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Agenda Packet City Council - 06/09/2020
City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, June 9, 2020 Addendums may be added on Friday. A.Mayor Joe McComb to call the meeting to order. B.Invocation to be given by Mayor Joe McComb. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting-agendas-minutes-video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary’s instructions, which shall be posted on the City Secretary’s door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. F.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.GOVERNMENT ACTIONS RELATED TO CORONA VIRUS Page 1 City of Corpus Christi Printed on 6/8/2020 June 9, 2020City Council Meeting Agenda - Final-revised b.OTHER G.MINUTES: 1.20-0585 Regular Meetings of May 12, 2020 and May 19, 2020 H.BOARD & COMMITTEE APPOINTMENTS: I.EXPLANATION OF COUNCIL ACTION: J.CONSENT AGENDA: (ITEMS 2 - 20) 2.20-0607 One-Reading Ordinance authorizing the acceptance of a grant from the Department of Justice for the FY 2020 Coronavirus Emergency Supplemental Funding Program in an amount of $521,426.00 to fund overtime, equipment, and supplies related to the public safety response to Coronavirus for the Police and Fire Departments; and appropriating $260,731.00 in the Police Grants Fund and $260,695.00 in the Fire Grants Fund. Sponsors:Police Department 3.20-0536 One-Reading Ordinance authorizing the acceptance of a grant in an amount of $121,850.26 from the Public Health and Social Services Emergency Fund to respond to coronavirus; and appropriating $121,850.26 into Fire Grant Fund. Sponsors:Fire Department 4.20-0656 One-Reading Ordinance approving an agreement between the City of Corpus Christi and the Corpus Christi Business and Job Development Corporation in an amount not to exceed $500,000 for Type A funding of arterial and collector streets within the City; approving a Chapter 380 agreement in an amount not to exceed $500,000 with Lift Fund, Inc. for a small business recovery program; appropriating $500,000 from the unreserved fund balance of the Business and Job Development Fund for use on the arterial and collector street improvements; amending the operating and capital budget. Sponsors:Economic Development Consent - Second Reading Ordinances 5.20-0456 Zoning Case No. 0320-02, Juan Romero (District 5). Ordinance rezoning property at or near 7614 Slough Road from the “FR” Farm Rural District to the “RS-6” Single-Family 6 District. Planning Commission and Staff recommend Approval. Sponsors:Development Services Page 2 City of Corpus Christi Printed on 6/8/2020 June 9, 2020City Council Meeting Agenda - Final-revised 6.20-0505 Zoning Case No. 0320-03, Mostaghasi Investment Trust (District 1). Ordinance rezoning property at or near 14206 Leos Court from the “CN-1” Neighborhood Commercial District to the “RS-6” Single-Family 6 District. Planning Commission and Staff recommend Approval. Sponsors:Development Services 7.20-0547 Ordinance authorizing the transfer of $590,000.00 from the Sanitary Sewer Collection Line Trust Fund, $310,000.00 from the Water Distribution Main Trust Fund and $375,000.00 from the Water Arterial Transmission and Grid Main Trust Fund to the Sanitary Sewer Trunk Main Trust Fund to meet the funding obligation for a Wastewater Force Main and Lift Station Construction and Reimbursement Agreement with Tamez Development approved by Council on February 18, 2020. Sponsors:Development Services 8.20-0540 Ordinance abandoning and vacating a utility easement (5,469 square feet), with dimensions of 10-foot wide for approximately 108-feet and a 20-foot wide for approximately 220-feet, out of Block B-2E, in Cullen Place, located at 542 Airline Road for the construction of a new carwash business on the property. (District 4) Sponsors:Development Services 9.20-0564 Ordinance authorizing the resale of 30 properties for $253,545.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $29,268.51 plus $55,116.93 for partial payment of City paving and demolition liens. Sponsors:Finance & Business Analysis 10.20-0588 Ordinance adding Corpus Christi Bay, Nueces Bay, and recently annexed territory to City Council Districts; and providing for an effective date. Sponsors:City Secretary's Office 11.20-0561 Ordinance appropriating $3,550,000 from the Public Works reserves fund balance to the Public Works General Fund Operating Budget; amending the FY 2020 Public Works Arterial and Collector Street Preventative Maintenance Program (SPMP) Budget from $3,440,000 to $6,990,000 and approving the general work plan for FY 2020 for a total amended budget of $6,990,000; with funding available from the FY 2020 Street, Stormwater, Water and Wastewater Funds. Sponsors:Public Works/Street Department Consent - Contracts and Procurement 12.20-0565 Motion authorizing a one-year service agreement, with two additional one-year option periods with Unified Service Associates in an amount not to exceed $93,143.76 and a three year total not to exceed $279,431.29, for custodial services within the Police Department, with FY 2020 in the Page 3 City of Corpus Christi Printed on 6/8/2020 June 9, 2020City Council Meeting Agenda - Final-revised amount of $31,047.92 available in the General Fund. Sponsors:Police Department and Contracts and Procurement 13.20-0555 Motion authorizing supply agreements with four vendors for a two-year period with each vendor, with one additional one-year option period to provide veterinary medicines and supplies with the following vendors: Miller Veterinary Supply in an amount not to exceed $99,828.45 for surgery supplies; Butler Animal Health Holding Company, LLC in an amount not to exceed $33,954.25 for anesthetics; Elanco US, Inc. in an amount not to exceed $122,921.00 for vaccinations; and, Midwest Veterinary Supply, Inc. in an amount not to exceed $112,923.92 for medical supplies, with FY 2020 funding in an amount of $46,203.45 available in the General Fund. Sponsors:Police Department and Contracts and Procurement 14.20-0543 Motion authorizing a three-year service agreement with Ranger Fire Inc. in an amount not to exceed $180,750.00 for Fire Sprinkler Inspection, Testing and Maintenance Services at 11 City owned facilities, effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $20,083.33 available through the Facilities Fund. Sponsors:Asset Management Department and Contracts and Procurement 15.20-0568 Motion authorizing a three-year license agreement with Great South Texas Corp dba Computer Solutions for the amount of $162,849.00 for the purchase of Cisco Cloud Email Security (CES) subscription license, effective upon issuance of a notice to proceed, with FY 2020 funding in the amount of $162,849.00 available through the Information Technology fund. Sponsors:Information Technology Services and Contracts and Procurement Consent - Capital Projects 16.20-0302 Motion awarding a construction contract to Mako Contracting, LLC, for reconstruction of Lipes Boulevard from Yorktown Boulevard to Sun Wood Drive, located in Council District 5, with new asphalt pavement and minor utility improvements in the amount of $2,023,240.09, with funding available from the Street Bond 2018 Program, and FY2020 Storm Water, Wastewater, Water and Gas Funds. Sponsors:Engineering Services, Public Works/Street Department and Contracts and Procurement 17.20-0308 Resolution authorizing four construction contracts totaling $13,718,317.62 for the Residential Street Rebuild Program as follows: for street reconstruction with Rovan Texas LLC in an amount of $4,540,292.03, for street rehabilitation with JE Construction Service in an amount of $3,081,597.49, Haas-Anderson Construction Ltd. in an amount of $3,131,483.15, and Haas-Anderson Construction Ltd. in an amount of $2,964,944.95, located City-wide, with funding available from the Street Bond 2018 Program and FY2020 Storm Water, Wastewater, Water and Page 4 City of Corpus Christi Printed on 6/8/2020 June 9, 2020City Council Meeting Agenda - Final-revised Gas Funds. Sponsors:Engineering Services and Utilities Department General Consent Items 18.20-0581 Resolution authorizing the submission of a grant application in an amount of $410,973.00 to the Automobile Burglary and Theft Prevention Authority to continue the Motor Vehicle Theft Unit activities in the Police Department with a City cash match of $746,168.00 to fund three sworn officers and two civilians, an in-kind match of $63,727.00 and a program income match of $2,161.00 for a total budget of $1,223,029.00. Sponsors:Police Department 19.20-0617 Resolution approving FY 2020-2021 grant application for the Beach Cleaning and Maintenance Assistance Program from the Texas General Land Office for an estimated amount of $70,000 to provide beach cleaning and maintenance on North Padre Island and Mustang Island. Sponsors:Parks and Recreation Department 20.20-0619 Resolution approving participation in the Nueces County Community Action Agency programs to provide utility assistance to eligible City utility customers. Sponsors:Water Utilities Department K.RECESS FOR LUNCH L.PUBLIC HEARINGS: (ITEMS 21 - 23) 21.20-0566 Zoning Case No. 0420-01, Mostaghasi Enterprises, Inc. (District 5). Ordinance rezoning property at or near 8102 Yorktown Boulevard from the “FR” Farm Rural District to the “RS-6” Single-Family 6 District and “CG-2” General Commercial District. Planning Commission and Staff recommend Approval. Sponsors:Development Services 22.20-0567 Zoning Case No. 0420-02, Branch Towers III. LLC. (District 3). Ordinance rezoning property at or near 4701 Ayers Street from the “IL” Light Industrial District to the “IL/SP” Light Industrial District with a Special Permit. Planning Commission and Staff recommend Approval. Sponsors:Development Services 23.20-0598 Ordinance closing, abandoning and vacating an unimproved 1.8-acre portion of Starry Road out of Flour Bluff and Encinal Farm and Garden Tracts for development of a new subdivision. (District 5) Sponsors:Development Services M.REGULAR AGENDA: Page 5 City of Corpus Christi Printed on 6/8/2020 June 9, 2020City Council Meeting Agenda - Final-revised N.FIRST READING ORDINANCES: (ITEMS 24 - 27) 24.20-0583 Ordinance accepting a grant in the amount of $228,129.00 from the State of Texas Governor’s Homeland Security Grants Division for Operation Stonegarden for border security; and appropriating $228,129.00 in the Police Grants Fund. Sponsors:Police Department 25.20-0600 Ordinance authorizing the acceptance of a grant from the Office of the Attorney General-Office of Juvenile Justice and Delinquency Prevention for the Internet Crimes Against Children (ICAC) Task Force program, in the amount of $10,000.00 to purchase equipment and supplies for the ICAC program within the Police Department; and appropriating the $10,000.00 in the Police Grants Fund. Sponsors:Police Department 26.20-0513 Ordinance authorizing acceptance of $15,000 grant from the Coastal Bend Regional Advisory Council for the City's WebEOC operations; and appropriating $15,000 into Fire Grant Fund. Sponsors:Fire Department 27.20-0629 Ordinance authorizing the Interlocal Agreement with Nueces County for City Lifeguard Services. The City will provide 4 lifeguards at the public beach within Nueces County Padre Balli Park from 3 lifeguard stands dispersed between Access Roads 5 and 6 for the period of May 22 through September 7, 2020. Nueces County will reimburse the City for the costs of lifeguard services, equipment and supplies at a cost of $40,700 to be appropriated into the General Fund. Sponsors:Parks and Recreation Department O.BRIEFINGS: P.EXECUTIVE SESSION: (ITEM 28) 28.20-0654 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 sales taxes remitted by Comptroller, refund required pursuant to audit of sales tax payments, legal remedies, rights, and applicable laws, and potential litigation related thereto. Q.IDENTIFY COUNCIL FUTURE AGENDA ITEMS R.ADJOURNMENT Page 6 City of Corpus Christi Printed on 6/8/2020 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, May 12, 2020 Addendums may be added on Friday. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:32 a.m. Invocation to be given by Mayor Joe McComb.B. Mayor McComb gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag.C. Mayor McComb led the Pledge of Allegiance to the flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Note: Council Member Greg Smith participated by video conference. Council Member Michael Hunter participated telephonically. Mayor McComb took a moment to recognize Municipal Clerks Week, May 3-9, 2020. He also declared the month of May as Municipal Clerks Month. Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Present:9 - Page 1City of Corpus Christi Printed on 6/2/2020 May 12, 2020City Council Meeting Minutes PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting-agendas-minutes-video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary’s instructions, which shall be posted on the City Secretary’s door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. E. Mayor McComb referred to comments from the public. The following people submitted public comments which are attached to the minutes: Mary Ehrmin, 1717 Waldron Rd.; Justin Stringer; and Stephanie Hatridge, 415 Cole St. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:F. Mayor McComb referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: 1) General Fund Revenues. 2) General Fund Update. 3) Airport Fund Revenues. 4) Airport Revenues. 5) Initial COVID-19 Impact Solution. 6) Development Services Fund Revenues. 7) Development Services Fund Projected Revenue Impact. 8) Development Services Revenues and Solution. 9) Water Fund Revenues. 10) Water Revenue. 11) Water Revenues. 12) Initial COVID-19 Impact Solution. 13) Wastewater Fund Revenues. 14) Wastewater Revenues. 15) Budget Revenue Shortfall Impact Solution. 16) Visit Corpus Christi (Convention and Visitors' Bureau-CVB). 17) Hotel Occupancy Tax Projected Revenue Impact. 18) State Hotel Occupancy Tax Revenues. 19) American Bank Center. 20) Impact on American Bank Center Capital Improvement Projects. 21) Initial COVID-19 Impact Solution. 22) Impacts on Regional Economic Development Corporation. 23) Initial COVID-19 Impact Solution. 24) Impacts of Coronavirus on Downtown Budget. 25) Next Steps. 26) Page 2City of Corpus Christi Printed on 6/2/2020 May 12, 2020City Council Meeting Minutes Recognition of National Police Week. 27) Introduction of New Executives. 28) Health and Wellness Initiative. Council Members and City Manager Zanoni discussed the following topics: a council member's concern regarding wastewater revenue shortfall; the rate model, which was prepared by consultants, included incorrect assumptions; rather than use consultants, the goal is to have in-house rate analysts; if we remove the wastewater fund issue, where would we be in terms of the budget shortfall; a council member's requests for all funds summary; question about using fund balance for advertising to bring more people to Corpus Christi; Nueces County Judge Barbara Canales has created a beach task force that Council Members Guajardo and Smith serve on; and a council member's request to summarize where the reserve funds are being utilized. GOVERNMENT ACTIONS RELATED TO CORONA VIRUSa. Director of Public Health District Annette Rodriguez presented an update on COVID-19: 147 positive cases to date; the age group of 30-49 is the most prominent; drive thru testing; notable cases; and stop the spread of germs. Council Members, City Manager Peter Zanoni, and Director Annette Rodriguez discussed the following topics: if any testing has been done at childcare facilities; all people who test positive for COVID-19 have to be removed from work; has tracing been done to determine where the positive testing started; Nueces County has a low percentage of positive testing and deaths; and new guidelines will be available from CDC on probable cases. OTHERb. MINUTES:G. 1.Regular Meeting of April 21, 2020 A motion was made by Council Member Garza, seconded by Council Member Guajardo that the Minutes be approved. The motion carried by a unanimous vote Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 BOARD & COMMITTEE APPOINTMENTS:H. 2.Motion ratifying the appointment of Intergovernmental Relations Director Tammy Embrey as the City's delegate to the Texas Municipal League (TML) Municipal Policy Summit. Mayor McComb referred to Item 2. City Secretary Rebecca Huerta stated that Mayor McComb is requesting ratification of the appointment of Tammy Embrey as the City's delegate to the Page 3City of Corpus Christi Printed on 6/2/2020 May 12, 2020City Council Meeting Minutes Texas Municipal League (TML). A motion was made by Council Member Garza, seconded by Council Member Guajardo. The motion was approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: M2020-097 EXPLANATION OF COUNCIL ACTION:I. CONSENT AGENDA (ITEMS 3 - 23)J. Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council members requested that Items 5, 20 and 21 be pulled for individual consideration. There were no comments from the Council; or written testimony from the public. A motion was made by Council Member Garza, seconded by Council Member Roy to approve the Consent Agenda with the exception of Items 5, 20 and 21. The motion was approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 3.Ordinance Extending the Local State of Disaster as related to Covid-19 Declared and Renewed by the Mayor of the City of Corpus Christi, Texas; and declaring an emergency. This Emergency Ordinance was passed on the consent agenda. Enactment No: 032100 4.Ordinance authorizing the acceptance and appropriation of a grant contract in the amount of $285,679.00, from the Texas Department of State Health Services in the Health Grants Fund, to perform activities in support of Coronavirus 19 (COVID-19) May 12, 2020, through March 15, 2021; and declaring an emergency. This Emergency Ordinance was passed on the consent agenda. Enactment No: 032101 Consent - Second Reading Ordinances Page 4City of Corpus Christi Printed on 6/2/2020 May 12, 2020City Council Meeting Minutes 5.Zoning Case No. 0220-02, J3PV Investment, LP. (District 4). Ordinance rezoning property at or near 113 Porto Villageo Drive from the “RM-AT” Multifamily AT District to the “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development. Planning Commission and Staff recommend Approval with the condition that the side yard setback shall be 3 feet where the PUD adjoins lots that are not part of the development. Mayor McComb referred to Item 5. City Secretary Huerta said the public hearing and first reading ordinance were considered by the Council on April 21, 2020. Public comments were included in the zoning report that the Council received, but these comments were not read into the record because they were no received according to Council's COVID-19 public comment procedures. Although not legally required, in the spirit of inclusiveness, City Secretary Huerta read the following public comments into the record, which are also attached to the minutes: Adam Monaco; Kathleen Acock, 105 Porto Villageo Dr.; James Read Robison, 146 Villa Pamplona Dr.; Bruce and Cindy Clark, 145 Porto Villageo Dr.; Steve Goolsby, 122 Villa Pamplona Dr.; Manuel and Iliana Diaz, 6506 Villa Soria Dr.; Elisa and David Verratti, 129 Porto Villageo Dr.; Jonathan Rogero, 105 Porto Villageo Dr.; Laurie and Bill Miggins, 101 Porto Villageo Dr.; William Kevin Pitchford, 14493 SPID; Trey and Katie LaQuey, 6501 Villa Castellon Dr.; and D. McCall, 703 Osuna Rd. Council Members and Director of Development Services Al Raymond discussed the following topics: the deed restriction is between the developer and the land owner; there have not been any homes built in the last ten years; no street parking will be allowed; there has not been any development since 2001 other than the nine homes that have been built; and this development could be like two separate subdivisions. Mr. Raymond said staff was recommending an amendment to Section 2 of the ordinance prior to second reading as follows: "all structures in zone A13 or AE must have the top of the bottom floor at or above two feet above the adopted Base Flood Elevation. All structures in zone V13 or VE must have the bottom of the lowest horizontal member at or above two feet above Base Flood Elevation." Council Member Guajardo made a motion to amend the ordinance recommended by staff, seconded by Council Member Garza. The motion passed 8-1, Council Member Hernandez voting "No". Council Member Smith made a motion to approve the ordinance as amended, seconded by Council Member Guajardo. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Nay:Council Member Hernandez1 - Abstained:0 Enactment No: 032102 Page 5City of Corpus Christi Printed on 6/2/2020 May 12, 2020City Council Meeting Minutes 6.Zoning Case No. 0220-04, Nazari Mohammad Rezaei (District 3). Ordinance rezoning property at or near 5506 Cain Drive from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District. Planning Commission and Staff recommend Denial of the change to the “CN-1” Neighborhood Commercial District in lieu thereof, approval of the “RS-6/SP” Single-Family 6 District with a Special Permit with conditions. A ¾ favorable vote is required to overrule Planning Commission recommendation. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032103 7.Zoning Case No. 0320-01, Margo Lyn Moore (District 4). Ordinance rezoning property at or near 7517 South Padre Island Drive (State Highway 358) from the “RS-6” Single-Family 6 District to the “CG-2” General Commercial District. Planning Commission and Staff recommend Approval. