLIST Due each March 1 and August 1 each year of the Agreement SITE: INSPECTOR: ADDRESS: Date of Inspection: League President Signature Print Ali Leagues will be expected to complete this self -inspection checklist form septi annually. Due date (March 1 and August 1) each year of the Lease. The City of Corpus Christi will do an inspection during the months of May and December. Each league Is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline of (March 1 & August 1) each year of Leases the League will be assessed a fee of S250.00 per site Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A.comment is required for any "YES" answer. PLAYING SURFACE Yes No [ j [ 1 1. The soil is too loose to provide good running traction. [ j [ j 2. The soil is too compacted to provide good drainage. [) [ I 3. The playing area has low spots, holes, oris not level and should be dragged/re-graded. [ ] 11 4. There is a hazardous soli buildup (lip) between the playing area and the turf. [ C j S. The playing area has unsafe wet spots and/or puddles. [ j [ j 6. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [] [ 1 7. Litter and unsafe debris is scattered around the playing area and player/spectator areas. [ ] [ J 8, The supply and location of waste cans is inadequate. [] [ ] 9. if available at Venue, sprinkler heads, drainage grates, valve boxes, etc, in the field are above grade or have sharp edges or unsafe protrusions. [111 10. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [] [] 11. Are there any protrusions or potential hazards along fence lines, posts, bleachers, parking lot, or restrooms. [] [] 12 There are unsafe bare spots in turf with a hard soil surface exposed. [j [ ] 13. The surface is uneven because of soil grade. [ ] [] 14. Soil Is too wet or drains poorly making an unsafe running surface. [] [] 15. Turf is not uniform in texture, density, or height making an unsafe playing surface. [ i [ ] 16. Turf irrigation comes on during games. [ 1 [ ] 17. Turf is not stable and "blow -outs" frequently occur. [ ] [] 18.Weeds are present with thorns, bristles, or burrs. [] [] 19 Moles, gophers or other animals have caused mounds or holes, [] [] 20, Hazardous ruts occur on the held from mowing equipment or trenching. COMMENTS FENCING (If available at Venue) Yes No [] [] 1. Fence posts are loose or improperly set in the ground. [ ] [ ] 2. Fence posts are on the inside of the playing area fence. [] [ ] 3. Concrete footings are exposed above ground. [ 1 (1 4. Fencing is not securely attached to the fence posts with loose or broken ties. H ( 1 5, There are unsafe gaps under fencing. [ 1 1 ] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ 1 [ 1 7. There is not top railing to secure fence at the top. [ 1 [ ] 8. Wire ends of chain link fencing are exposed along the top. [ 1 [ 1 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [ 1 [ 1 10. Gates are left open during games. COMMENTS SIGNS Yes No [ 1 [ ] 1. Signs are in good condition. [ 1 [ 1 2. Sign with Parks and Recreation phone number for complaints or concerns. [ 1 [ 1 3. No parking in grass . 1] [ ] 4. Sportsmanship signs with league rules, guidelines, and possible consequences. [ 1 1 1 5, ADA Handicap parking spots. [ ] [ 1 6. Adequate traffic markings. [ 1 [ ] 7. Maintenance area "keep out". COMMENTS CONCESSION STAND / RESTROOMS (if available at Venue) Yes No. [ 1 [ 1 1. Health permits posted. [ 1 [ 1 2. Food handlers cards on file. [ 1 [ 1 3. Appropriate signs for doorways. [ 1 [ ] 4. Cleanliness of restrooms.and concession area. [ 1 1 1 5. Condition of buildings. COMMENTS LIGHTING (if available at Venue) Yes No [ 1 [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians, [ 1 [ 1 2. There are burned out lights. [ 1 1 1 3, The beam direction of the lights are out of adjustment. [ 1 [ 1 4. The lighting grid pattern on the field is uneven or irregular. E1{ l 5. The lighting foot-candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ 1 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ ] [.1 2. The guard rails are loose or missing. [ 1 [ 1 3. The plank or railing end caps are loose or missing. [ ] ] ] 4. Wooden planks are worn out or splintered. [] [] .5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [] [ ] 1. The chalking material used is irritating to the eyes. [] [] 2. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. [] [] 3. There are no public telephones available for emergency situations, [] [] 4. Areas that are hazardous or under repair have not been blocked off or identified. [ ] [] 5. There is currently no communication between the maintenance staff and the facility users. COMM ENTS AGENDA MEMORANDUM First Reading for the City Council Meeting of April 30, 2019 Second Reading for the City Council Meeting of May 14, 2019 DATE: April 18, 2019 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, P.E., Assistant City Manager MarkVVcctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com (361) 826-3729 J.H. Edmonds, P.E., Director of Engineering Services JeffreyE a©cctexas.com (361) 826-3851 Ordinance declaring City property as surplus and permitting its sale to the public CAPTION: Ordinance declaring City owned land at 4830 Williams Drive as surplus property; authorizing its sale to the public by sealed bid; and authorizing execution of the deed and any related documents necessary to complete the sale and convey the property. PURPOSE: The land at 4830 Williams is a remainder from a 1992 street project which realigned Williams Drive with Corona Drive. The remaining unused land was re -platted by the City into a half acre tract producing a marketable, commercial lot. The lot is not needed by the City for any immediate or future public use. A declaration as surplus property is requested so that it can be sold to the public by sealed bids. BACKGROUND AND FINDINGS: In 1992, the City engaged in a street project called the Corona/Williams Connection that realigned two streets at the Everhart intersection. To realign the streets, the City acquired various residential properties off Williams Drive. The houses were moved and some of the land was used to establish current right-of-way alignment. The remaining land left a triangular shaped configuration as shown on the attached Council Exhibit. The land has not been used for any purpose since the project. The .478 -acre tract has been re -platted by the City into one tract which is currently zoned CG -2, General Commercial. Various inquiries have been received recently with interest in buying the land from the City. The City has historically sold property by public sealed bid, which is permitted by Texas Local Government Code, Section 272.001. This requires the City to advertise the sale twice in the local newspaper, wait 14 days, and then open sealed bids. The Nueces County Appraisal District has the property valued at $30,817. City staff would like to open bidding at this amount. Upon sale, the revenue will be deposited into the City's general fund. This land sale will eliminate maintenance on the property and place it back on the tax rolls. City Council approval is needed to declare this property as surplus and for sale to the public. ALTERNATIVES: 1 Declare the property as surplus and advertise for sale (Recommended) 2 Keep the property for future City use or exchange. (Not Recommended) OTHER CONSIDERATIONS: The sale of the property will eliminate maintenance costs, generate revenue to the City, and place the property on the Nueces County tax roll. CONFORMITY TO CITY POLICY: The City is authorized under its home -rule authority, as well as under the grant of powers under Section 1, Article X of the Charter, to convey property. This ordinance also conforms to Section 1, Article IX of the Charter. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering Department FINANCIAL IMPACT: [ ] Operating [] Revenue [ ] Capital [ X ] Not applicable Fiscal Year: 18-19 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: No funds are required at this time. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Council Exhibit Ordinance Presentation Ordinance declaring City owned land at 4830 Williams Drive as surplus property; authorizing its sale to the public by sealed bid; and authorizing execution of the deed and any related documents necessary to complete the sale and convey the property. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: That the City owned property located at 4830 Williams Drive with a legal description of Gardendale #3 Block 14 Lot 6A is declared to be surplus property. SECTION 2: That the City Manager or designee is authorized to sell the property to the public by sealed bid per Texas Local Government Code section 272.001, with minimum bid requirements. SECTION 3: That the City Manager or designee is authorized to execute a deed and other related documents necessary to complete the sales and convey the property. 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 4830 WILLIAMS DR CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES %NW ACIIIII Corpus Chr sti Engineering Sale of Surplus Property at 4830 Williams Drive City Council Presentation April 30, 2019 Property Location cgo Corpus Chr sti Engineering 4830 WILLIAMS DR 2 Property Vicinity cgo Corpus Chr sti Engineering Property Plat cgo Corpus Chr sti Engineering PLAT OF GARDENDALE ADDITION NO. 3 LOT 6A. BLOCK 14 Mem"" o"i 4...0 a o.L • HEM LOCATION YAP ?ITS Vt... we AB PcsorPot, CITY 0f CORPUS CHRISTI. Tf:XAS Department owl F, r y Serve. 4 Property Sale Details k* Corpus Chr sti Engineering • City acquired various properties in 1992 for street project • Unused land was re -platted into single lot in 2012 • Property is zoned General Commercial, CG -2 • Valued assessed at $30,817 per Nueces County Appraisal District • Bidding to open at the assessed value of $30,817. • To be sold per Texas Local Government Code, Chap. 272.001 • Revenue to be appropriated to the City's General Fund • Ordinance declares property as surplus and permits its sale Sale of Surplus Property at 4830 Williams Drive Corpus Chr sti Engineering QUESTIONS? 6