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032104 8.Ordinance accepting $281,250.00 Air Quality Planning Grant from Texas Commission on Environmental Quality and appropriating in the Community Enrichment Grant Fund . This Ordinance was passed on second reading on the consent agenda. Enactment No: 032105 9.Ordinance authorizing the conversion of 12 Firefighter I positions to Firefighter II - EMS for a total cost of $30,888 to provide adequate staffing of an additional medic unit that is being placed into service in District 2 at Fire Station 7 in accordance with the FY2020 budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032106 Consent - Contracts and Procurement 10.Resolution authorizing a three-year supply agreement with Teleflex, LLC for a total amount not to exceed $193,839.80 for the purchase of battery-powered EZ-IO needles and drills used for intraosseous infusion used by the Corpus Christi Fire Department’s Emergency Medical Services Paramedics, with FY 2020 funding in an amount of $62,935.00 available through the General Fund. This Resolution was passed on the consent agenda. Enactment No: 032107 Page 6City of Corpus Christi Printed on 6/2/2020 May 12, 2020City Council Meeting Minutes 11.Motion authorizing a three-year service agreement with Juan Sanchez, dba Drain King for a total amount not to exceed $55,290.00 for plumbing services and repairs for the Corpus Christi International Airport (CCIA), effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $9,215.00 available through the Airport Fund. This Motion was passed on the consent agenda. Enactment No: M2020-087 12.Motion authorizing an amendment to a Service Agreement for Cellular Services for Phones, Wireless Devices and Connectivity with T-Mobile USA, Inc. for an amount not to exceed $91,536.00, increasing the service agreement value to $2,292,000.00 for cellular services, with FY 2020 funding in an amount of $38,140.00 available through various funds. This Motion was passed on the consent agenda. Enactment No: M2020-088 13.Resolution authorizing two, 24-month service agreements with one additional twelve-month option period for mowing and grounds maintenance with each of the following Contractors: Dorame General Repair & Lawn, LLC, in an amount not to exceed $52,000.00 for Group 9 and Manning Lawn Care and Landscaping, LLC, in an amount not to exceed $40,832.00 for Group 10, effective upon issuance of notice to proceed, with FY 2020 funding in an amount of $15,500.00 available through the General Fund. This Resolution was passed on the consent agenda. Enactment No: 032108 14. Resolution authorizing five, 24-month service agreements, with one additional twelve-month option period for mowing and grounds maintenance of Parks and Recreation Parks Groups 6, 7 and 8 and Storm Water Groups 7 and 8 with each of the following vendors respectively: Manning Lawn Care and Landscaping, LLC for Parks Group 6 in an amount not to exceed $98,890.00; Dorame General Repair & Lawn, LLC for Parks Group 7 in an amount not to exceed $96,000.00 and for Parks Group 8 in an amount not to exceed $44,000.00; Tony’s Lawn Service for Storm Water Group 7 in an amount not to exceed $47,960.00 and for Storm Water Group 8 in an amount not to exceed $196,720.00, effective upon issuance of notice to proceed, with funding in an amount of $39,815.00 available through the FY 2020 General Fund and $40,780.00 available through the FY 2020 Storm Water Fund. This Resolution was passed on the consent agenda. Page 7City of Corpus Christi Printed on 6/2/2020 May 12, 2020City Council Meeting Minutes Enactment No: 032109 15.Resolution authorizing a three-year service agreement in an amount not to exceed $104,040.00 with Lawn in Order, for mowing and grounds maintenance of Storm Water drainage ditches, with funding in an amount of $11,560.00 available in the FY 2020 Storm Water Fund. This Resolution was passed on the consent agenda. Enactment No: 032110 16.Motion authorizing a three year service agreement in an amount not to exceed $1,049,976.00 with 2Chainz Brushing and Clearing, LLC, for mowing of storm water drainage ditches, with funding in an amount of $116,664.00 available in the FY 2020 Storm Water Fund. This Motion was passed on the consent agenda. Enactment No: M2020-089 17.Motion authorizing amendment number five with Coastal Maintenance Concepts, LLC, for a total not to exceed amount of $90,000.00 increasing the service agreement value to $1,518,892.50 for sweeping services, with funding in an amount of $90,000.00 available in the FY 2020 Storm Water Fund. This Motion was passed on the consent agenda. Enactment No: M2020-090 18.Motion authorizing a lease-purchase of one used cold planer milling machine from Holt Cat, for a total amount of $617,032.80, to be used by Public Works/Street Operations to remove deteriorated asphalt in preparation of the new pavement surface, effective upon issuance of letter of acceptance, with FY 2020 funding in the amount of $41,135.52 available through the Streets Fund. This Motion was passed on the consent agenda. Enactment No: M2020-091 19.Motion authorizing a lease-purchase of one crawler dozer and one wheel loader from Doggett Heavy Machinery Services, LLC, for a total amount of $676,535.69 to be used by Solid Waste Services for the brush disposal area, effective upon issuance of letter of acceptance with FY 2020 funding in the amount of $45,102.38 available through the General Fund. This Motion was passed on the consent agenda. Enactment No: M2020-092 Page 8City of Corpus Christi Printed on 6/2/2020 May 12, 2020City Council Meeting Minutes Consent - Capital Projects 20.Motion awarding a construction contract to Port Enterprises Ltd., to replace the Central (La Retama) Library roof in the amount of $1,872,914, located in City Council District 1, funding is available through Bond 2012 and Bond 2018 funds. Mayor McComb referred to Item 20. There were no comments from the Council. Council Member Garza made a motion to approve the motion, seconded by Council Member Hernandez. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Roy and Council Member Smith 7 - Absent:Council Member Barrera1 - Abstained:Council Member Molina1 - Enactment No: M2020-093 21.Motion awarding Amendment No. 2 to a contract with Freese and Nichols, Inc. for engineering services to design and prepare construction documents for Spillway Electrical Upgrades, Outlet Tower Improvements, new maintenance facility and other safety and maintenance improvements at the Choke Canyon Dam in the amount of $600,330, for a total contract value not to exceed $648,482, effective upon issuance of notice to proceed, with funding approved and available from Water Supply 2020 Capital Improvement Program Budget. Mayor McComb referred to Item 21. Council Members, City Manager Peter Zanoni, Director of Water Utilities Kevin Norton and Director of Engineering Services Jeff Edmonds discussed the following topics: why is the Capital Improvement Project (CIP) funding level twice the amount that was budgeted; additional items were added to the scope of work of the project; the amount in the CIP is not the total amount needed to complete this work; the royalties and bonuses were paid into a fund that can be used because the City owns some of the mineral rights; the need to have a plan on how to spend the money on the project; and what are the funding sources of the CIP. Council Member Barrera made a motion to approve the motion, seconded by Council Member Smith. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Page 9City of Corpus Christi Printed on 6/2/2020 May 12, 2020City Council Meeting Minutes Nay:Council Member Garza1 - Abstained:0 Enactment No: M2020-094 General Consent Items 22.Resolution authorizing outside city limits water contract with Matias Serrata Jr. to provide public water to his property located outside the city limits described as Lot 1, Block 1, Serrata Family Tract, also commonly known by its street address as 2447 County Road 51, under Corpus Christi Code Section 55-113. This Resolution was passed on the consent agenda. Enactment No: 032111 23.Resolution approving a pool of financial underwriters to be used on as needed rotational basis for five years for issuance of bonds with compensation to firms through the bond proceeds at the time of sale. This Resolution was passed on the consent agenda. Enactment No: 032112 RECESS FOR LUNCHK. The recess for lunch was held from 1:25 p.m. to 2:01 p.m. PUBLIC HEARINGS: (ITEM 24)L. 24.Ordinance authorizing an amendment to the Water Distribution Main Line Extension Construction and Reimbursement Agreement with Esther Ybarra to extend a line to a planned residential property located at 7541 Weber Road; and appropriating $11,929.50 from the Water Distribution Main Trust Fund to reimburse developer. (District 3) Mayor McComb referred to Item 24. Director of Development Services Al Raymond presented information on the following topics: vicinity map; and staff's recommendation. Mayor McComb opened the public hearing. There were no comments from the Council; or written testimony from the public. Mayor McComb closed the public hearing. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Page 10City of Corpus Christi Printed on 6/2/2020 May 12, 2020City Council Meeting Minutes Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Nay:Council Member Hernandez1 - Abstained:0 Enactment No: 032115 REGULAR AGENDA: (NONE)M. FIRST READING ORDINANCES: (ITEMS 25 - 27)N. 25.Ordinance abandoning and vacating a 5-foot wide by approximately 78-feet long (391 sq. ft.) portion of a 20-foot wide easement in Lot 10, Section 12, Flour Bluff and Encinal Farm and Garden Tracts. (District 4) Mayor McComb referred to Item 25. Director of Development Services Al Raymond presented information on the following topics: vicinity map; aerial overview; and staff's recommendation. There were no comments from the Council. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: 032116 26.Ordinance authorizing the delegation of the issuance of City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement and Refunding Bonds, Series 2020 for Water and Wastewater Utility improvements in an amount not to exceed $110,000,000 and refunding various series in an amount not to exceed $240,000,000, within set parameters and according to the plan of finance set by the City’s financial advisors to the City Manager, Chief Financial Officer, or Finance Director and authorizing other matters incident and related thereto. Mayor McComb referred to Items 26 and 27. Mr. Noe Hinojosa with Estrada Hinojosa, the City's financial advisor, presented information on the following topics: 2020 potential debt issuance summary; draft financing timetable; general obligation debt program; general obligation debt outstanding; GO taxable advance refunding debt monitor; tax-exempt current/delayed refunding and taxable advance refunding (all bonds with Page 11City of Corpus Christi Printed on 6/2/2020 May 12, 2020City Council Meeting Minutes savings); GO sources and uses-combined new money and refunding plan of finance; tax rate impact: new money only (current market rates); and tax rate impact: new money and refunding. A Council Member, City Manager Peter Zanoni and Advisor Hinojosa discussed the following topics: the General Obligation (GO) side savings of refinancing is about $7 million and the water and sewer side savings are more significant; the number combined is nearly $31 million, therefore more work can be done; and confident that the rates will stay low. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Guajardo. This Ordinance was passed and approved on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: 032117 27.Ordinance authorizing the delegation of the issuance of City of Corpus Christi, Texas General Improvement and Refunding Bonds, Series 2020 related to Streets and City Facilities improvements in an amount not to exceed $96,000,000 and refunding various series in an amount not to exceed $94,100,000, within set parameters and according to the plan of finance set by the City’s financial advisors to the City Manager, Chief Financial Officer, or Finance Director and authorizing other matters incident and related thereto. See Item 26. Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: 032118 BRIEFINGS: (NONE)O. EXECUTIVE SESSION:P. IDENTIFY COUNCIL FUTURE AGENDA ITEMSQ. Mayor McComb referred to Identify Council Future Agenda Items. No Items were discussed or identified. ADJOURNMENTR. The meeting was adjourned at 3:40 p.m. Page 12City of Corpus Christi Printed on 6/2/2020 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, May 19, 2020 Addendums may be added on Friday. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:31 a.m. Invocation to be given by Mayor Joe McComb.B. Mayor McComb gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag.C. Mayor McComb led the Pledge of Allegiance to the flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Note: Council Members Gil Hernandez, Rudy Garza and Everett Roy participated by video conference. Council Member Michael Hunter participated telephonically. Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Present:9 - Page 1City of Corpus Christi Printed on 6/2/2020 May 19, 2020City Council Meeting Minutes PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting-agendas-minutes-video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary’s instructions, which shall be posted on the City Secretary’s door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. E. Mayor McComb referred to comments from the public. The following people submitted public comments which are attached to the minutes: Zachary Crites; Timothy Oblad, 7721 Van Zandt Dr.; Carrie Robertson Meyer, 4401 Gulfbreeze Blvd.; Michele Spinelli, 202 Surfside Blvd.; and Debra K. Pope, 4242 Gulfbreeze Blvd. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:F. Mayor McComb referred to City Manager's Comments. City Manager Peter Zanoni and Assistant City Manager Keith Selman reported on the following topics: 1) City openings and closures for Memorial Day weekend. 2) Safe Fun-Fit at the Bayfront. 3) New Cole Park Pier update project completion summer 2021. Council Members and City Manager Zanoni discussed the following topics: that community involvement is important; and several community input events will be held. GOVERNMENT ACTIONS RELATED TO CORONA VIRUSa. Director of Public Health District Annette Rodriguez presented an update on COVID 19: statistics for May 18, 2020; total cases to date are 242; testing for Page 2City of Corpus Christi Printed on 6/2/2020 May 19, 2020City Council Meeting Minutes COVID-19; and update on notable cases. Council Member, Fire Chief Robert Rocha and Director Annette Rodriguez discussed the following topics: if there has been any coordination for testing at private sectors; what is the percentage of testing at nursing homes; the fire department has completed testing at two nursing homes; there are a total of 16 nursing homes in Corpus Christi; and the results on nursing homes is outstanding. OTHERb. Chief Financial Officer Constance Sanchez gave an update on the LiftFund program: Small Business Recovery Program; Status of Phase 1; Breakdown of Loans by Sector; Small Business Recovery Program Phase 2; and Small Business Recovery Program Phase 3. Director of Management and Budget Eddie Houlihan presented information on the following topics: Budget Adoption; Budget Workshops; Community Input Sessions; and Tax Rate. Council Members, Director Houlihan and CIty Manager Peter Zanoni discussed the following topics: if the governor declares a disaster then state property tax reform legislation could be on hold for two years and the rules could be suspended; would there be a workshop to discuss financial policies; and if there are any updates on FY 19/20 Budget regarding COVID-19 impact. MINUTES:G. BOARD & COMMITTEE APPOINTMENTS:H. EXPLANATION OF COUNCIL ACTION:I. CONSENT AGENDA: (ITEMS 1 - 10)J. Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council members requested that Items 2, 3 and 7 be pulled for individual consideration. There were no comments from the Council; or written testimony from the public. A motion was made by Council Member Guajardo, seconded by Council Member Molina to approve the Consent Agenda with the exception of Items 2, 3, and 7. The motion carried by the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Page 3City of Corpus Christi Printed on 6/2/2020 May 19, 2020City Council Meeting Minutes 1.One-reading ordinance accepting and appropriating Federal Aviation Administration Grant #59 in the amount of $6,521,022 pursuant to the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act for economic relief to eligible U.S. airports affected by the prevention of, preparation for, and response to the COVID-19 pandemic; and declaring an emergency. This Emergency Ordinance was approved on the consent agenda. Enactment No: 032113 Consent - Capital Projects 2.One-reading ordinance amending the FY 2020 Capital Improvement Program budget for project E11068 Nueces River Raw Water Pump Station in the amount of $771,662 and authorizing the execution of Change Order No. 2 with CSA Construction, Inc. of Houston, Texas, for several additional construction modifications, in the amount of $771,662 for a total restated fee of $13,721,662 located in City Council District 1, with funding available from the FY 2020 Water Capital Improvement Program Budget and the Water Fund. Mayor McComb referred to Item 2. A Council Member, City Manager Peter Zanoni and Director of Water Utilities Kevin Norton discussed the following topics: the amount budgeted in the Capital Improvement Plan (CIP)($10.8M) does not match the amount budgeted ($12.9M) for this project; the CIP was not changed during the last budget cycle; the $2.1 million difference is coming from the revenue bonds; a council member's suggestion to do an audit; and a council member's request for accuracy in the CIP fund. Council Member Hernandez made a motion to approve the ordinance, seconded by Council Member Smith. The Ordinance was passed and approved on emergency with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: 032114 Consent - Second Reading Ordinances 3.Ordinance authorizing an amendment to the Water Distribution Main Line Extension Construction and Reimbursement Agreement with Esther Ybarra to extend a line to a planned residential property located at 7541 Weber Road; and appropriating $11,929.50 from the Water Distribution Main Trust Fund to reimburse developer. (District 3) Page 4City of Corpus Christi Printed on 6/2/2020 May 19, 2020City Council Meeting Minutes Mayor McComb referred to Item 3. There were no comments from the Council. Council Member Guajardo made a motion to approve the ordinance, seconded by Council Member Molina. The Ordinance was passed and approved on second reading with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Molina, Council Member Roy and Council Member Smith 7 - Nay:Council Member Hernandez1 - Absent:Council Member Hunter1 - Abstained:0 Enactment No: 032115 4.Ordinance abandoning and vacating a 5-foot wide by approximately 78-feet long (391 sq. ft.) portion of a 20-foot wide easement in Lot 10, Section 12, Flour Bluff and Encinal Farm and Garden Tracts. (District 4) The Ordinance was passed on second reading on the consent agenda. Enactment No: 032116 5.Ordinance authorizing the delegation of the issuance of City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement and Refunding Bonds, Series 2020 for Water and Wastewater Utility improvements in an amount not to exceed $110,000,000 and refunding various series in an amount not to exceed $240,000,000, within set parameters and according to the plan of finance set by the City’s financial advisors to the City Manager, Chief Financial Officer, or Finance Director and authorizing other matters incident and related thereto. The Ordinance was passed on second reading on the consent agenda. Enactment No: 032117 6.Ordinance authorizing the delegation of the issuance of City of Corpus Christi, Texas General Improvement and Refunding Bonds, Series 2020 related to Streets and City Facilities improvements in an amount not to exceed $96,000,000 and refunding various series in an amount not to exceed $94,100,000, within set parameters and according to the plan of finance set by the City’s financial advisors to the City Manager, Chief Financial Officer, or Finance Director and authorizing other matters incident and related thereto. The Ordinance was passed on second reading on the consent agenda. Enactment No: 032118 Page 5City of Corpus Christi Printed on 6/2/2020 May 19, 2020City Council Meeting Minutes Consent - Contracts and Procurement 7.Motion authorizing a lease-purchase of one directional boring machine from Vermeer Texas-Louisiana, for a total amount of $254,472.60 to be used by Gas Operations to bore holes for natural gas lines, effective upon issuance of letter of acceptance, with FY 2020 funding in the amount of $4,241.21 available through the Gas Fund. Mayor McComb referred to Item 7. A Council Member and Director of Asset Management Jim Davis discussed the following topics: how the hours are being tracked on the new machine; and the older machine is consistently being maintained. Council Member Garza made a motion to approve the motion, seconded by Council Member Hernandez. this Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: M2020-095 General Consent Items 8.Resolution authorizing the submission of six grant applications to the Public Safety Office - Homeland Security Grants Division for the Homeland Security Grant Program to prevent terrorism and other catastrophic events in an amount of $423,413.91 for various functions of Public Safety. This Resolution was passed on the consent agenda. Enactment No: 032119 9.Motion to authorize renewal of an agreement with the United Corpus Christi Chamber of Commerce to support the operations and activities of the South Texas Military Task Force during Fiscal Year 2020 with the City contributing funds in an amount of $75,000. This Motion was passed on the consent agenda. Enactment No: 2020-096 10.Resolution authorizing a developer participation agreement with MPM Development, LP to reimburse developer up to $1,539,418.28 for the City’s share of the cost to construct Iron Throne Drive and Drogon Street. (District 3) Page 6City of Corpus Christi Printed on 6/2/2020 May 19, 2020City Council Meeting Minutes This Resolution was passed on the consent agenda. Enactment No: 032120 BRIEFINGS: (ITEM 18)O. 18.Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (Q1 2020) Mayor McComb referred to Item 18. President and CEO Iain Vasey presented information on the following topics: Employment by Sector for Corpus Christi MSA; CCREDC COVID-19 Response; Business Attraction & Recruitment; Business Retention & Expansion; Economic Impact Study; Second Survey; and Keeping in Touch. RECESS FOR LUNCHK. PUBLIC HEARINGS: (ITEMS 11 - 13)L. 11.Zoning Case No. 0320-02, Juan Romero (District 5). Ordinance rezoning property at or near 7614 Slough Road from the “FR” Farm Rural District to the “RS-6” Single-Family 6 District. Planning Commission and Staff recommend Approval. Mayor McComb referred to Item 11. Director of Development Services Al Raymond presented information on the following topics: the purpose of this item is to allow for a single family home to gain access to public utilities; aerial overview; zoning pattern; and Planning Commission's and staff's recommendation. Council Members and Director Raymond discussed the following topics: utilities are provided for farm rural, but this property is not platted so it does not have utilities; and that apartments cannot be constructed in a R-6 zoning district. Mayor McComb opened the public hearing. There was no written testimony from the public. Mayor McComb closed the public hearing. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 12.Zoning Case No. 0320-03, Mostaghasi Investment Trust (District 1). Ordinance rezoning property at or near 14206 Leos Court from the Page 7City of Corpus Christi Printed on 6/2/2020 May 19, 2020City Council Meeting Minutes “CN-1” Neighborhood Commercial District to the “RS-6” Single-Family 6 District. Planning Commission and Staff recommend Approval. Mayor McComb referred to Item 12. Director of Development Services Al Raymond presented information on the following topics: the purpose of this item is to allow for the construction of single family homes; aerial overview; zoning pattern; and Planning Commission's and staff's recommendation. Mayor McComb opened the public hearing. There were no comments from the Council; or written testimony from the public. Mayor McComb closed the public hearing. Council Member Guajardo made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 13.Ordinance authorizing the transfer of $590,000.00 from the Sanitary Sewer Collection Line Trust Fund, $310,000.00 from the Water Distribution Main Trust Fund and $375,000.00 from the Water Arterial Transmission and Grid Main Trust Fund to the Sanitary Sewer Trunk Main Trust Fund to meet the funding obligation for a Wastewater Force Main and Lift Station Construction and Reimbursement Agreement with Tamez Development approved by Council on February 18, 2020. Mayor McComb referred to Item 13. Director of Development Services Al Raymond presented information on the following topics: the purpose of this item is to authorize the transfer of funds to the sanitary sewer trunk main trust fund; trust funds transfer; trust funds balance; and staff's recommendation. Mayor McComb opened the public hearing. There was no written testimony from the public. Council Members, Assistant Director of Financial Services Alma Casas, Director of Finance Heather Hurlbert, and Director Raymond discussed the following topics: a Council Member's concern that a specific project drained the trust fund; staff's response that due to human error, the beginning balances of the trust fund were incorrect, making the fund appear to have more money than it did; today's action corrects the error; and the fund balance is low because the City spent money on multiple projects. Mayor McComb closed the public hearing. Council Member Guajardo made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and Page 8City of Corpus Christi Printed on 6/2/2020 May 19, 2020City Council Meeting Minutes approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 REGULAR AGENDA: (NONE)M. FIRST READING ORDINANCES: (ITEMS 14 - 17)N. 14.Ordinance abandoning and vacating a utility easement (5,469 square feet), with dimensions of 10-foot wide for approximately 108-feet and a 20-foot wide for approximately 220-feet, out of Block B-2E, in Cullen Place, located at 542 Airline Road for the construction of a new carwash business on the property. (District 4) Mayor McComb referred to Items 14-17. In relation to Item 15, Council Members and City Manager Peter Zanoni discussed the following topics: if we can refurbish the properties to affordable housing developers; there is currently not a real estate position for the City; and that the City needs to sell the properties. There was no written testimony from the public. Council Member Molina made a motion to approve Items 14-17, seconded by Council Member Guajardo. These Ordinances were passed on first reading and approved by one vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 15.Ordinance authorizing the resale of 30 properties for $253,545.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $29,268.51 plus $55,116.93 for partial payment of City paving and demolition liens. This Ordinance was passed on first reading and approved by one vote (see Item 14). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 16.Ordinance adding Corpus Christi Bay, Nueces Bay, and recently annexed territory to City Council Districts; and providing for an effective date. Page 9City of Corpus Christi Printed on 6/2/2020 May 19, 2020City Council Meeting Minutes This Ordinance was passed on first reading and approved by one vote (see Item 14). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 17.Ordinance appropriating $3,550,000 from the Public Works reserves fund balance to the Public Works General Fund Operating Budget; amending the FY 2020 Public Works Arterial and Collector Street Preventative Maintenance Program (SPMP) Budget from $3,440,000 to $6,990,000 and approving the general work plan for FY 2020 for a total amended budget of $6,990,000; with funding available from the FY 2020 Street, Stormwater, Water and Wastewater Funds. This Ordinance was passed on first reading and approved by one vote (see Item 14). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 EXECUTIVE SESSION:P. IDENTIFY COUNCIL FUTURE AGENDA ITEMSQ. Mayor McComb referred to Identify Council Future Agenda Items. No Items were discussed or identified. ADJOURNMENTR. The meeting was adjourned at 1:30 p.m. Page 10City of Corpus Christi Printed on 6/2/2020 DATE: May 12, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com (361) 886-2603 Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 CAPTION: One-Reading Ordinance authorizing the acceptance of a grant from the Department of Justice for the FY 2020 Coronavirus Emergency Supplemental Funding Program in an amount of $521,426.00 to fund overtime, equipment, and supplies related to the public safety response to Coronavirus for the Police and Fire Departments; and appropriating $260,731.00 in the Police Grants Fund and $260,695.00 in the Fire Grants Fund. SUMMARY: Funding is available from the Department of Justice – FY 2020 Coronavirus Emergency Supplemental Funding Program for overtime, equipment, and supplies related to public safety response to Coronavirus. The funds will be appropriated to the Police and Fire Departments. BACKGROUND AND FINDINGS: The Coronavirus Emergency Supplemental Funding Program funds are awarded to aid in the efforts to prevent, prepare for, and respond to Coronavirus. The funds will be used for overtime, equipment (including law enforcement and medical personal protective equipment), and supplies (such as gloves, masks, sanitizer). These funds will be utilized to pay for overtime, equipment and supplies purchased by the City since January 20, 2020 and to prepare for any future occurrences. The funds will support operations from January 20, 2020 to January 31, 2022. There is not a match required by the City. Acceptance of a grant from the Department of Justice - Coronavirus Emergency Supplemental Funding Program for the Police and Fire Departments AGENDA MEMORANDUM Action Item for the City Council Meeting of June 9, 2020 ALTERNATIVES: Not accept the grant and forfeit funding available to prevent, prepare for, and respond to the coronavirus. FISCAL IMPACT: There is not a match required by the City. Accept $521,426.00 in grant funding and appropriate $260,731.00 to the Police Grants Fund and $260,695.00 to the Fire Grants Fund. Funding Detail: Fund: 1061 Police Grants Organization/Activity: Mission Element: 051 Respond to calls for law enforcement services Project # (CIP Only): Account: 510200 Overtime 511000 Retirement 520090 Minor Tools and Equipment Fund: 1062 Fire Grant Organization/Activity: 35100 City Ambulance Mission Element: 888 Revenue Project # (CIP Only): Account: 520090 Minor Tools and Equipment RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award document One-Reading Ordinance authorizing the acceptance of a grant from the Department of Justice for the FY 2020 Coronavirus Emergency Supplemental Funding Program in an amount of $521,426.00 to fund overtime, equipment, and supplies related to the public safety response to Coronavirus for the Police and Fire Departments; and appropriating $260,731.00 in the Police Grants Fund and $260,695.00 in the Fire 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 Department of Justice, Office of Justice Programs for the FY2020 Coronavirus Emergency Supplemental Funding Program, in the amount of $521,426 for overtime, equipment, and supplies related to the public safety response to the Coronavirus for the Police and Fire Departments SECTION 2. That $260,731 is appropriated in the No. 1061 Police Grants Fund to be used for overtime, equipment, and supplies related to the public safety response to the Coronavirus for the Police Department. SECTION 3. That $260,695 is appropriated in the No. 106 2 Fire Grants Fund to be used for overtime, equipment, and supplies related to the public safety response to the Coronavirus for the Fire Department. SECTION 4. Upon the written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this 2nd day of June, 2020. PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca L. Huerta Joe McComb City Secretary Mayor TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, _________________________ _________________________ _________________________ _________________________ Joe McComb _________________________ Mayor _________________________ Council Members That the above ordinance was passed by t he following vote: Joe McComb _____________ Roland Barrera ____________ Rudy Garza _____________ Paulette M. Guajardo _____________ Michael Hunter _____________ Gil Hernandez _____________ Ben Molina ____________ Everett Roy ____________ Greg Smith ____________ Department of Justice (DOJ) Office of Justice Programs Washington, D.C. 20531Office of the Assistant Attorney General May 8, 2020 Chief Mike Markle City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401-2120 Dear Chief Markle: On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office of Justice Programs (OJP), U.S. Department of Justice (DOJ), has approved the application by City of Corpus Christi for an award under the OJP funding opportunity entitled "BJA FY 20 Coronavirus Emergency Supplemental Funding Program." The approved award amount is $521,426. These funds are for the project entitled Coronavirus Supplemental Funding Program. The award document, including award conditions, is enclosed. The entire document is to be reviewed carefully before any decision to accept the award. Also, the webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm) is to be consulted prior to an acceptance. Through that "Legal Notices" webpage, OJP sets out -- by funding opportunity -- certain special circumstances that may or will affect the applicability of one or more award requirements. Any such legal notice pertaining to award requirements that is posted through that webpage is incorporated by reference into the award. Please note that award requirements include not only award conditions, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. Because these requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds), it is vital that all key staff know the award requirements, and receive the award conditions and the assurances and certifications, as well as the application as approved by OJP. (Information on all pertinent award requirements also must be provided to any subrecipient of the award.) Should City of Corpus Christi accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Please direct questions regarding this award as follows: - For program questions, contact Wendy Y. Rose, Program Manager at (202) 514-7822; and - For financial questions, contact the Customer Service Center of OJP's Office of the Chief Financial Officer at (800) 458-0786, or at ask.ocfo@usdoj.gov. We look forward to working with you. Sincerely, Encl. Katharine T. Sullivan Principal Deputy Assistant Attorney General Director Michael L. Alston Department of Justice (DOJ) Office of Justice Programs May 8, 2020 Chief Mike Markle City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401-2120 Congratulations on your recent award. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with OJP and other DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal-opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know. Dear Chief Markle: Sincerely, cc:Grant Manager Financial Analyst Washington, DC 20531 Office of Civil Rights Grant PAGE 1 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401-2120 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD $ 0 $ 521,426 11. TOTAL AWARD $ 521,426 2a. GRANTEE IRS/VENDOR NO. 746000576 2b. GRANTEE DUNS NO. 069457786 3. PROJECT TITLE Coronavirus Supplemental Funding Program 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY20(BJA - CESF) Pub. L. No. 116-136, Div. B; 28 U.S.C. 530C 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.034 - Coronavirus Emergency Supplemental Funding Program 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE Katharine T. Sullivan Principal Deputy Assistant Attorney General AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. FISCAL YEAR FUND CODE BUD. ACT.OFC. DIV. REG.SUB.POMS AMOUNT VDBX 80 00 00 521426 VVDUGT0449 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Mike Markle Chief of Police 4. AWARD NUMBER:2020-VD-BX-0441 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 7. ACTION Initial 05/08/2020 TO TO 01/20/2020 01/20/2020 01/31/2022 01/31/2022 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL 16 AWARD CONTINUATION SHEET Grant PAGE 2 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/08/2020PROJECT NUMBER 2020-VD-BX-0441 SPECIAL CONDITIONS Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 1. OJP FORM 4000/2 (REV. 4-88) 16 AWARD CONTINUATION SHEET Grant PAGE 3 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/08/2020PROJECT NUMBER 2020-VD-BX-0441 SPECIAL CONDITIONS Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2020 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2020 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2020 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 2. 3. 4. OJP FORM 4000/2 (REV. 4-88) 16 AWARD CONTINUATION SHEET Grant PAGE 4 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/08/2020PROJECT NUMBER 2020-VD-BX-0441 SPECIAL CONDITIONS Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2018, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2018, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 5. 6. 7. OJP FORM 4000/2 (REV. 4-88) 16 AWARD CONTINUATION SHEET Grant PAGE 5 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/08/2020PROJECT NUMBER 2020-VD-BX-0441 SPECIAL CONDITIONS Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 8. OJP FORM 4000/2 (REV. 4-88) 16 AWARD CONTINUATION SHEET Grant PAGE 6 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/08/2020PROJECT NUMBER 2020-VD-BX-0441 SPECIAL CONDITIONS Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or 9. OJP FORM 4000/2 (REV. 4-88) 16 AWARD CONTINUATION SHEET Grant PAGE 7 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/08/2020PROJECT NUMBER 2020-VD-BX-0441 SPECIAL CONDITIONS any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E- Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 10. 11. 12. OJP FORM 4000/2 (REV. 4-88) 16 AWARD CONTINUATION SHEET Grant PAGE 8 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/08/2020PROJECT NUMBER 2020-VD-BX-0441 SPECIAL CONDITIONS Unreasonable restrictions on competition under the award; association with federal government SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. 13. OJP FORM 4000/2 (REV. 4-88) 16 AWARD CONTINUATION SHEET Grant PAGE 9 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/08/2020PROJECT NUMBER 2020-VD-BX-0441 SPECIAL CONDITIONS Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. 14. 15. 16. 17. 18. OJP FORM 4000/2 (REV. 4-88) 16 AWARD CONTINUATION SHEET Grant PAGE 10 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/08/2020PROJECT NUMBER 2020-VD-BX-0441 SPECIAL CONDITIONS Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 19. 20. 21. 22. 23. OJP FORM 4000/2 (REV. 4-88) 16 AWARD CONTINUATION SHEET Grant PAGE 11 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/08/2020PROJECT NUMBER 2020-VD-BX-0441 SPECIAL CONDITIONS Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2020) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY20AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 24. 25. 26. OJP FORM 4000/2 (REV. 4-88) 16 AWARD CONTINUATION SHEET Grant PAGE 12 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/08/2020PROJECT NUMBER 2020-VD-BX-0441 SPECIAL CONDITIONS Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 27. OJP FORM 4000/2 (REV. 4-88) 16 AWARD CONTINUATION SHEET Grant PAGE 13 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/08/2020PROJECT NUMBER 2020-VD-BX-0441 SPECIAL CONDITIONS Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. Signing Authority This award must be signed by an authorized official of the applicant State, local, or tribal government, on behalf of that applicant State, unit of local government, or Tribe, unless the applicant designates an organizational unit to apply on its behalf. For example, if designated by a unit of local government, a Police Department or Sheriff’s Office (or similar agency) may apply on behalf of the applicant jurisdiction, as long as the department, office, or agency is listed as the organizational unit on the SF-424. In that case, the head of the designated organizational unit (such as a Police Chief or Sheriff) may sign the award. Documentation of the designation by the appropriate governing body must be retained by the grant recipient. The "Emergency Appropriations for Coronavirus Health Response and Agency Operations" law (Public Law 116-136) includes definitions, reporting requirements, and certain other provisions that apply (whether in whole or in part) to this award. In addition, consistent with the CESF Program's purposes, which involve preparing for, preventing, and responding to the coronavirus national emergency, OJP will provide notice of any additional CESF program-specific grants administrative requirements on an award page, accessible at https://www.ojp.gov/funding/explore/CESF- program-specific-condition, that is incorporated by reference here. 28. 29. 30. 31. 32. OJP FORM 4000/2 (REV. 4-88) 16 AWARD CONTINUATION SHEET Grant PAGE 14 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/08/2020PROJECT NUMBER 2020-VD-BX-0441 SPECIAL CONDITIONS The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. Justice Information Sharing Recipients are encouraged to comply any information-sharing projects funded under this award with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) is encouraged to conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity. 33. 34. 35. 36. 37. 38. OJP FORM 4000/2 (REV. 4-88) 16 AWARD CONTINUATION SHEET Grant PAGE 15 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/08/2020PROJECT NUMBER 2020-VD-BX-0441 SPECIAL CONDITIONS Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/ or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https:/ / bja.gov/ Funding/ nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. Establishment of interest-bearing account If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish an interest-bearing account dedicated specifically to this award. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The award funds, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Coronavirus Emergency Supplemental Funding (CESF) program . The recipient also agrees to obligate the award funds in the account(including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. Expenditures requiring prior approval No funds under this award may be expended on individual items costing $500,000 or more, or to purchase Unmanned Aerial Systems (UAS), Unmanned Aircraft (UA), and/or Unmanned Aerial Vehicles (UAV) without prior written approval from BJA. Prior approval must be obtained post-award, through the submission and approval of a Grant Adjustment Notice (GAN) through OJP’s Grant Management System (GMS). 39. 40. 41. OJP FORM 4000/2 (REV. 4-88) 16 AWARD CONTINUATION SHEET Grant PAGE 16 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/08/2020PROJECT NUMBER 2020-VD-BX-0441 SPECIAL CONDITIONS Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after January 20, 2020 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (January 20, 2020), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award funds to "supplant" State or local funds. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non- governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic- resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ topics/ technology/ body-armor/ pages/ safety-initiative.aspx. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. 42. 43. 44. 45. OJP FORM 4000/2 (REV. 4-88) 16 Memorandum To: From: Subject: Washington, D.C. 20531 Orbin Terry, NEPA Coordinator Categorical Exclusion for City of Corpus Christi The Coronavirus Emergency Supplemental Funding (CESF) Program allows eligible states, local units of government, and tribes to support a broad range of activities including preventing, preparing for, and responding to the coronavirus. All recipients of CESF funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a sub-grantee or third party. BJA’s expectation is that none of the following activities will be conducted whether under this federal award or a related third party action: (1) New construction (2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100-year flood plain, a wetland, or habitat for an endangered species (3) A renovation that will change the basic prior use of a facility or significantly change its size (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment (5) Implementation of a program involving the use of chemicals (including the identification, seizure, or closure of clandestine methamphetamine laboratories) other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments. Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations. If, however, award funds are proposed to be used for any of the enumerated projects or activities above, grant recipients must contact their grant manager, and receive written approval prior to commencing that project or activity. Questions about this determination may be directed to your grant manager or Orbin Terry, Environmental Coordinator for BJA. Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance Official Grant File GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY 1. STAFF CONTACT (Name & telephone number) PROJECT NUMBER 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD 8. BUDGET PERIOD 9. AMOUNT OF AWARD 10. DATE OF AWARD 11. SECOND YEAR'S BUDGET 2020-VD-BX-0441 2. PROJECT DIRECTOR (Name, address & telephone number) 4. TITLE OF PROJECT 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) 5. NAME & ADDRESS OF GRANTEE Grant This project is supported under FY20(BJA - CESF) Pub. L. No. 116-136, Div. B; 28 U.S.C. 530C Pat Eldridge Management Services Director P. O.Box 9277 Corpus Christi, TX 78469-9016 (361) 886-2696 PAGE 11OF The Coronavirus Emergency Supplemental Funding (CESF) Program allows States, U.S. Territories, the District of Columbia, units of local government, and federally recognized tribal governments to support a broad range of activities to prevent, prepare for, and respond to the coronavirus. Funded projects or initiatives may include, but are not limited to, overtime, equipment (including law enforcement and medical personal protective equipment), hiring, supplies (such as gloves, masks, sanitizer), training, travel expenses (particularly related to the distribution of resources to the most impacted areas), and addressing the medical needs of inmates in state, local, and tribal prisons, jails, and detention centers. NCA/NCF Wendy Y. Rose (202) 514-7822 OJP FORM 4000/2 (REV. 4-88) Coronavirus Supplemental Funding Program City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401-2120 TO:01/20/2020 01/31/2022FROM:TO:01/20/2020 01/31/2022FROM: 05/08/2020 $ 521,426 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 3a. TITLE OF THE PROGRAM BJA FY 20 Coronavirus Emergency Supplemental Funding Program Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance DATE: April 18, 2020 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3938 CAPTION: One-Reading Ordinance authorizing the acceptance of a grant in an amount of $121,850.26 from the Public Health and Social Services Emergency Fund to respond to Coronavirus; and appropriating $121,850.26 into Fire Grant Fund. SUMMARY: This ordinance authorizes the acceptance of grant funding in an amount of $121,850.26 from the Public Health and Social Services Emergency Fund. The Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act, has been created by Legislature to address the economic fallout attributed to the 2020 Coronavirus (COVID- 19) pandemic in the United States. This bill addresses relief to the economic impacts of the COVID-19 outbreak. BACKGROUND AND FINDINGS: The grant funds originate from the CARES Act to help organizations that are impacted by COVID-19. The funds are awarded to be used to prevent, prepare, and respond to COVID-19. The funds will aid in the reimbursement that departments are in need of for healthcare related expenses or lost revenues attributed to COVID-19 response. The CARES Act grant funding in the amount of $121,850.26 will be used by the Corpus Christi Fire Department for day-to-day needs and unforeseen expenses that have arisen during this pandemic. The funds will be used to purchase equipment (medical personal protective equipment and decontamination equipment) and supplies (such as gloves, masks, sanitizer) to prepare for future COVID-19 related response activity. Acceptance of a Grant from the Public Health and Social Services Emergency Fund for Coronavirus Response Efforts AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting June 9, 2020 ALTERNATIVES: If we do not accept the grant, we will have to seek alternative funding. FISCAL IMPACT: Acceptance of grant funding in the amount of $121,850.26 and appropriating $121,850.26 to the Ambulance Grant Funds. Funding Detail: Fund: 1056 Organization/Activity: 820585F Mission Element: 888 Project # (CIP Only): Account: 305705 RECOMMENDATION: Staff recommends that City Council approve the acceptance and appropriation of this grant fund in the amount of $121,850.26. LIST OF SUPPORTING DOCUMENTS: Ordinance COF One-Reading Ordinance authorizing acceptance of grant in an amount of $121,850.26 from the Public Health and Social Services Emergency Fund to respond to coronavirus; and appropriating $121,850.26 into Fire Grant Fund. WHEREAS, the Corpus Christi Fire Department certifies that it billed Medicare in 2019; provides or provided after January 31, 2020 diagnoses, testing, or care for individuals with possible or actual cases of COVID-19; is not currently terminated from participation in Medicare; is not currently excluded from participation in Medicare, Medicaid, and other Federal health care programs; and does not currently have Medicare billing privileges revoked; and WHEREAS, the Corpus Christi Fire Department certifies that the Payment will only be used to prevent, prepare for, and respond to coronavirus, and shall only be reimbursed for health care related expenses or lost revenues that are attributable to coronavirus; and WHEREAS, the Corpus Christi Fire Department certifies that it will not use the Payment to reimburse expenses or losses that have been reimbursed from other sources or that other sources are obligated to reimburse. 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 grant from the Public Health and Social Services Emergency Fund in the amount of $121,850.26 to prevent, prepare for, and respond to coronavirus. SECTION 2. That $121,850.26 is appropriated in the No. 1062 Fire Grant Fund to prevent, prepare for, and respond to coronavirus. SECTION 4. Upon the written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this 9th day of June, 2020. PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca L. Huerta Joe McComb City Secretary Mayor TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, _________________________ _________________________ _________________________ _________________________ Joe McComb _________________________ Mayor _________________________ Council Members That the above ordinance was passed by the following vote: Joe McComb _____________ Roland Barrera ____________ Rudy Garza _____________ Paulette M. Guajardo _____________ Michael Hunter _____________ Gil Hernandez _____________ Ben Molina ____________ Everett Roy ____________ Greg Smith ____________ DATE: June 3, 2020 TO: Peter Zanoni, City Manager FROM: Constance P. Sanchez, Chief Financial Officer constancep@cctexas.com 361-826-3189 CAPTION: One reading ordinance approving an agreement between the City of Corpus Christi and the Corpus Christi Business and Job Development Corporation in an amount not to exceed $500,000.00 for Type A funding of arterial and collector streets within the City; approving a Chapter 380 agreement in an amount not to exceed $500,000.00 with Lift Fund, Inc. for a small business recovery program; appropriating $500,000.00 from the unreserved fund balance of the Business and Job Development Fund for use on the arterial and collector street improvements; amending the operating and capital budget. SUMMARY: This item is to approve a Chapter 380 agreement with LiftFund, Inc. for small business relief related to COVID-19 and a Type A project for the funding of repairs to arterial and collector streets within the City of Corpus Christi. The agreement is to add an additio nal $500,000 in funding to the program. BACKGROUND AND FINDINGS: Due to the “stay-at-home” orders from federal, state and local authorities resulting from the COVID-19 pandemic, most small businesses had to either reduce their staff and their hours of operation or closed completely. This has put a tremendous strain on those businesses, has resulted in many layoffs, and has impacted the local economy. The national unemployment rate is at 14.7 percent or 23.9 million unemployed persons as of May 26, 2020. In an effort to help these businesses either continue functioning or to ensure that they can reopen during this phased reopening period, these companies need assistance to get through the downturn. Small Business Recovery Program Agreement with LiftFund, Inc. and Type A AGENDA MEMORANDUM Action Item for the City Council Meeting of June 9, 2020 On April 3rd and April 7th, the Corpus Christi Business and Job Development Corporation (“Type A Corporation”) and the City of Corpus Christi City Council, respectively, approved an agreement in the amount of $2,000,000 to provide specific and measurable services for the promotion and development of new and expanded business enterprises through the repair of arterial and collector streets within the City, namely Patti Drive from Saratoga to Dunbarton Oaks and Shoreline Blvd/Ocean Drive from IH 37 to Louisiana, with the exclusion of any portion of the work completed prior to April 3, 2020. In exchange for the funds provided by the Type A Corporation for the repair of arterial and collector streets, the City created a small business incentive program through a Chapter 380 of the Texas Local Government Code that provides assistance to small businesses impacted by COVID-19. The small business incentive program has been providing loans to small businesses impacted by the COVID-19 pandemic for purposes of business development and incubation and the creation and retention of jobs within the City. The City entered into a Chapter 380 agreement with LiftFund, Inc. for the management and administration of the small business incentive program. This program has assisted 87 local businesses within a 5-week time frame by providing interest-free loans with a four-month deferral on the first payment. Additionally, as these loans will be paid back in the future, LiftFund, Inc. will deposit the repaid funds into the existing Dream Makers Fund to benefit local businesses with low-interest loans. As a result of the success of the program, a second phase of the program was requested from both the Type A Corporation and the City Council. On April 20, 2020 and April 21, 2020, Type A Corporation and the City of Corpus Christi City Council, respectively, approved a second agreement to provide specific and measurable services for the promotion and development of new and expanded business enterprises through the repair of arterial and collector streets within the city, namely Interstate 37 (IH-37) from Mesquite Street to Shoreline Boulevard (North) and Staples Street from South Padre Island Drive to Gollihar Road. While the Type A Board approved the total value of this programming at $2,500,000.00, the City Council decreased the value of the agreement from $2,500,000.00 to $1,000,000.00. The City Council also approved a second agreement with LiftFund, Inc. to administer a $1,000,000 loan program. As these loans will be paid back in the future, LiftFund, Inc. will return the repaid funds back to the City of Corpus Christi who will then reimburse the Type A Corporation for the amount of the repaid loans. This second phase has assisted over 40 local businesses and will be disbursed by mid-June. Because of the local demand for this program, City staff is recommending a third phase. The third agreement makes available an additional amount of $500,000.00 for the Street Preventative Maintenance Program (SPMP) for streets: Cooper’s Alley from Tancahua to Shoreline and Staples Street from South Padre Island Drive to Gollihar Road. This would also bring the total value of the City’s COVID-19 Small Business Recovery Loan Program to $3,500,000.00. Summary of City Council Authorization: April 7th, approved $2,000,000.00 April 21st, approved $1,000,000.00 June 8th, requesting approval for $500,000.00 ALTERNATIVES: The City Council could choose not to approve this agreement or not pass this ordinance for the recommended dollar amount or propose a different dollar amount. FISCAL IMPACT: The additional $500,000.00 will need to be appropriated, and the Fiscal Year 2019-2020 budget will need to be amended if this action is approved. If this item is approved today, the unreserved fund balance in the Type A Economic Development Fund will be $2,877,296.00. The Type A Economic Development Fund sales tax expired in 2018 and is no longer receiving sales tax revenue. Funding Detail: Fund: 1020 – General Fund Organization/Activity: 15100 – Economic Development Incentives Mission Element: 707 – Economic Development Project # (CIP Only): N/A Account: 540116 – 380 Agreement – LiftFund Fund: 1140 – Business and Job Development Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: 260800 – Unreserved Fund Balance RECOMMENDATION: Staff recommends approval of the small business assistance agreement with LiftFund, Inc. and the Type A funding of arterial and collector streets. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreements - Type A Agreement Amendment; 380 Agreement between the City of Corpus Christi and LiftFund, Inc. 1 One reading ordinance approving an agreement between the City of Corpus Christi and the Corpus Christi Business and Job Development Corporation in an amount not to exceed $500,000 for Type A funding of arterial and collector streets within the City; approving a Chapter 380 agreement in an amount not to exceed $500,000 with Lift Fund, Inc. for a small business recovery program; appropriating $500,000 from the unreserved fund balance of the Business and Job Development Fund for use on the arterial and collector street improvements; amending the operating and capital budget. WHEREAS, on November 5, 2002, residents of the City of Corpus Christi (“City”) passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded businesses enterprises within the City at a rate of one-eighth of a percent for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board (“Type A Board”); WHEREAS, the Type A Board has determined that it is in the best interest of the citizens of the City that economic development funds be used to fund repairs to specified arterial and collector streets through the City’s Street Preventative Maintenance Program and that the City create an economic development program for small business incentives related to the COVID-19 pandemic; WHEREAS, the following arterial and/or collector streets in the City are in need of repair: Interstate 37 (IH-37) from Mesquite Street to Shoreline Boulevard North and Staples Street from South Padre Island Drive to Gollihar Road and said streets are necessary for the promotion and development of new and expanded business enterprises within the City (the “Project”); WHEREAS, the Project is consistent with the purposes for which the Business and Job Development Fund was created and approved by the voters of the City, in that the use of the funds allows for the promotion or development of new and expanded business enterprises, the development of programs and facilities that assist small companies that can produce jobs of the future, and assistance to businesses for the creation of meaningful, wealth-producing jobs within the City; WHEREAS, Lift Fund, Inc. has proposed to administer a $500,000 program that aids small businesses within the City and requires the creation or retention of jobs; WHEREAS, the City has established a program in accordance with Article III, Section 52-a of the Texas Constitution and Chapter 380 of the Texas Local Government Code ("Chapter 380") under which the City has the authority to make loans or grants of public funds for the purposes of promoting local economic development and stimulating business and commercial activity within the City; 2 WHEREAS, the City has concluded and hereby finds that the proposed Chapter 380 agreement with Lift Fund, Inc. promotes economic development in the City of Corpus Christi and, as such, meets the requirements under Chapter 380 and the City's established economic development program, and, further, is in the best interests of the City; and WHEREAS, the City recognizes the positive economic impact that the proposed Chapter 380 agreement will bring to the City through development and diversification of the economy, reduction of unemployment and underemployment through the production of new jobs, the attraction of new businesses, and the additional tax revenue generat ed for the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings fo r all intents and purposes related to the authorization of this project. SECTION 2. That the project, as approved by the Type A Board on June 8, 2020, to expend $500,000 for Street Preventative Maintenance Program repairs to specified arterial and collector streets within the City is approved. SECTION 3. That $500,000 from the unreserved fund balance in the Fund No. 1140 Business/Job Development Fund is appropriated for the repairs to specified arterial and collector streets within the City. SECTION 4. That Ordinance No. 031870, which adopted the FY 2019-2020 Operating and Capital Budget, is amended to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $500,000 for the repairs to specified arterial and collector streets within the City and transferring these funds to the 1041 Street Fund , to decrease the expenditures in the No. 1020 General Fund for the transfer to the Street Maintenance by $500,000, and increase the expenditures in the No. 1020 General Fund by $500,000 for the Chapter 380 agreement with Lift Fund, Inc. SECTION 5. That the City Manager or designee is authorized to execute an agreement with the Corpus Christi Business and Job Development Corporation in an amount not to exceed $500,000 for Street Preventative Maintenance Program repairs to specified arterial and collector streets within the City and the creation of an economic development incentive program to provide assistance to small businesses for job creation and business development. SECTION 6. That the City Manager or designee is authorized to execute a Chapter 380 agreement with Lift Fund, Inc. in an amount not to exceed $500,000 to provide relief to small businesses within the City. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for 3 immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 9th day of June, 2020. This ordinance takes effect upon City Council approval on this the _____ day of ___________________, 2020. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor day of , 2020 Corpus Christi, Texas PASSED AND APPROVED on this the day of , TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Joe McComb Mayor Council Members 4 The above ordinance 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 1 of 3 AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI FOR REPAIRS TO ARTERIAL AND COLLECTOR STREETS AND CREATION OF SMALL BUSINESS INCENTIVE PROGRAM This Agreement for repairs to arterial and collector streets and creation of a small business incentive program (“Agreement”) is entered into between the Corpus Christi Business and Job Development Corporation (“Corporation”) and the City of Corpus Christi (“City”). WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City’s City Council (“City Council”) and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors (“Board”); WHEREAS, the Board wishes to provide funding for specified arterial and collector streets that promote or develop new and expanded business enterprises and allow the City to create and manage a small business incentive program in the amount of $500,000 to assist with COVID-19 recovery within the City; WHEREAS, the City wishes to create and manage a small business incentive program in the amount of $500,000 to assist with COVID-19 recovery within the City through an agreement with a third party; WHEREAS, the Board has determined that it is in the best interests of the residents of the City that the Corporation use business and job development funds to provide funding for specified arterial and collector streets that promote or develop new and expanded business enterprises and allow the City to create and manage a small business incentive program in the amount of $500,000 to assist with COVID-19 recovery within the City; NOW, THEREFORE, in consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the City agree as follows: 1. Agreement to Provide Economic Development Services. This Agreement between the Corporation and the City is executed to provide the specific and measurable services for the promotion and development of new and expanded business enterprises through the repair of arterial and collector streets within the City, namely Cooper’s Alley from Tancahua to Shoreline Boulevard and Staples from South Padre Island Drive to Gollihar Road. In exchange for the funds provided by the Corporation for the repair of arterial and collector streets, the City will repair said streets and create a small business incentive program, through Chapter 380 of the Texas Local Government Code, to aid small businesses impacted by COVID-19. The small business incentive program will provide low-interest loans to small businesses impacted by the COVID-19 pandemic for purposes of business development and incubation Page 2 of 3 and the creation and retention of jobs within the City. The City may enter into a Chapter 380 agreement with a third party for the management and administration of the small business incentive program. If the City fails to create a small busines s incentive program by September 30, 2020, the funds will be returned to the Corporation. 2. Payments. The Parties agree that the Corporation will pay the City an amount up to $500,000 by June 30, 2020. 3. Effective Date. The effective date of this Agreement is the date on which the City Council grants approval for this Agreement, and it is signed by all parties. 4. Term. The term of this Agreement is for one year beginning on the Effective Date and expiring twelve (12) months later. 5. Termination. The Parties may, by written agreement, terminate this Agreement at any time. In the event of such termination, the Corporation will be entitled to a refund of any funds not used as part of a small business incentive program by the date of termination. 6. Amendments or Modifications. No amendments or modifications to this Agreement or to the Services may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 7. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: If to Corporation: City of Corpus Christi Business and Job Development Corporation Attn: President 1201 Leopard Street Corpus Christi, Texas 78401 If to City: City of Corpus Christi Attn: City Manager’s Office 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78401 c. Notice is effective upon deposit in the United States mail in the manner provided above. Page 3 of 3 8. Relationship of Parties. In performing this Agreement, the Corporation and the City shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. CORPUS CHRISTI BUSINESS & CITY OF CORPUS CHRISTI JOB DEVELOPMENT CORPORATION Scott Harris Constance Sanchez President Chief Financial Officer Date: Date: ATTEST: Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: Assistant City Attorney 1 CHAPTER 380 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND LIFTFUND, INC. (Third 380 Agreement with LiftFund) This Chapter 380 Economic Development Incentive Agreement (“Agreement”) is entered into between the City of Corpus Christi, Texas, a home-rule municipality (“City”) and LiftFund, Inc. (“Nonprofit"), a Texas nonprofit corporation. WHEREAS, the City has established a program in accordance with Article III, Section 52- a of the Texas Constitution and Chapter 380 of the Texas Local Government Code ("Chapter 380") under which the City has the authority to make loans or grants of public funds for the purposes of promoting local economic development and stimulating business and commercial activity within the City; WHEREAS, the novel coronavirus, known as COVID-19, has created a global pandemic and led to shuttering of many local small businesses, which are in need of relief so that they may continue to provide meaningful, wealth-producing jobs in the future; WHEREAS, the Nonprofit has proposed to administer a grant and loan program for the City, which will serve as a business incubator to assist small businesses in their ongoing expenses and lead to the creation of meaningful, wealth -producing jobs within the City (the “Project”); WHEREAS, the Corpus Christi City Council has adopted Ordinance No. _______________, authorizing the City to make certain economic development loans up to $412,000 through Nonprofit to qualifying small businesses in the city in recognition of, conditioned upon and derived from the positive economic benefits that will accrue to City through Nonprofit’s administration of a loan and grant program providing relief to small businesses and requiring creation of jobs; WHEREAS, the City has concluded and hereby finds that this Agreement promotes economic development in the City of Corpus Christi and, as such, meets the requirements under Chapter 380 and the City's established economic development program, and, further, is in the best interests of the City and Nonprofit; WHEREAS, the City recognizes the positive economic impact that the Project will bring to the City through development and diversification of the economy, reduction of unemployment and underemployment through the production of new jobs, the attraction of new businesses, and the additional tax revenue generated by the Project for the City; and WHEREAS, to ensure that the benefits the City provides under this Agreement are utilized in a manner consistent with Article III, Section 52-a of the Texas Constitution, Chapter 380 of the Texas Local Government Code and other law, the Company has agreed t o comply with certain conditions to the payment of those benefits. 2 WHEREAS, City acknowledges that Nonprofit will charge borrower a 5% loan origination fee, paid by borrower over the life of the loan, which will be kept by Nonprofit. NOW, THEREFORE, in consideration of the mutual benefits described in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Company agree as follows: 1. The recitals to this Agreement are hereby incorporated for all purposes. 2. Effective Date. The effective date of this Agreement (“Effective Date”) is the latest date that either party executes this Agreement, or the date this Agreement has been finally approved by the Corpus Christi City Council. Company understands that this Agreement is dependent upon the approval of the Corpus Christ City Council. 3. Term. The term of this Agreement is for three years beginning on the Effective Date. 4. Performance Requirements. a. Nonprofit agrees to use the $500,000 described below as a loan fund to provide loans to small businesses in Corpus Christi, in accordance with the Nonprofit’s proposal, which is attached hereto as Exhibit A and incorporated by reference as if laid out herein in its entirety. b. Nonprofit agrees to provide the City with a sworn certificate by an authorized representative of the company, certifying the amount used. c. For every $25,000 in loans that Nonprofit provides to a small business in Corpus Christi, Nonprofit shall ensure that the funds will result in the creation of one new full-time permanent job in the city of Corpus Christi. In order to count as a permanent full-time job under this Agreement, the job should provide a “living wage” for the employee. The ta rget living wage under this Agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. d. Upon repayment of any loans funded through this Agreement, Nonprofit will remit the repaid funds to the City no later than two weeks after the end of each calendar quarter for as long as loan repayments are received by Nonprofit. These remittance requirements will survive the expiration or earlier termination of this Agreement. e. If at the end of the Term of this Agreement, any funds provided to Company under this Agreement have not been used to provide loans to small businesses within the City, Nonprofit shall immediately return those remaining funds to the City. 3 f. The City may audit Nonprofit’s records to determine their compliance with the terms of this Agreement. Nonprofit, during normal business hours shall allow City reasonable access to its records and books and all other relevant records related to each of the economic development considerations and incentives and performance requirements, as stated in this Agreement. 5. City’s Responsibility. The Nonprofit must first exhaust all prior funds made available by City to Nonprofit in the prior 380 Agreements for small business recovery before Nonprofit is eligible to apply for funds under this $500,000 380 Agreement. The City will make funds available to Nonprofit under this Agreement upon receipt of appropriate invoice and documentation in tranches of $100,000 until City disburses all funds available under this Agreement. Administrative fees totaling 17.65% of the loans (not to exceed $88,000) made by Nonprofit in conformance with this Agreement shal l be paid within 30 days after City receives a correct invoice and supporting documentation from Nonprofit. 6. Warranties. Nonprofit warrants and represents to City the following: a. LiftFund, Inc. is a non-profit corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and has all power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Nonprofit has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Nonprofit has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed an d all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Nonprofit acknowledges that the funds transferred under this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of Nonprofit is duly authorized to execute this Agreement on behalf of Company. f. Nonprofit does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Company is convicted of a violation under 8 U.S.C. Section 1324a(f), Company shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date Company has been notified of the violation. 7. Compliance with Laws. During the Term of this Agreement, Nonprofit shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 4 8. Non-Discrimination. Nonprofit covenants and agrees that Nonprofit will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Project, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the City or Nonprofit are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the City or Nonprofit are temporarily suspended during continuation of the force majeure. If either party’s obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Nonprofit may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the City. Such approval will not be unreasonably denied. Any attempted assignment without approval is void and constitutes a breach of this Agreement. 11. Indemnity. Nonprofit covenants to fully indemnify, save, and hold harmless the City, and its officers, employees, and agents (“Indemnitees”) against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers’ compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Nonprofit’s activities conducted under or incidental to this Agreement. Nonprofit must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. The requirements of this provision will survive the expiration or earlier termination of the Agreement. 12. Events of Default by Nonprofit. The following events constitute a default of this Agreement by Nonprofit: a. The City determines that any representation or warranty made by Nonprofit in this Agreement or in any financial statement, certificate, report, or opinion 5 submitted by Nonprofit to the City in connection with this Agreement was incorrect or misleading in any material respect when made. b. Any judgment is assessed against Nonprofit or any attachment or other levy against the property of Nonprofit with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Nonprofit makes an assignment for the benefit of creditors. d. Nonprofit files a petition in bankruptcy or is adjudicated insolvent or bankrupt. e. If taxes owed by Nonprofit become delinquent, and Nonprofit fails to timely and properly follow the legal procedures for protest or contest. f. Nonprofit changes the general character of business as conducted as of the date this Agreement is approved by the City. g. Nonprofit fails to comply with one or more terms of this Agreement. 13. Notice of Default. Should the City determine that Nonprofit is in default according to the terms of this Agreement, the City shall notify Nonprofit in writing of the event of default and provide 60 days from the date of the notice (“Cure Period”) for Nonprofit to cure the event of default. 14. Results of Uncured Default by Nonprofit. After exhausting good faith attempts to address any default during the Cure Period and taking into account any extenuating circumstances that might have occurred through no fault of Nonprofit, as determined by the City Manager, the following actions may be taken for any default that remains uncured after the Cure Period. a. Nonprofit shall immediately repay all funds paid by City to it under this Agreement. b. Nonprofit shall pay City’s reasonable attorney fees and costs of court to collect amounts due to City if not immediately repaid upon demand from the City. c. Upon payment by Nonprofit of all sums due, the City and Nonprofit shall have no further obligations to one another under this Agreement. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. 6 b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Nonprofit’s default may not be considered an estoppel against the City. d. It is expressly understood that if at any time Nonprofit is in default in any of its conditions or covenants of this Agreement, the failure on the part of the City to promptly avail itself of the rights and remedies that the City may have, will not be considered a waiver on the part of the City, but City may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 16. Nonprofit specifically agrees that City shall only be liable to Nonprofit for the actual amount of the money to be conveyed to Nonprofit, and shall not be liable to Nonprofit for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by City under the terms of this Agreement. Payment by City is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. 17. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year’s funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 18. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Nonprofit: LiftFund, Inc. Attn.: Janie Barrera 2007 West Martin Street San Antonio, Texas 78207 City: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 7 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Attorney P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the City and Nonprofit will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 8 23. Venue and Law. Venue for any legal action related to this Agreement is in Nueces County, Texas. This Agreement is subject to all legal requirements in City Charter and Code of Ordinances of City of Corpus Christi, Texas and all other applicable County, State and Federal laws, and Nonprofit agrees that it will promptly comply with all such applicable laws, regulations, orders and rules of the State, City and other applicable governmental agencies. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas without regard, however, to the conflicts of laws provisions of Texas law. 24. Sole Agreement. This Agreement constitutes the sole Agreement between City and Nonprofit. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14 shall survive the termination of this Agreement. 26. Public Information Act Requirements. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Nonprofit agrees that the contract can be terminated if the Nonprofit knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Certificate of Interested Parties. Nonprofit 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. [Remainder of Page Intentionally Left Blank] 9 City of Corpus Christi By: _______________________________ Peter Zanoni City Manager Date: ______________________________ Attest: By: ______________________________ Rebecca Huerta City Secretary LiftFund, Inc. By: ______________________________ Janie Barrera President and Chief Executive Officer Date: ______________________________ THE STATE OF TEXAS § § COUNTY OF BEXAR § This instrument was acknowledged before me on ___________________, 20 20, by Janie Barrera, President and Chief Executive Officer for LiftFund, Inc., a Texas non -profit corporation, on behalf of the corporation. _____________________________ Notary Public State of Texas APPROVED AS TO LEGAL FORM: Assistant City Attorney Date 10 Exhibit A CITY OF CORPUS CHRISTI COVID-19 SMALL BUSINESS RECOVERY PROGRAM PHASE THREE Small Business Recovery Program: The City of Corpus Christi is proposing a Small Business Recovery Program for small businesses located in Corpus Christi that are impacted by the COVID-19 pandemic. Through a redirection of $500,000 in the Corpus Christi Business and Job Development Fund for economic development, resources are made available for this program. The City will contract with LiftFund Inc. to administer the program. LiftFund Inc. is a San Antonio-based microlender that offers small loans to business owners. Businesses eligible to apply for this Small Business Recovery Program will be those within the Corpus Christi city limits with annual gross revenues of not more than $1,500,000 from all business activities at all business locations are eligible to apply. As loans are paid back, LiftFund Inc. will remit the repaid funds back to the City of Corpus Christi for reimbursement to the Corpus Christi Business and Job Development Fund. The fund will absorb any loan defaults – the losses being subtracted from the $412,000 loan fund reducing the amount of funds remitted to the City of Corpus Christi. How It Works: Business owners must apply online at www.liftfund.com to begin the application process and are subject to credit review and financial assessment Loans will range in value up to $25,000 at 0% interest and will be approved based on factors such as: need, location, planning, eligibility, and availability of funds Funds for loans may be used for working capital, covering expenses of debt, and workforce needs Once an application is approved, businesses will be asked to submit additional receipts and/or invoices for the items they are utilizing the funds Loan Terms: Initial 120-day deferral of principal and interest upon closing the loan 5% loan origination fee Terms are based on size of loan: o 24 months for loans up to $15,000 o 36 months for loans over $15,000 up to $25,000 It is intended for funding to take place within 10 days of receipt of required documentation and subsequent approval Eligibility: Annual gross revenues of not more than $1,500,000 from all business activities at all business locations in Corpus Christi for the last year from February 28, 2019 to March 1, 2020 11 Must be in good standing with creditors for at least six months prior to March 1, 2020 (COVID-19 outbreak) Loans are limited to businesses that are located in Corpus Christi and will reopen in same location Demonstrates a loss of at least 15% of revenue in the period beginning March 1, 2020 to the time of application Business information must be verified through one or more of the following: o Plaid access via LiftFund application, o Paper documentation via bank, o Business will demonstrate/show plan of action including assessment of financials to stabilize with funds as part of the assessment. The assessment and planning will be done as consultations with the applicants. Team members will assist and review with the applicants. This includes a plan of action and budget from the business demonstrating need and ability to proceed with funding. Required Documents: Last 90 days of bank or statements connected to business demonstrating expenses and revenue; business formation verification, plan of action document, any pending tax documentation items Application completed via liftfund.com website Documentation of expenses the loan will be used towards Service Fees: 17.65% of the loans made by Nonprofit in an amount not to exceed $88,000 Summary of Loan Program: This does not modify contract Amount Loan Fund $ 412,000 Service Fees – no more than 17.65% of loans made by Nonprofit $ 88,000 Subtotal (maximum amount paid by City) $ 500,000 Loan Origination Fee paid by Borrower [not City] (5% of each loan) $ 25,000 TOTAL LOAN FUND PROGRAM – not the amount payable by the City $525,000 12 DATE: March 23, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0320-02, Juan Romero (District 5). Ordinance rezoning property at or near 7614 Slough Road from the “FR” Farm Rural District to the “RS-6” Single-Family 6 District. SUMMARY: The purpose of the zoning request is to allow an existing single-family home to gain access to public utilities. BACKGROUND AND FINDINGS: The subject property is 0.527 acres in size. According to the applicant the purpose of the request is to allow an existing single-family home to gain access to public utilities. The applicant’s residence was constructed prior to annexation into the City of Corpus Christi. At the time of construction, the property did not have access to a public right-of-way. Recently, the applicant acquired property to allow connection to Slough Road and public utilities. However, the requirement to obtain a utility tap is that the land must be platted. The acquired property is currently zoned “FR” Farm Rural District and does not meet the minimum lot size of five acres. Therefore, the property must be rezoned to the “RS-6” District which has a minimum lot size of 6,000 square feet and will grant a path to conformity for the subject property. If the rezoning is approved, the applicant will still be required to replat the property into one lot. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the “RS-6” Single- Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining residential properties, and does not have a negative impact upon the adjacent properties. The property is currently vacant and is a remaining “FR” Farm Rural District property adjacent to the applicant’s residence. The subject property has remained undeveloped since annexation in 1995. Rezoning a property at or near 7614 Slough Road AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 05/19/20 Second Reading Ordinance for the City Council Meeting 05/26/20 Public Input Process Number of Notices Mailed 23 within 200-foot notification area 5 outside notification area As of March 13, 2020: In Favor 0 inside notification area 0 outside notification area In Opposition 1 inside notification area 0 outside notification area Totaling 1.81% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “FR” Farm Rural District to the “RS-6” Single-Family 6 District on March 18, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the FR” Farm Rural District to the “RS-6” Single- Family 6 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “FR” Farm Rural District to the “RS-6” Single-Family 6 District with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0320-02, Juan Romero (District 5). Ordinance rezoning property at or near 7614 Slough Road from the “FR” Farm Rural District to the “RS-6” Single-Family 6 District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Tract 1 and Tract II, Tract 1 being .397 acre out of a 2.79 acre tract described in Cause No. 2015-PR-00746-3, Probate of the Estate of Marvin Doyle Slouch, deceased, in the County Court at Law of Nueces County, Texas and said 0.397 acre Tract I also being out of the southwest 3.00 acres out of Lot 27, Section 26, Flour Bluff and Encinal Farm and Garden Tracts and Tract II being 0.130 acre out of a 2.79 acre tract described in Cause No. 2015-PR-00746-3, Probate of the Estate of Marvin Doyle Slouch, deceased, in the County Court at Law of Nueces County, Texas. and said 0.130 acre Tract II also being out of the southwest 3.00 acres out of Lot 27, Section 26, Flour Bluff and Encinal Farm and Garden Tracts as shown in Exhibit “A”: from the “FR” Farm Rural District to the “RS-6” Single-Family 6 District. The subject property is located at or near 7614 Slough Road. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. Page 2 of 6 SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, 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 __________ 2020, 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 _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 6 Exhibit A Page 5 of 6 Page 6 of 6 PLANNING COMMISSION FINAL REPORT Case No. 0320-02 INFOR No. 20ZN1007 Planning Commission Hearing Date: March 18, 2020 Applicant & Legal Description Owner: Juan Romero Applicant: Juan Romero Location Address: 7614 Slough Road Legal Description: Being 0.397 acre Tract 1 out of a 2.79 acre tract described in Cause No. 2015-PR-00746-3, Probate of the Estate of Marvin Doyle Slouch, deceased, in the County Court at Law of Nueces County, Texas. Said 0.397 acre Tract I also being out of the southwest 3.00 acres out of Lot 27, Section 26, Flour Bluff and Encinal Farm and Garden Tracts and 0.130 acre Tract II out of a 2.79 acre tract described in Cause No. 2015-PR-00746-3, Probate of the Estate of Marvin Doyle Slouch, deceased, in the County Court at Law of Nueces County, Texas. Said 0.130 acre Tract II also being out of the southwest 3.00 acres out of Lot 27, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Slough Road, east of Rodd Field Road, and west of Amethyst Drive. Zoning Request From: “FR” Farm Rural District To: “RS-6” Single-Family 6 District Area: 0.527 acres Purpose of Request: To allow for an existing single-family home to access public utilities. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “FR” Farm Rural Vacant Medium Density Residential North “RS-6” Single-Family 6 Low Density Residential Medium Density Residential South “RS-4.5” Single-Family 4.5 Low Density Residential Medium Density Residential East “FR” Farm Rural Vacant Medium Density Residential West “FR” Farm Rural Vacant Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the “RS-6” Single-Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 041030 City Council District: 5 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 90 feet of street frontage along Slough Road which is designated as a “C1” Minor Collector Street. According to the Urban Transportation Plan, “C1” Minor Collector Streets can convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Slough Road “C1” Minor Collector 60’ ROW 40’ paved 60’ ROW 30’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “FR” Farm Rural District to the “RS-6” Single-Family 6 District to allow for an existing single-family home to access public utilities. Development Plan: The subject property is 0.527 acres in size. The applicant has an existing home on an adjacent property. In order to access public utilities, the applicant must replat and rezone the property. The purpose of the rezoning is to reduce the minimum lot size from the five acre requirement of the “FR” Farm Rural District to the 6,000 square foot requirement of the “RS-6” Single-Family 6 District. The rezoning will bring the property into conformity with surrounding properties and eligibility to connect to public utilities. Existing Land Uses & Zoning: The subject property is currently zoned “FR” Farm Rural District, consists of vacant land, and has remained undeveloped since annexation in 1995. To the north and south are single-family residential subdivisions zoned “RS-6” Single-Family 6 District and “RS-4.5” Single-Family 4.5 District respectively. To the east and west are remaining large tract single-family residences zoned “FR” Farm Rural District. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12-inch C900 line located along Slough Road. Wastewater: 18-inch PVC line located along Slough Road. Gas: 4-inch Service Line located along Slough Road. Storm Water: Roadside ditches located along Slough Road. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for mixed uses. Staff Report Page 3 The proposed rezoning to the “RS-6” Single-Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties. • The existing home was constructed in 1980 on an unplatted property that was not annexed into the City until 1995. This year, the applicant was successful in acquiring adjacent portions of unplatted property to gain access to Slough Road and public utilities. • The applicant plans to connect the existing single-family home to public utilities. In order to obtain a tap to access public utilities, the property must be platted. However, as the property is currently 0.527 acres in size and zoned “FR” Farm Rural District, it does not meet the minimum lot size of 5 acres. This deficiency necessitates the rezoning to a lower lot size requirement and to remain consistent with the existing home that is zoned “RS-6” Single-Family 6 District. Planning Commission and Staff Recommendation (March 18, 2020): Approval of the change of zoning from the “FR” Farm Rural District to the “RS-6” Single- Family 6 District. Public Notification Number of Notices Mailed – 28 within 200-foot notification area 5 outside notification area As of March 13, 2020: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 1 inside notification area – 0 outside notification area Totaling 1.81% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0320-02 Juan Romero (Slough Road)/PC Documents/PC Report - Juan Romero.docx Staff Report Page 4 Staff Report Page 5 Juan Romero Rezoning for a Property at 7614 Slough Road From “FR” To “RS-6” Zoning Case #0320-02 N City Council May 12, 2020 2 Aerial Overview 3 Zoning Pattern 4 Approval of the “RS-6” Single-Family 6 District Planning Commission and Staff Recommendation 5 Public Notification 28 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 1 (1.81%) In Favor: 0 X 6 UDC Requirements Buffer Yards: N/A Setbacks: Street: 25 feet Side/Rear: 5 feet Parking: 2 per dwelling unit Uses Allowed: Single-Family Homes, Home Occupations, Group Homes 7 Utilities Water: 12-inch C900 Wastewater: 18-inch PVC Gas: 4-inch Service Line Storm Water: (Under Construction) DATE: April 7, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0320-03, Mostaghasi Investment Trust (District 1). Ordinance rezoning property at or near 14206 Leos Court from the “CN-1” Neighborhood Commercial District to the “RS-6” Single-Family 6 District. SUMMARY: The purpose of the zoning request is to allow for the construction of single-family homes. BACKGROUND AND FINDINGS: The subject property is 3.165 acres in size. The subject property was initially rezoned from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District in 2009. No development has occurred on the subject property. The applicant would like to rezone the subject property back to the “RS-6” Single-Family 6 District to allow 12 single-family homes. Conformity to City Policy The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for mixed uses. The proposed rezoning to the “RS-6” Single-Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining residential properties, and does not have a negative impact upon the adjacent properties. The property is currently vacant and has remained undeveloped since annexation in 1995. Public Input Process Number of Notices Mailed 23 within 200-foot notification area 7 outside notification area As of March 27, 2020: In Favor 1 inside notification area 0 outside notification area In Opposition 0 inside notification area 0 outside notification area Rezoning a property at or near 14206 Leos Court AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 05/19/20 Second Reading Ordinance for the City Council Meeting 05/26/20 Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “CN-1” Neighborhood Commercial District to the “RS-6” Single-Family 6 District on March 18, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the “CN-1” Neighborhood Commercial District to the “RS-6” Single-Family 6 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “CN-1” Neighborhood Commercial District to the “RS-6” Single-Family 6 District with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 0 Abstained: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0320-03, Mostaghasi Investment Trust (District 1). Ordinance rezoning property at or near 14206 Leos Court from the “CN-1” Neighborhood Commercial District to the “RS-6” Single-Family 6 District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lots 27 through 38, Block 1, River Ridge Unit 3 as shown in Exhibit “A”: from the “CN-1” Neighborhood Commercial District to the “RS-6” Single-Family 6 District. The subject property is located at or near 14206 Leos Court. Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. Page 2 of 4 SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, 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 __________ 2020, 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 _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 4 Exhibit A PLANNING COMMISSION FINAL REPORT Case No. 0320-03 INFOR No. 20ZN1008 Planning Commission Hearing Date: April 1, 2020 Applicant & Legal Description Owner: Mostaghasi Investment Trust Applicant: Urban Engineering Location Address: 14206 Leos Court Legal Description: Lots 27 through 38, Block 1, River Ridge Unit 3, located along Leos Court, west of County Road 69, and south of Northwest Boulevard (FM 624) Zoning Request From: “CN-1” Neighborhood Commercial District To: “RS-6” Single-Family 6 District Area: 3.165 acres Purpose of Request: To allow for the construction of single-family homes. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “CN-1” Neighborhood Commercial Vacant Mixed Use North “CG-2” General Commercial Professional Office Mixed Use South “RS-6” Single-Family 6 Low Density Residential Mixed Use East “RS-10” Single-Family 10 Low Density Residential Low Density Residential West “CG-2” General Commercial Commercial Mixed Use ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for mixed uses. The proposed rezoning to the “RS-6” Single-Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 067050 City Council District: 1 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 400 feet of street frontage along Leos Court which is designated as a “Local / Residential” Street and has approximately 200 feet of street frontage along County Road 69 which is designated as a “A1” Minor Arterial Street. According to the Urban Transportation Plan, “A1” Minor Arterial Streets can convey a capacity between 15,000 to 24,000 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Leos Court “Local/Residential” 50’ ROW 28’ paved 60’ ROW 35’ paved N/A County Road 69 “A1” Minor Arterial 95’ ROW 64’ paved 70’ ROW 30’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “CN-1” Neighborhood Commercial District to the “RS-6” Single-Family 6 District to allow for a single-family residential subdivision. Development Plan: The subject property is 3.165 acres in size. The subject property was initially rezoned from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District in 2009. No development has occurred on the subject property. The applicant would like to rezone the subject property back to the “RS-6” Single-Family 6 District to allow 12 single-family homes. Existing Land Uses & Zoning: The subject property is currently zoned “CN-1” Neighborhood Commercial District, consists of vacant land, and has remained undeveloped since annexation in 1995. To the north is a dialysis clinic zoned “CG-2” General Commercial District. To the south and east are single-family residential subdivisions zoned “RS-6” Single-Family 6 District and “RS-10” Single-Family 10 District respectively. To the west is a mini-storage business zoned “CG-2” General Commercial District. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 6-inch PVC line located along Leos Court. Wastewater: 10-inch PVC line located along Leos Court. Gas: No service available. Storm Water: Roadside ditches located along County Road 69. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for mixed uses. The proposed rezoning to the “RS-6” Single-Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). Staff Report Page 3 • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties. • The subject property was initially rezoned from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District in 2009. • The applicant would like to rezone the subject property back to the “RS-6” Single- Family 6 District to allow 12 single-family homes. Planning Commission and Staff Recommendation (April 1, 2020): Approval of the change of zoning from the “CN-1” Neighborhood Commercial District to the “RS-6” Single-Family 6 District. Public Notification Number of Notices Mailed – 23 within 200-foot notification area 7 outside notification area As of March 27, 2020: In Favor – 1 inside notification area – 0 outside notification area In Opposition – 0 inside notification area – 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0320-03 Mostaghasi Investment Trust/PC Documents/PC Report - Mostaghasi Investment Trust.docx Staff Report Page 4 Staff Report Page 5 Mostaghasi Investment Trust Rezoning for a Property at 14206 Leos Court From “CN-1” To “RS-6” Zoning Case #0320-03 N City Council May 19, 2020 2 Aerial Overview 3 Zoning Pattern 4 Approval of the “RS-6” Single-Family 6 District Planning Commission and Staff Recommendation 5 Public Notification 23 Notices mailed inside 200’ buffer 7 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 1 O 6 UDC Requirements Buffer Yards: RS-6 to CG-2: Type C: 15’ & 15-pts Setbacks: Street: 25 feet Side/Rear: 5 feet Parking: 2 per dwelling unit Uses Allowed: Single-Family Homes, Home Occupations, Group Homes Utilities 7 Water: 6-inch PVC Wastewater: 10-inch PVC Gas: Not Available Storm Water: Roadside –CR 69 DATE: April 15, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director, Development Services AlRaymond@cctexas.com (361) 826 - 3575 CAPTION: Ordinance authorizing the transfer of $590,000.00 from the Sanitary Sewer Collection Line Trust Fund, $310,000.00 from the Water Distribution Main Trust Fund and $375,000.00 from the Water Arterial Transmission and Grid Main Trust Fund to the Sanitary Sewer Trunk Main Trust Fund to meet the funding obligation for a Wastewater Force Main and Lift Station Construction and Reimbursement Agreement with Tamez Development approved by Council on February 18, 2020. SUMMARY: The purpose of this ordinance is to transfer funds from the Collection line Trust, Distribution Line Trust and Grid Main trust to the Trunk Main Trust Fund. Per UDC Section 8.5.1 Water Trust Fund and 8.5.2 Wastewater Trust Fund, the City Council may, after a public hearing, transfer monies from one trust fund to the other in order to better carry out the purposes of this Unified Development Code. BACKGROUND AND FINDINGS: The transfer of $590,000.00 from the Sanitary Sewer Collection Line Trust Fund, $310,000.00 from the Water Distribution Main Trust Fund and $375,000.00 from the Water Arterial Transmission and Grid Main Trust Fund to the Sanitary Sewer Trunk Main Trust Fund is required on order to meet the funding obligation for a Wastewater Force Main and Lift Station Construction and Reimbursement Agreement with Tamez Development that was approved by City Council by O rdinance 032024 on February 18, 2020 . Ordinance 03024 approved the transfer of $500,000.00 into the Sanitary Sewer Trunk Main Trust fund for the approved reimbursement agreement. This transfer amount was based upon a monthly trust fund balance report provided by finance department. The Trunk Main Trust Fund had a reported available balance of $1,601,751.94, per the December 2019 Trust Funds balance Ordinance Authorizing the Transfer of Funds to the Sanitary Sewer Trunk Main Trust Fund AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for May 19, 2020 Second Reading Ordinance for June 9, 2020 report. The funds transfer authorized in the ordinance would have provided enough funding for the $1,965,620.00 requested for the reimbursement agreement plus a remaining balance to fund a pending reimbursement agreement from this fund. Finance Department conducted a financial reconciliation of the Trust Funds in February 2020 and on April 13, 2020 and it became apparent during the establishing of a purchase order for the executed reimbursement agreement, that the available balance in the Sanitary Sewer Trunk Main Trust Fund, including the approved funds transfer by Council under Ordinance 032024, was not enough to meet the funding obligation for the reimbursement agreement. It was determined that the transfer of additional funds into the Sanitary Sewer Trunk Main Trust Fund was required to meet the financial obligation of the reimbursement agreement. ALTERNATIVES: Do not authorize the transfer of funds to the Sanitary Sewer Trunk Main Trust Fund and have the developer wait for reimbursement under UDC section 8.5.2 as the fund balances increases with the payment of developer lot and acreage fees, and pro-rata fees. This option will have an adverse effect on the completion timeline and of lift station project authorized council. FISCAL IMPACT: The total requested transfer amount is $1,275,000.00: $590,000.00 from the Sanitary Sewer Collection Line Trust Fund, $310,000.00 from the Water Distribution Main Trust Fund and $375,000.00 from the Water Arterial Transmission and Grid Main Trust Fund to the Sanitary Sewer Trunk Main Trust Fund . The transfer of funds is a one-time action. The Utility Trust Funds receive monthly deposits generated from Lot and Acreage Fees, Pro-rata Fees and Surcharge Fees that are collected during the platting and issuance of water and wastewater service taps. Over time the fees collected and deposited will replenish the Trust Funds and enable other developer-initiated water and wastewater infrastructure projects to be reimbursed. Funding Detail: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 209010 Water Arterial Transmission & Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 209020 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sanitary Sewer Trunk Main Trust Fund Organization/Activity: 250410 Sanitary Trunk Main Trust Mission Element: 777 Project# (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sanitary Sewer Collection Line Trust Fund Organization/Activity: 250420 Sanitary Sewer Collection Line Trust Mission Element: 777 Project# (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval of the transfer of funds in order to meet the financial obligation under Ordnance 032024 that authorized a Wastewater Force Main and Lift Station Construction and Reimbursement Agreement with Tamez Development . The request is in accordance with UDC Section 8.5.1 Water Trust Fund and 8.5.2 Wastewater Trust Fund. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing the transfer of $590,000.00 from the Sanitary Sewer Collection Line Trust Fund, $310,000.00 from the Water Distribution Main Trust Fund, and $375,000.00 from the Water Arterial Transmission and Grid Main Trus t Fund to the Sanitary Sewe r Trun k Main Trust Fund to meet the funding obligation for a Wastewater Force Main and Lift Station Construction and Reimbursement Agreement with Tamez Development approved by Council on February 18, 2020 . WHEREAS, under the UDC, The City Council may, after a public hearing, transfer monies from one trust fund to the other in order to better carry out the purposes of this Unified Development Code. Water trust funds may be transferred to water trust funds or wastewater trust funds BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council authorizes the transfer of $590,000.00 from the 4220 Sanitary Sewer Collection Line Trust Fund, $310,000.00 from the 4030 Water Distribution Main Trust Fund and $375,000.00 from the 4030 Water Arterial Transmission and Grid Main Tru st Fund to the 4220 Sanitary Sewer Trunk Ma in Trust Fund to fu nd wa ste wa te r t runk main lin e e xtension construction and re imburseme nt agreement authorize d b y Ord in an ce 03202 4. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of _, 2020, 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 2020, 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 , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Ordinance Authorizing the Transfer of Funds to the Sanitary Sewer Trunk Main Trust Fund Trust Funds TransferCity CouncilMay 19, 2020 Trust Funds BalanceWater Arterial Transmission & Grid Main TrustWater Distribution Main TrustSanitary Sewer Trunk System TrustSanitary Sewer Collection Line TrustDecember 2019 Available Balance416,162.67 515,589.03 1,601,751.94 1,013,989.32January 2020 Available Balance455,395.07 527,117.09 1,636,200.05 1,023,522.22February 2020 Available Balance476,812.61 537,426.88 235,355.77 1,142,907.76March 2020 Available Balance515,596.38 342,833.63 (1,187,348.95)862,016.09 Trust Fund BalanceWater Arterial Transmission and Grid Main Trust (21805)Water Distribution Main Trust (21806) Sanitary Sewer Trunk Main Trust (21800) Sanitary Sewer Collection Line Trust (21801) Available Balance$515,596.38Available Balance$342,833.63Available Balance ($1,187,348.95)Available Balance$862,016.09 Transfer to Trunk Fund 21800$375,000.00 Transfer to Trunk Fund 21800$310,000.00 Transfer From 21801$590,000.00 Transfer to Trunk Fund 21800$590,000.00 Transfer From 21806$310,000.00 Transfer From 21805$375,000.00 Available Balance$140,596.38 Available Balance$32,833.63 Available Balance$87,651.05 Available Balance$56,622.24 4ApprovalThis request is in accordance with UDC Section 8.5.1 Water Trust Fund and 8.5.2 Wastewater Trust Fund. The City Council may, after a public hearing, transfer monies from one trust fund to the other in order to better carry out the purposes of this Unified Development Code. Recommendation DATE: April 24, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond@cctexas.com (361) 826 - 3575 CAPTION: Ordinance abandoning and vacating a utility easement (5,469 square feet), with dimensions of 10-foot wide for approximately 108-feet and a 20-foot wide for approximately 220-feet, out of Block B-2E, in Cullen Place, located at 542 Airline Road for the construction of a new carwash business on the property. (District 4) SUMMARY: The purpose of this ordinance is to abandon and vacate a 10-foot wide by approximately 108-feet long utility easement and a 20-foot wide by approximately 220-feet long utility easement (5,469 square feet), out of Block B-2E, in Cullen Place, located at 542 Airline Road in order to facilitate the construction of a new carwash business on the property. BACKGROUND AND FINDINGS: BAR Property Management, LLC. (owner) is requesting the City to close, abandon, and vacate a 10-foot wide by approximately 108-feet long utility easement and a 20-foot wide by approximately 220-feet long utility easement (5,469 square feet), out of Block B-2E, in Cullen Place to facilitate the construction of a new carwash on the property that will be named Quick Quack Carwash. The existing easement is in the middle of the property and hinders the building on the property. This will affect any applicant’s design and development plans for this lot. There were existing public utilities in the easement that had been relocated at the applicant’s expense. The utilities included a city gas line and wastewater collection line which have been abandoned in place. The public waterline was relocated and looped along Airline Road and Belmeade Drive. Easement Closure for 542 Airline Road AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 19, 2020 Second Reading Ordinance for the City Council Meeting of May 26, 2020 The applicant has paid the required $530.00 application fee and the easement closure request has been processed in accordance with Section 49-13 of the City Code of Ordinances. ALTERNATIVES: Deny the applicant’s request will cause the cancellation of the project. FINSCAL IMPACT: There are no financial impacts associated with the closing of the easement. RECOMMENDATION: Staff supports the applicants request for the easement closure. The closure of the easement will support the growth of the community. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Presentation Ordinance abandoning and vacating a utility easement (5,469 square feet), with dimensions of 10-foot wide for approximately 108-feet and a 20-foot wide for approximately 220-feet, out of Block B-2E, in Cullen Place, located at 542 Airline Road for the construction of a new carwash business on the property. WHEREAS, BAR Property Management, LLC. (Owner) is requesting the closure, abandonment and vacating of a 10-foot wide by approximately 108-feet long utility easement and a 20-foot wide by approximately 220-feet long utility easement (5,469 square feet), and WHEREAS, it has been determined that it is advantageous to the City of Corpus Christi to abandon and vacate both the 10-foot and the20-foot utility easements, subject compliance by the Owner with the conditions specified in the ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to Corpus Christi Code Sec. 49.13, an existing 0.126-acre (5,469 sq.ft.) utility easement with dimensions of 10-foot wide for approximately 108-feet and 20-foot wide for appoximately 220-feet, as shown in Exhibit A & B, being out of Block B -2E, Cullen Place, located at 542 Airline Road, as recorded in volume 68, pages 366-367, of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi (“City”), subject to the Owner’s compliance with the conditions specified in Section 2 of this ordinance. Exhibit “A,” which is a metes and bounds description and field notes, “Exhibit B”, which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. The maintenance responsibilities for the vacated easement reverts to the Owner of the property. SECTION 2. The abandonment and vacating of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owner’s compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of public easement closures must be recorded at the Owner’s 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 b. Relocation of the wastewater line in easement. 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 ___________, 2020, 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 __________ 2020, 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 _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Sketch to Accompany Exhibit B S:\Surveying\42929\B800\Ex42929B800.dwg, rlg, DWG To PDF.pc3 AIRLINEDICKENSBELMEADE ALAMEDA GREGORY BRADSHAW PALOMAEVERHART RDHOLLY RD AIRLINE RDSARATOGA BLVD SH 358 MCARDLE RD S A N T A F E S T SH 358 A L A M E D A HOLLY RDKOSTORYZ RDGOLLIHAR RD S S T A P L E S S T EVERHART RDOCEAN A L A M E D A µ 0 500250Feet LOCATION MAP Date Created: 3/27/2020Prepared By: ReyRDepartment of Development Services SUBJECTPROPERTY 542 Airline Road Easement Closure 542 Airline Road Easement Closure City Council May 19, 2020 2 Vicinity Map 3 Aerial Overview 4 Approval Recommendation The applicant requesting the utility easement closure has paid the required $530.00 application fee and the easement closure request has been processed in accordance with Section 49-13 of the City Code of Ordinances. AGENDA MEMORANDUM Action Item for the City Council Meeting of May 19, 2020 DATE: April 30, 2020 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance and Business Analysis Heatherh3@cctexas.com (361) 826-3227 CAPTION: Ordinance authorizing the resale of 30 properties for $253,545.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $29,268.51 plus $55,116.93 for partial payment of City paving and demolition liens. SUMMARY: Nueces County, as trustee for each of the taxing entities, has received offers to purchase properties that have been foreclosed upon for failure to pay ad valorem taxes. The governing body from each of the taxing entities (the City of Corpus Christi, Nueces County, Corpus Christi Independent School District, and Del Mar College) must approve the offers for resale. BACKGROUND AND FINDINGS: Properties within the City of Corpus Christi are periodically foreclosed due to non- payment of ad valorem taxes. The City and Nueces County entered into an Interlocal Agreement for the collection of delinquent ad valorem taxes. Nueces County has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the “Sheriff’s sale” is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District.) If no one is willing to pay the opening bid amount for the property, then the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. Approval for the resale of 30 foreclosed properties The law firm will then put the property on their tax resale list, will nail a “For Sale” sign on the property, and will solicit purchase offers from the public. When an offer or offers are received, they then bring the highest offer forward for consideration and action by the governing bodies of the involved taxing entities. All the entities must approve the offer, or it is rejected. The law firm has proposed the resale of 30 properties at the bid prices listed in Exhibit C. Each of the 30 properties was reviewed by Engineering, Planning/Environmental and Strategic Initiatives (ESI), and Housing and Community Development for potential City use. No properties were identified to be pulled. The monies received from this sale are distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs , which are $68,845.34. These court costs are for the costs associated with the underlying lawsuits. The remaining funds are then applied on a pro rata basis to each taxing jurisdiction. Approval of the ordinance will authorize the Nueces County Judge to execute a Resale Deed for the properties listed so they can be returned to the property tax roll for the upcoming year. ALTERNATIVES: Not approving the ordinance to move forward with the sale of the properties. FISCAL IMPACT: The City will receive $29,268.51 for the sale of the properties and an additional $55,116.93 for demo liens, for a total of $84,385.44 in revenue. The net proceeds from the sale are first applied to pay off the outstanding court costs , which are $68,845.34. The proceeds of the sale will be deposited into the City’s General Fund. For the demo liens, depending on the source of the expense, the proceeds will either be deposited into the City’s General Fund or the CDBG grant fund associated with the expense. In addition, this sale will restore $722,285.00 in taxable property value to the tax rolls. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Exhibit A – Tax Resale Property List Exhibit B – Tax Resale Property List Exhibit C – Breakdown of Tax Resale Property Lists Letter from Linebarger, Goggan, Blair & Sampson, LLP Ordinance Ordi nance authorizi ng the resale of 30 properties for $253,545.00 which were foreclosed upon for failure to pay ad valorem taxes, of which t he City shall receive $29,268.51 plus $55,116.93 for partial payment of City paving and demolition liens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the resale of 30 properties listed on the attached and incorpo- rated Exhibit A for $253,545.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $29,268.51 plus $55,116.93 for partial payment of City paving and demolition liens. Section 2. The Nueces County Judge is authorized to execute a resale deed for each property upon payment to the City of the City’s share of the tax resale proceeds. The foregoing ordinance was read for the first time and passed to its second reading on this the _______ day of __________________, 2020, by the following vote: Joe McComb Ben Molina Rudy Garza Roland Barrera Paulette Guajardo Greg Smith Michael Hunter Everett Roy Gil Hernandez The foregoing ordinance was read for the second time and passed finally on this the _______ day of __________________, 20 20, by the following vote: Joe McComb Ben Molina Rudy Garza Roland Barrera Paulette Guajardo Greg Smith Michael Hunter Everett Roy Gil Hernandez PASSED AND APPROVED this the _______ day of __________________, 2020 ATTEST: CITY OF CORPUS CHRISTI __________________________ __________________________ Rebecca Huerta Joe McComb City Secretary Mayor Item #Suit Number Property Location Amount of Bid City’s Portion City's Portion of City Paving and Demo Liens 1 1776 08-1962-A 310 Melody Ln.$8,000.00 $938.88 $2,045.69 2 1931 2011DCV-2166-C 4829 Monitor 9,000.00 $369.16 $7,171.20 3 2027 2012DCV-3185-H 1001 Green Bay Dr.5,100.00 $807.53 $154.00 4 2160 2011DCV-2138-C 328 19th St.1,545.00 $0.00 $841.94 5 2188 2013DCV-3282-B 628 25th St. 5,000.00 $510.94 $1,285.05 6 2215 2013DCV-4112-F 118 North Staples Street 5,000.00 $215.82 $871.80 7 2229 2013DCV-2613-A 705 Lantana 7,500.00 $1,133.71 $0.00 8 2233 2013DCV-1418-H 1107 Kinney Street 2,500.00 $2.63 $69.44 9 2254 2015DCV-2767-E 2618 Riggan 2,500.00 $8.36 $688.54 10 2266 2014DCV-3998-G 1432 14th Street 2,500.00 $19.01 $401.15 11 2275 2014DCV-4384-G 1101 12th Street 15,000.00 $2,894.64 $411.09 12 2277 2014DCV-4384-G 3562 Austin Street 8,000.00 $1,007.74 $622.65 13 2278 2014DCV-6250-G 1701 Lexington Ave.2,500.00 $86.82 $281.39 14 2285 2010DCV-5358-H 11809 Haven Dr.5,000.00 $116.42 $1,689.57 15 2287 2013DCV-0766-C 1714 Palm Dr.2,500.00 $19.76 $113.81 16 2301 2011DCV-2157-G 736 Virginia Ave.9,000.00 $501.73 $4,110.19 17 2302 2011DCV-2162-E 4110 Molina Dr.7,500.00 $350.72 $2,453.17 18 2303 2011DCV-5242-G 1105 Golla Dr.12,000.00 $1,683.44 $2,103.62 19 2305 2014DCV-4020-A 4901 Jean St.37,000.00 $6,520.54 $5,299.69 20 2312 2014DCV-4420-H 3601 Lake Champagne Ct.44,000.00 $5,748.75 $14,462.86 21 2318 2012DCV-3326-H 314 E. Lakeside Dr.7,500.00 $1,083.46 $166.17 22 2326 2014DCV-4421-C 5713 Palo Blanco 7,500.00 $414.45 $3,384.28 23 2327 2014DCV-5100-H 2819 Summers St.2,500.00 $13.60 $45.29 24 2329 2014DCV-6265-F 911 15th St.2,700.00 $27.41 $228.41 25 2332 2017DCV-5402-B 1521 Lexington Ave.2,500.00 $36.99 $381.86 26 2333 2012DCV-1302-C 914 Dolores St.10,000.00 $1,291.65 $1,727.82 27 2338 2013DCV-1492-A 1701-1705 Peabody Ave.2,500.00 $2.97 $26.21 28 2343 2014DCV-5862-E 4709 Molina Dr.10,000.00 $1,309.36 $617.02 29 2347 2011DCV-0956-A 1209 Nagle St.7,200.00 $752.91 $1,488.36 30 2348 2012DCV-4404-A 505 Claride St.10,000.00 $1,399.11 $1,974.66 Total 253,545.00$ 29,268.51$ 55,116.93$ EXHIBIT C TAX RESALE PROPERTY LIST DATE: May 4, 2020 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 CAPTION: Ordinance adding Corpus Christi Bay, Nueces Bay, and annexed territory to City Council Districts; and providing for an effective date. SUMMARY: The City Council general election for Mayor and Council Members is on November 3, 2020. The City has annexed property in the London area and San Patricio County per the following ordinances: 031776 (5/21/19) – LaQuinta Corridor; 031777 (5/21/19) – north side of Corpus Christi Bay / San Patricio County; 031822 (7/30/19) – London area; 031944 (12/10/19) – London area for King’s Lake; and 031945 (12/10/19) – London area for King’s Landing. The City has disannexed property per the following ordinances: 031816 (07/23/19) – north side of Corpus Christi Bay / San Patricio County; 031935 (11/19/19) – LaQuinta Corridor for voestalpine; and 032065 (5/24/20) – Occidental Chemical Corporation. The annexed areas, while unpopulated, need to be incorporated into Council districts. Based on the location of the areas, staff is recommending the annexed areas be added to Districts 3, 4, and 5, respectively, as depicted in the attached map. Additionally, Nueces Bay would be added to District 1 and Corpus Christi Bay to District 4 for contiguity purposes. BACKGROUND AND FINDINGS: The City Charter provides that five council members are elected by majority vote from single member districts, and each district will have the same population to the extent possible [Article II, Section 1(a)]. Since the annexed areas have no population under the 2010 census, adding the territory to any Council district would not cause the 2011 districting plan to become out of balance for “one person, one vote” purposes. Additionally, the cited section of the City Charter provides that any ordinance to equalize territory/population may not be enacted less than 90 days before any general election. The attached maps provide two views of the Council districts– one including the water areas Adding Corpus Christi Bay, Nueces Bay and recently annexed territory to City Council Districts AGENDA MEMORANDUM Action Item for the City Council Meeting May 19, 2020 (which is Exhibit A to the ordinance), and one including the land areas only. Staff is recommending the annexed areas be added to Districts 3, 4, and 5, respectively, as illustrated in the map. Additionally, Nueces Bay would be added to District 1 and Corpus Christi Bay would be added to District 4 for contiguity purposes. A portion of the newly annexed area is in San Patricio County. Upon the advice of the Texas Secretary of State’s Office, the City Secretary’s Office has discussed how best to provide election services to said area with the San Patricio County Election Administrator and the Nueces County Clerk. The mutually agreed upon method is for the City to contract with the Nueces County Clerk to cross county lines to provide election services in San Patricio County. In effect, the San Patricio County Election’s Office would provide the Nueces County Clerk a list of any City of Corpus Christi registered voters in the annexed area. The City registered voters in San Patricio County would then be allowed to vote at any vote center in Nueces County. This option would result in no additional election costs for the City and would minimize voter confusion since all District 4 voters would vote in Corpus Christi. FISCAL IMPACT: None LIST OF SUPPORTING DOCUMENTS: Map – Exhibit A to Ordinance - Council Member Districts (including water area) Map – Council Member Districts (land area only) Ordinance Ordinance adding Corpus Christi Bay, Nueces Bay, and annexed territory to City Council Districts; and providing for an effective date. WHEREAS, the City of Corpus Christi’s current single-member council districts were adopted on January 31, 2012 by Ordinance No. 029361, establishing the territory of the five single-member districts in compliance with applicable requirements of state and federal law; WHEREAS, the City of Corpus Christi (the “City”) recently annexed territory by Ordinance Nos. 031776, 031777, 031822, 031944 and 031945; WHEREAS, said annexed territory contains zero population under the most recent decennial Census from 2010; WHEREAS, the City of Corpus Christi (the “City”) recently disannexed territory by Ordinance Nos. 031816, 031935, and 032065; WHEREAS, upon the annexation and subsequent disannexation of territory, there remains annexed unpopulated territory within the City limits that must be assigned to an existing single-member council district; and WHEREAS, Article II, Section 1(a) of the City Charter requires that such adjustment to the single-member council districts occurs prior to the next general election, which is scheduled to occur in 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the boundary of the existing Single-Member Council Districts for the City of Corpus Christi is hereby amended, and the new districting plan depicted on the map attached hereto as Exhibit A, defining new districts, is hereby adopted and designated to define the City’s five single-member council districts from and after the Effective Date; that Exhibit A is incorporated by reference in and made a part of this ORDINANCE, and shall be kept on file in the City Secretary’s Office. Section 2. That this ORDINANCE shall take and be given effect immediately upon passage and that thereafter all Corpus Christi City Council elections shall be held under and in accordance with the new single-member council district districting plan here adopted by the City Council, until such time as a subsequent lawfully-enacted districting plan shall be adopted to replace this plan. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2020, 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 2020, 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 , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor DIST 4 DIST 1 DIST 3 DIST 5 DIST 2 19 42 127 3 14 22 15 37 108 103 16 18 23 107 27 108 115 1 28 10 12 101 2434 107 8 9 100 6 81 40 91 120 0 109 105 122 101 1 116 114 114 126 106 51 93 103 12526 82 3 54 70 2 4 117 113 67 20 55 111 32 17 63 121 120 98 79 118 119 124116 78 80 65 29 119 123 7 512 92 110 94 21 75 69 48 71 33 72 84 102 88 74 106 30 110 66 5958 38 112 121 49 44 64 115 73 47 5756 39 97 89 52104 62 13 35 83 7660 95 90 99 50 61 45 113 31 42 109 123 36 (c) OpenStreetMap and contributors, Creative Commons-Share Alike License (CC-BY-SA) Legend General Election Precincts (2018) Corpus Christi City Limits (4-17-20) Council District:12345DIST 4 San Patricio Nueces 115 19 116 106 113 109 110 108 110 121 119 (c) OpenStreetMap and contributors,Creative Commons-Share Alike License(CC-BY-SA) City of Corpus ChristiCurrent City Council Districts with City Limit Boundary and Election PrecinctsIncluding All Annexations as of April 17, 2020 © 2020 Bickerstaff Heath Delgado Acosta LLPData Source: City Limit Boundary and City CouncilDistrict Boundary obtained from the City of Corpus Christi GIS/Development Services DepartmentCreated: 4/17/2020E 0 3 61.5 Miles Background Image: ESRI Open Street Map INSET: District 4 Annexation DIST 1 DIST 4 Exhibit A DIST 4 DIST 1 DIST 3 DIST 5 DIST 2 19 42 127 3 14 22 15 37 108 103 16 18 23 107 27 108 115 1 28 10 12 101 2434 107 8 9 100 6 81 40 91 120 0 109 105 122 101 1 116 114 114 126 106 51 93 103 12526 82 3 54 70 2 4 117 113 67 20 55 111 32 17 63 121 120 98 79 118 119 124116 78 80 65 29 119 123 7 512 92 110 94 21 75 69 48 71 33 72 84 102 88 74 106 30 110 66 5958 38 112 121 49 44 64 115 73 47 5756 39 97 89 52104 62 13 35 83 7660 95 90 99 50 61 45 113 31 42 109 123 36 (c) OpenStreetMap and contributors, Creative Commons-Share Alike License (CC-BY-SA) Legend General Election Precincts (2018) Corpus Christi City Limits (4-17-20) Council District:12345DIST 4 San Patricio Nueces 115 19 116 106 113 109 110 108 110 121 119 (c) OpenStreetMap and contributors,Creative Commons-Share Alike License(CC-BY-SA) City of Corpus ChristiCurrent City Council Districts with City Limit Boundary and Election PrecinctsIncluding All Annexations as of April 17, 2020 © 2020 Bickerstaff Heath Delgado Acosta LLPData Source: City Limit Boundary and City CouncilDistrict Boundary obtained from the City of Corpus Christi GIS/Development Services DepartmentCreated: 4/17/2020E 0 3 61.5 Miles Background Image: ESRI Open Street Map INSET: District 4 Annexation DIST 1 DIST 4 Service Layer Credits: Sources: Esri, HERE,Garmin, USGS, Intermap, INCREMENT P,NRCan, Esri Japan, METI, Esri China (HongKong), Esri Korea, Esri (Thailand), NGCC, (c)OpenStreetMap contributors, and the GISUser Community Service Layer Credits: Sources: Esri, HERE,Garmin, USGS, Intermap, INCREMENT P,NRCan, Esri Japan, METI, Esri China (HongKong), Esri Korea, Esri (Thailand), NGCC, (c)OpenStreetMap contributors, and the GISUser Community District #1 District #3 District #4 District #5 District #4 District #4 District #2 District #5 District #4 City of Corpus Christi, TX - Single Member District Boundary 0 29,000 58,00014,500 Feet AdministrativeBounds City Limits (as of12/10/19) County Line District #4 District #4 District #4 Date: 04-15-2020 ¯ Single Member District District #1 District #2 District #3 District #4 District #5 DATE: May 4, 2020 TO: Peter Zanoni, City Manager THRU: Michael Rodriguez, Chief of Staff michaelrod@cctexas.com (361) 826-3732 FROM: Richard Martinez, Director of Public Works Richardm5@cctexas.com (361) 826-3419 CAPTION: Ordinance appropriating $3,550,000 from the Public Works reserves fund balance to the Public Works General Fund operating budget; amending the FY 2020 Public Works Arterial and Collector Street Preventative Maintenance Program (SPMP) Budget from $3,440,000 to $6,990,000 and approving the general work plan for FY 2020 for a total amended budget of $6,990,000; with funding available from the FY 2020 Street, Stormwater, Water and Wastewater Funds. SUMMARY: This ordinance authorizes amending the FY 2020 Public Works Street Preventative Maintenance Program Budget in support of the 2020 SPMP Work Plan. This includes approving the concepts, direction, and general work plan. BACKGROUND AND FINDINGS: This item is the continuation of the City Council approved Street Preventative Maintenance Program (SPMP) funded in part by the approved street maintenance fee. The streets selected for the 2020 SPMP Work Plan were based on the Pavement Condition Index scores. Streets were then selected based on the deterioration of the street and the percentage of concrete work needed. Street work was distributed among Council Districts and the Downtown Area in an equitable method based on maintenance needs to extend street life, improve performance and to delay street reconstruction. The work plan considered allocating available resources among collector and arterial streets based on most urgent need. Arterial and Collector streets were then evaluated based on need for overlay or ultra-thin bond surface treatment. Roadway treatment type is selected using industry standards and best judgement for each individual street. As part of the budget, City Council approved the Residential Street Preventative Maintenance Program AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 19, 2020 Second Reading Ordinance for the City Council Meeting of June 9, 2020 Amendment of Budget and Approval for Street Preventative Maintenance Program 2020 and Work Plan for Year Seven exclusively for street rehabilitation in neighborhoods for a total amount of $14, 500,000. The 2020 SPMP work plan consists of 19 street segments. Approximately 15 of the 19 streets are being designed by the in-house Public Works team. ALTERNATIVES: If the ordinance is not approved this will result in further delays of maintenance to roadways. FISCAL IMPACT: The $3,550,000 was previously approved for the SPMP, however, Public Works was unable to complete the street maintenance in FY 2019. Therefore, the funding fell to the reserves fund balance to be utilized in FY 2020. This ordinance allows for the appropriation of the funding to the operating budget and amends the total amount to $6,990,000. Funding Detail (Partial Certification No. 2): The funding amount or $6,990,000 for the FY 2020 Street Preventative Maintenance Program will come out of the following sources: Fund/Org: Streets/Street Preventative Maintenance Program (Fund 1041) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Street Preventative Maintenance Program FY 2020 (Proj 18135A) Account: Appropriable Fund Balance (Account #251850) Activity: 18135-A-1041-EXP Amount: $3,550,000 (which fell to fund balance in FY 2019 and is being used now for FY 2020) Fund/Org: Streets/Street Preventative Maintenance Program (Fund 1041) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Street Preventative Maintenance Program FY 2020 (Proj 18135A) Account: Maintenance & Repairs (Account #530215) Activity: 18135-A-1041-EXP Amount: $3,000,000 Fund: Storm Water Fund (Fund 4300) Org: Storm Water Streets (Org #32003) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Street Preventative Maintenance Program FY 2020 (Proj 18135A) Account: Maintenance & Repairs – Interdepartment (Acct #520131) Activity: 18135-A-4300-EXP Amount: $150,000 Fund: Water Fund (Fund 4010) Org: Treated Water Delivery System (Org #31520) Mission Elem: Distribute Water (ME 041) Project No.: Street Preventative Maintenance Program FY 2020 (Proj 18135A) Account: Maintenance & Repairs – Interdepartment (Acct #520131) Activity: 18135-A-4010-EXP Amount: $58,000 Fund: Wastewater Fund (Fund 4200) Org: Wastewater Collection System (Org #33400) Mission Elem: Wastewater Collection System (ME 042) Project No.: Street Preventative Maintenance Program FY 2020 (Proj 18135A) Account: Maintenance & Repairs – Interdepartment (Acct #520131) Activity: 18135-A-4200-EXP Amount: $232,000 RECOMMENDATION: Approval of Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance EXHIBIT A – 2020 SPMP Work Plan (Year – 7) - Alphabetical Street Listing EXHIBIT A – 2020 SPMP Work Plan (Year – 7) – Council District Street Listing SPMP 2020 Location Map SPMP 2020 Council District Map Presentation Final SPMP 2019 Work Plan 1 WHEREAS, the Public Works Department is requesting authorization to appropriate $3,550,000 from the Public Works Operating Account Reserves for Work Plan 7 for the Street Preventative Maintenance Program; WHEREAS, the Public Works Department is requesting authorization to amend the FY 2019 Public Works Street Preventative Maintenance Program Budget totaling $3,550,000; WHEREAS, on June 25, 2013, by Ordinance No. 029876 and Ordinance No. 029877, the City Council (a) established a Street Preventative Maintenance Program (SPMP) and Street Maintenance Fee (SMF); and (b) established policies, rates, and methodologies for the SPMP and SMF, respectively, and amended and codified the two ordinances under Sections 10 through 20 of Ordinance No. 029917; WHEREAS, under the "Definitions" section of the above Ordinances (a) Director means the City Manager or designee; (b) Street Preventative Maintenance Program (SPMP) means the street preventative maintenance program, as amended from time to time, funded by the Street Maintenance Fee; and (c) Street System means the structures, streets, rights-of-way, bridges, alleys, and other facilities within city limits that are dedicated to the use of vehicular traffic; the maintenance and repair of those facilities; and the operation and administration of such maintenance and repair under the Street Preventative Maintenance Program; WHEREAS, Section 11 of Ordinance No. 029877, titled "Rules," provides that the Director is responsible for administration of the SPMP and SMF, developing all rules and procedures necessary to administer the SPMP and SMF, developing all maintenance programs, and establishing Street System criteria and standards for the operation and maintenance of the Street System; WHEREAS, pursuant to the “Rules", staff developed certain concepts, direction, selection criteria, and a general work plan for the initial year of the SPMP (the 2014 SPMP Work Plan (Year - 1)), which was approved for implementation on December 17, 2013, by Resolution No. 030046; WHEREAS, staff now presents for approval the 2020 SPMP Work Plan (Year - 7) for a total amount not to exceed $6,990,000; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Appropriating $3,550,000 from the Public Works Operating Account Reserves in Fund 1041. SECTION 2. Amending the FY 2020 Public Works Street Preventative Maintenance Program Org 12415 Fund 1041 by $3,550,000. Ordinance appropriating $3,550,000 from the Public Works reserves fund balance to the Public Works General Fund Operating Budget; amending the FY 2020 Public Works Arterial and Collector Street Preventative Maintenance Program (SPMP) Budget from $3,440,000 to $6,990,000 and approving the general work plan for FY 2020 for a total amended budget of $6,990,000; with funding available from the FY 2020 Street, Stormwater, Water and Wastewater Funds. 2 SECTION 3. The City Council approves of, supports, and directs staff to proceed with implementing the concepts, direction, selection criteria, and general work plan for the seventh year of the Street Preventative Maintenance Program (SPMP) referred to as the "2020 SPMP Work Plan (Year - 7).” The 2020 SPMP Work Plan (Year – 7) is attached as Exhibit A hereto. That the foregoing ordinance was read for the first time and passed to its second reading on this the ____ day of _________________2020, 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 _________________2020, 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 ____________________, 2020 ATTEST: ____________________________ __________________________ Rebecca Huerta Joe McComb City Secretary Mayor PROPOSED SPMP FY 2020 STREETS Alphabetical WORK PLAN STREET FROM TO MPC W PCI DISTRICT LENGTH (FT) WIDTH (FT) AREA (SY) OVERLAY ABERDEEN OCEAN DR CENTER LOCAL 43 4 1,665 26 4,810 ULTRATHIN AGNES ST SIXTEENTH LAREDO ARTERIAL 80 1 2,320 39 10,139 OVERLAY AYERS ST ALAMEDA S EDWARDS ARTERIAL 64 2 5,265 46 26,691 OVERLAY BALLAD TREE DR GUADALUPE RIVER BIG CYPRESS BAYOU LOCAL 65 1 1,465 24 3,907 ULTRATHIN BUDDY LAWRENCE INTERSTATE 37 ANTELOPE COLLECTOR 77 1 2,590 45 12,854 OVERLAY CARANCAHUA N BUFFALO KINNEY COLLECTOR 43 1 1,905 38 8,043 OVERLAY CENTER DR EVERHART RD CIRCLE LOCAL 46 4 385 24 1,027 OVERLAY CHAPARRAL PARK AVE KINNEY COLLECTOR 27 1 1,580 34 5,880 OVERLAY CIRCLE DR OCEAN DRIVE CENTER DR LOCAL 28 4 1,790 24 4,773 ULTRATHIN COMMODORES DR AQUARIUS ST PARK ROAD 22 COLLECTOR 84 4 3,370 56 20,969 OVERLAY COOPERS ALLEY TANCAHUA SHORELINE COLLECTOR 37 1 2,370 33 8,909 ULTRATHIN DODDRIDGE OCEAN DR ALAMEDA S ARTERIAL 82 4 2,555 48 13,627 OVERLAY EMBASSY DR CORONA PADRE ISLAND DR LOCAL 12 3 900 36 3,600 OVERLAY ENCANTADA GYPSY PARK ROAD 22 COLLECTOR 81 4 2,530 36 10,120 ULTRATHIN FLOUR BLUFF DR DON PATRICIO PADRE ISLAND DR ARTERIAL 82 4 5,000 63 35,185 OVERLAY GREENBRIAR ST ANDREWS RIVER OAKS LOCAL 56 5 2,465 26 7,121 OVERLAY HANCOCK ALAMEDA BROWNLEE LOCAL 67 2 1,390 24 3,707 ULTRATHIN HOLLY RD EVERHART RD CROSSTOWN ARTERIAL 81 3 16,715 61 113,291 ULTRATHIN KOSTORYZ PADRE ISLAND DR HOLLY RD ARTERIAL 60 3 3,730 61 25,281 OVERLAY LEOPARD N NUECES BAY UP RIVER RD ARTERIAL 74 1 1,975 39 8,485 OVERLAY LEOPARD S NUECES BAY UP RIVER RD ARTERIAL 74 1 1,910 37 7,923 OVERLAY MC KINZIE RD INTERSTATE 37 SESSIONS RD COLLECTOR 57 1 3,470 36 13,880 OVERLAY MONITOR MC ARDLE LAMONT LOCAL 61 2 1,385 24 3,693 OVERLAY PATTI SARATOGA DUNBARTON OAK COLLECTOR 8 5 965 36 3,860 OVERLAY RICHARD AYERS ST NAPLES LOCAL 66 2 1,285 24 3,427 OVERLAY ST ANDREWS WOOLDRIDGE RIVER OAKS COLLECTOR 37 5 3,030 35 11,615 OVERLAY SUN VALLEY DR CEDAR PASS DR YORKTOWN COLLECTOR 69 5 1,560 36 6,240 OVERLAY TARLTON AYERS ST CROSSTOWN EXPWY COLLECTOR 70 2 2,605 33 9,600 OVERLAY WORDSWORTH CREEK DR GUADALUPE RIVER BALLAD TREE DR LOCAL 69 1 1,025 24 2,733 OVERLAY YORKTOWN BLVD (N) WEBER LAKE TRAVIS ARTERIAL 88 5 4,455 24 11,880 OVERLAY YORKTOWN BLVD (S) WEBER LAKE TRAVIS ARTERIAL 85 5 4,495 24 11,987 4/24/2020 1 of 1 PROPOSED SPMP FY 2020 STREETS Council District WORK PLAN STREET FROM TO MPC W PCI DISTRICT LENGTH (FT) WIDTH (FT) AREA (SY) ULTRATHIN AGNES ST SIXTEENTH LAREDO ARTERIAL 80 1 2,320 39 10,139 OVERLAY BALLAD TREE DR GUADALUPE RIVER BIG CYPRESS BAYOU LOCAL 65 1 1,465 24 3,907 ULTRATHIN BUDDY LAWRENCE INTERSTATE 37 ANTELOPE COLLECTOR 77 1 2,590 45 12,854 OVERLAY CARANCAHUA N BUFFALO KINNEY COLLECTOR 43 1 1,905 38 8,043 OVERLAY CHAPARRAL PARK AVE KINNEY COLLECTOR 27 1 1,580 34 5,880 OVERLAY COOPERS ALLEY TANCAHUA SHORELINE COLLECTOR 37 1 2,370 33 8,909 OVERLAY LEOPARD N NUECES BAY UP RIVER RD ARTERIAL 74 1 1,975 39 8,485 OVERLAY LEOPARD S NUECES BAY UP RIVER RD ARTERIAL 74 1 1,910 37 7,923 OVERLAY MC KINZIE RD INTERSTATE 37 SESSIONS RD COLLECTOR 57 1 3,470 36 13,880 OVERLAY WORDSWORTH CREEK DR GUADALUPE RIVER BALLAD TREE DR LOCAL 69 1 1,025 24 2,733 OVERLAY AYERS ST ALAMEDA S EDWARDS ARTERIAL 64 2 5,265 46 26,691 OVERLAY HANCOCK ALAMEDA BROWNLEE LOCAL 67 2 1,390 24 3,707 OVERLAY MONITOR MC ARDLE LAMONT LOCAL 61 2 1,385 24 3,693 OVERLAY RICHARD AYERS ST NAPLES LOCAL 66 2 1,285 24 3,427 OVERLAY TARLTON AYERS ST CROSSTOWN EXPWY COLLECTOR 70 2 2,605 33 9,600 OVERLAY EMBASSY DR CORONA PADRE ISLAND DR LOCAL 12 3 900 36 3,600 ULTRATHIN HOLLY RD EVERHART RD CROSSTOWN ARTERIAL 81 3 16,715 61 113,291 ULTRATHIN KOSTORYZ PADRE ISLAND DR HOLLY RD ARTERIAL 60 3 3,730 61 25,281 OVERLAY ABERDEEN OCEAN DR CENTER LOCAL 43 4 1,665 26 4,810 OVERLAY CENTER DR EVERHART RD CIRCLE LOCAL 46 4 385 24 1,027 OVERLAY CIRCLE DR OCEAN DRIVE CENTER DR LOCAL 28 4 1,790 24 4,773 ULTRATHIN COMMODORES DR AQUARIUS ST PARK ROAD 22 COLLECTOR 84 4 3,370 56 20,969 ULTRATHIN DODDRIDGE OCEAN DR ALAMEDA S ARTERIAL 82 4 2,555 48 13,627 OVERLAY ENCANTADA GYPSY PARK ROAD 22 COLLECTOR 81 4 2,530 36 10,120 ULTRATHIN FLOUR BLUFF DR DON PATRICIO PADRE ISLAND DR ARTERIAL 82 4 5,000 63 35,185 OVERLAY GREENBRIAR ST ANDREWS RIVER OAKS LOCAL 56 5 2,465 26 7,121 OVERLAY PATTI SARATOGA DUNBARTON OAK COLLECTOR 8 5 965 36 3,860 OVERLAY ST ANDREWS WOOLDRIDGE RIVER OAKS COLLECTOR 37 5 3,030 35 11,615 OVERLAY SUN VALLEY DR CEDAR PASS DR YORKTOWN COLLECTOR 69 5 1,560 36 6,240 OVERLAY YORKTOWN BLVD (N) WEBER LAKE TRAVIS ARTERIAL 88 5 4,455 24 11,880 OVERLAY YORKTOWN BLVD (S) WEBER LAKE TRAVIS ARTERIAL 85 5 4,495 24 11,987 4/24/2020 1 of 1 CORPUS CHRISTI BAY C H A N N E LC R E E K OSODELCAYO DEL OSO LAGUNA MADREGULF OF MEXICONUECES BAY D I S T 4 D 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EUSTATIUSL E O P A R D S R D O U G LA S HALA PIT M ARGARETFIRST NATIONALSO U T H G AT E PRIMROSEDOSSLYNHURSTSTARDUSTBACKSIDE SEINETOLMANFOX TAILCROWN ROYAL W IT T N E R MC DANIEL O AK BAYWALNUT HILLS SPOHN SOUTHALEXANDRIASOUTHBAYBAYSHORESTANLEY TOLEDOCHRISTINE BAR LE DOCWINDROSEDEWBERRYKATHERINEMAHBIBREAKER N E E S A LONGALLENBRISK WINDTUL I PELDERBERRY BASINABERDEENKRESSOWENSWANTNER YOSEMITE HUNTWICK S T R O M A N SPENCERCAIROHENDERSON L O V E R SYERBYLORRAINE K E L T I CMEADOWLANEBRANSCOMB IROQUOISFO R E S TSUNBURSTKEYAN RUBY BAYCAPLINMOONLAKE RIDGE RIOMR IV E R TO N SHADY CREEKBURKECOMPL EXSTEWARTEMPIRE STATEHIGH RI DGEBELLACCORPORATEBELL ISLEMISSOURI KING RIVER SANDBAR LUZONA C C E S S 3 A W A L N U T BROOKLANECROSS RIVERMEDINAHCHENOWETHDOGGE T T BRISTONBRAESWOODFALLOW CENTRAL PARKROANOKE BLUE OAKWINDY WAYPANGANI WEST WINDT U P P E R SAMBAR VALLEY VIEWRADIALSAPPHIRERIVERGATEHARNEYAUDNQUAI L RUNPORTO VILLAGEO COUGARLOUISVILLEL EST ERGULF STREAM GREENAHERN ISLAND PARK GRAND ISLEGLENMONTPREAKNESSMORNINGSIDERIDGE STONEBELLO LINDA B O U RBO NAIS H IL L C O U N T R YDIANA SAULT HUMBLEBRIGANTINE H E A D S A ILMATTHEW L ODGE CAPE VISTANUECESTOWNALLIER CHEVY CHASE SPRING WINDSUMMERTIMELULAC O O P E R L H E A D BRINE MADIERA STANTONTATEWAYSABAL TANZANITEIM PE R IA LALOHAASHLOCKSEASHORENAPLESMORRIS O CEAN CADDOTOPEKA PRESA S E V E NT E E NT HU P R IV E R FIGCAMBRIDGECO LEM ANIVYA L A ME D A MESQUITEMILDREDOCEAN L ANT ANALA K E SHIELSA L L E Y T E N T H DOLPHINCASTENONALLEYNOGALES BARNES BLUNDELLFRIO DELAINECARROLLE L KLOUISIANASHERIDANSOUTHBAYMORRISJEANMARIONA N T E LO P E U P R I V E R CARRI Z OE I G H T E E N T H MARGUERITESE C O ND DEVONBRAWNERYORKTOWNALLEYS I X T E E NT HOMAHAUP RIVER CHERYLHERNDONI 37UP RIVER SHORELI NECASA BLANCALIPANCOLEELM KOSAREKJOYCE HAMLINSHORELINELAVACAWALDRONOMAHA CLAREA L L E Y LAMONT J OY CE BRADSHAW LEOPARD OHIOSAMMC BRIDEHE I NS OHNNUECESPRESCOTTBRAWNERELGINOMAHA CARIBBEAN O DAY STAPLESMIRAMARDENVER B AL B OA AI RL I NELE O P A R D RIGGANOCEAN KASPERMONETTESAVAGER U THHALL BRAWNERNAPLESNAPLESKENNEDYD ILLO N ODEMM ARYB E A R COSNERSUNNY LEEWARDA L L E Y CORALELIZABETHPOTHC O LE M A N TROYBUFO RD YALE SUMMERS PANAMAWACOJACKSONCLOYDE HAZELGOLLIHARREHFELDLEOPARDCRAIG REDWOODSHORELINECANTWELL DODDW E S T P O IN TLANTANANILEAUSTIN THIR D JANSSEN T A N C A H U A S OUT HERN MI NE RA L S BRENTWOODOSO TARLTON LAMONTNUECES BAYPORTBREWSTERMOHA WK ELGINSARITAEASYAUSTINLOU MIRAMARDODYO C E A NLEXINGTON LANDS GRANTCAROLYN CATALINAMOKRYHOUSTONRETAMADAYTONAUP R I V E R LE O P A R D LANSDOWNPECAN CHASEFIFTH SHELY M O R G AN HUNT ERT UL OS OMOKRYGLENOAK UP RIVER LAREDOGOLLIHAR WOODLAWNP ORT ASHLANDCORALWACOORMONDLA COSTA DALYYORKTOWNCATALINAHUDSONCL ARES I X T E E N T H INDIANARODD FIELDMONETTEOSOU P R I V E R WILLIAMSDALYJEANBRAWNERTOPEKA SAVOY CABANISS KI N G HANCO C KLEOPARD STIRMANSHELY PEERMANM A R Y NINETEENTH LEXINGTON PRINCEHORNECR 69AGNESO C E A N GREENWOODPALMWILSHIREH A M P S H IR E City of Corpus Christi THIS DATA WAS COMPILED FROM VARIETY OF SOURCES.THE DATA ACCURACY AND TIMELINES ARE NOT GUARANTEED. 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ISL AND CRESTWICK P A D R E I S L A N D CARROLLPADRE ISLAND WOLFC L A R E SHEA ESPLANADE PADRE ISLANDPADRE IS L A N D PADRE ISLAND DALYPADRE ISLAND MONTEGO BRAESWOODPADRE ISLAND BONHAMHULLO S OBOWIEO DAY PADRE ISLAND GI NGERBERRYYORKTOWN CABANISS ELKPADRE ISLAND WHARTONSARATOGA W E I S K O P F PADRE ISLAND OSOJOYCE PADRE ISLAND PADRE ISLAND R O D D F IE L DJEANSARATOGA BONNER JOHANNA PADRE ISLAND PADRE ISLAND H WY 2 8 6 DALYFREDS FOLLYIMPALAYORKTOWN WILLIAMS PANAMA WOLFY O R K T O W N DISTRICT 5 µ Council Presentation May 12, 2020 Street Preventative Maintenance Program (SPMP) Update & 2020 Work Plan 1 2 Street Improvement Plan (SIP) Street Preventative Maintenance Program (SPMP) $14 M / Year 3 Total Street Network (Total 1,218 Center Lane Mile) Area Area (SY)Center Lane Miles Average PCI % of Total Network ADP Downtown 1,695,984 82 61 8% District 1 4,859,726 292 53 23% District 2 3,328,199 185 48 16% District 3 3,222,589 181 50 15% District 4 4,116,514 261 57 20% District 5 3,630,444 217 63 17% Total 20,853,456 1,218 4 Street Condition Assessment & Inventory Pavement Condition o Micro-PAVER uses 20 pavement distresses in condition surveys: Alligator cracking, rutting, potholes, block cracking, corrugation, bleeding, raveling, shoving, slippage cracking, joint reflection cracking, depression, edge cracking, bumps & sags, railroad crossing, patching & utility cut patching, swell, weathering, polish aggregate, shoulder drop off, longitudinal & transverse cracking. Pavement Condition Index (PCI): o PCI’s are calculated using: each of the pavement distresses observed; density/quantity of each; and severity level of each. o PCI calculated value: is a weighted composite index of each pavement distress observed and deduct value for each; and is used to identify pavement maintenance & rehabilitation treatment candidates (i.e. reconstruction, overlay, seal coat). Data Collected on a 2-Year Cycle (TransMap) 5 Classification of Streets PCI Range PCI Condition Principal Arterial Major Arterial Minor Arterial Collector Local Residential Total Percent of Network Percent Condition 91-100 Excellent 11.83 9.41 6.58 24.42 85.59 137.83 11.53 81-90 Very Good 15.70 9.28 3.04 51.83 142.40 222.25 18.60 61-80 Good 25.89 25.64 2.92 37.52 98.96 190.93 15.98 41-60 Fair 11.30 18.70 4.65 24.30 141.81 200.76 16.80 21-40 Poor 8.65 8.48 0.13 26.45 175.84 219.55 18.37 0-20 Failed 1.47 0.70 0.41 25.12 195.61 223.31 18.69 74.84 72.21 17.73 189.64 840.21 1,194.63 100% Street Network Conditions Reactive Maintenance Time- 25 YearsPavement ConditionPreventive Maintenance Pavement Life Extended Rehabilitation / Reconstruction Expensive Maintenance Zone Effective Maintenance Zone Optimized Maintenance 7 2020 SPMP Work Plan 8 SPMP Street Selection Criteria 1. Work based on Pavement Condition Index (PCI) scores: Streets selected based on % of concrete and street deterioration 2. Work Distribute by Street Classification (Residential, Collectors & Arterials) based on Capital Assets (% of Network) 1. Coordinate work for Residential by Neighborhood and initial subdivision construction dates 5. Distribute work by percentage by Maintenance Applications and Contract and In-House Programs 6.Prioritize by traffic loads causing potential premature failure of roadway Dist 1 23% Dist 2 16% Dist 3 15% Dist 4 20% Dist 5 17% Downtown 8% Need by District Arterial 33% Collector 23% Local 44% Need by Road Classification Dist 1 17% Dist 2 5% Dist 3 34% Dist 4 22% Dist 5 12% Downtown 10% Work Plan by District Arterial 71% Collector 22% Local 7% Work Plan by Road Class 2020 (Year 7) Work Plan Target Target percentages based on Square Yards of Pavement in each District/Category relative to the total City System. 10 Proposed 2020 (Year 7) SPMP Work Plan - $14 M / Year Overlays Ultra-Thin TOTAL Streets Maintained 24 7 31 SYs 183,910 231,346 415,256 Center Lane Miles 10 7 17 % Arterial 16%48%64% % Collector 19%8%27% % Residential/Local 9%0%9% 11 SPMP 2019 Update •79 Streets identified in SPMP 2019 •Original work plan −51 Overlay −28 Ultra-Thin •Revised work plan after evaluation −71 Overlay −5 Ultra-Thin −3 Removed (Programmed as separate projects) •Construction Progress −Notice to Proceed issued on 3/2/2020 −54 of 71 Overlay streets released to Contractor for construction (approx. $11M) 10 complete 14 under construction −5 of 5 Ultra-Thin streets released to the Contractor for construction (approx. $1.5M) 12 Next Steps •SPMP 2020 Work Plan (Resolution – This Item) - $7M to be designed by Consultant - $7M to be designed by in house design team - Estimated construction to being Summer 2020 •Evaluation of FY 2021 streets begins June - SPMP 2021 Work Plan for Council approval July 2020 - All delivery orders prepared by in house design team •Concurrent Development of the 5 year Infrastructure Management Plan (IMP) 13 SPMP Program Status Website for Program status reports: https://www.cctexas.com/street-project-status 14 Questions? SPMP FY 2019 STREETS REVISED WORK PLAN STREET FROM TO MPC W PCI DISTRICT OVERLAY ADMIRAL PADRE ISLAND DR LAKESIDE LOCAL 56 4 *REMOVE ALAMEDA MC CALL HOFFMAN ARTERIAL 65 2 OVERLAY AQUARIUS DAS MARINAS DR. TOPSAIL COLLECTOR 70 4 OVERLAY AYERS EDWARDS CLEMMER ARTERIAL 69 2 OVERLAY BALDWIN PRESCOTT AYERS ARTERIAL 56 2 OVERLAY BARONS BEVECREST ST DEAD END NLOCAL 603 OVERLAY BURNEY EVERHART RD LANSDOWN LOCAL 57 2 OVERLAY BURNHAM FULWELL STAPLES SLOCAL 575 OVERLAY BURR WHITAKER LUCILLE LOCAL 63 4 OVERLAY BURTON HOLLY RD BONNER LOCAL 62 3 OVERLAY CASCADE OLYMPIA ST ANDREWS LOCAL 58 5 OVERLAY CASTLE FOREST CASTLE RIVER DEAD END ELOCAL 611 OVERLAY CASTLE TOP CASTLE RIVER DEAD END SLOCAL 591 OVERLAY CAYO GORDA CUMANA DEAD END SLOCAL 574 OVERLAY CEDAR PASS DR EVERHART RD RIDGE STONE COLLECTOR 83 5 OVERLAY CHAMIZAL ROUNDROCK MOUNTAIN VIEW LOCAL 60 1 OVERLAY CHARLES HARRINGTON DR TURNING LEAF DR COLLECTOR 65 1 OVERLAY CLARION MCARDLE RD DELTA LOCAL 56 4 OVERLAY CRESCENT SPID MC ARDLE LOCAL 57 4 OVERLAY DASMARINAS WHITE CAP DEAD END SLOCAL 574 ULTRATHIN DODDRIDGE ALAMEDA STAPLES ARTERIAL 65 2 OVERLAY DUCAT REALES DEAD END LOCAL 61 4 OVERLAY DUNSTAIN FONTANA AVE YELLOW OAK LOCAL 64 1 OVERLAY E. LAKESIDE PADRE ISLAND DR LAKESIDE COLLECTOR 57 4 OVERLAY ELIZABETH SANTA FE STAPLES COLLECTOR 59 2 ULTRATHIN EVERHART SARATOGA CEDAR PASS DR ARTERIAL 75 5 OVERLAY EVERHART CENTER DR CLINTON DR ARTERIAL 65 4 OVERLAY FLOUR BLUFF YORKTOWN BLVD RAMFIELD ARTERIAL 68 4 OVERLAY FORTUNE ENTERPRIZE PKWY BEAR LANE LOCAL 57 3 OVERLAY GAVILAN GREENWOOD LOS ROBLES COLLECTOR 58 3 OVERLAY GERTRUDE MATLOCK MILITARY LOCAL 57 4 OVERLAY GLENOAK WALDRON RD DEBRA LN COLLECTOR 69 4 OVERLAY GREENWOOD WEST POINT TROJAN ARTERIAL 66 3 OVERLAY HANDOVER GREELY ALAMEDA SLOCAL 584 OVERLAY HORNE GREENWOOD COLUMBIA ARTERIAL 65 3 OVERLAY IH 37 MESQUITE SHORELINE (NORTH) COLLECTOR 66 1 OVERLAY ISABELLA WHITE CAP BLVD DEAD END SLOCAL 644 OVERLAY JACKTAR BARATARIA CROSSJACK ST LOCAL 58 4 OVERLAY JOLLY ROGER AQUARIUS DEAD END WLOCAL 604 OVERLAY KING TRL SOUTH STAPLES KING LANE LOCAL 66 5 ULTRATHIN LAREDO ST SIXTEENTH TWENTY FIRST (AGNES) ARTERIAL 63 1 OVERLAY LEOPARD CALLICOATTE RD REHFELD ARTERIAL 77 1 OVERLAY LEOPARD AKA UP RIVERUP RIVER ROAD STATE HWY 77 ARTERIAL 66 1 OVERLAY LOS ARROYOS LAS MIRAS DR LOS RANCHEROS LOCAL 66 5 OVERLAY LOVEBIRD ORIOLE WAXWING LOCAL 77 4 ULTRATHIN MORGAN PORT AVE BALDWIN ARTERIAL 91 1 OVERLAY NICHOLS POWELL DR SPAULDING DR LOCAL 68 1 *REMOVE OCEAN COUNTRY CLUB POENISCH ARTERIAL 58 4 OVERLAY OPPORTUNITY ENTERPRIZE PKWY ENTERPRIZE PKWY LOCAL 57 3 OVERLAY OSO SKING ACRES DR LAGO VISTA DR COLLECTOR 73 5 OVERLAY PAUL JONES HOLLY VETTERS COLLECTOR 79 4 OVERLAY PORT BUFORD MARY ARTERIAL 71 1 OVERLAY PRESCOTT SALAZAR TROJAN LOCAL 64 3 OVERLAY RAPIDS WOOD RIVER CALAVERAS LOCAL 69 1 OVERLAY RIVER FOREST CALALLEN MOON RIVER LOCAL 60 1 OVERLAY RIVERWOOD F M 624 RIVER HILL LOCAL 60 1 OVERLAY ROCK CREST ANVIL LA SALLE LOCAL 60 5 OVERLAY ROSLYN PRESCOTT SARITA LOCAL 56 2 OVERLAY SANTA FE AYERS‐BOOTY LOUISIANA COLLECTOR 69 2 4/24/2020 1 OF 2 SPMP FY 2019 STREETS REVISED WORK PLAN STREET FROM TO MPC W PCI DISTRICT OVERLAY SEINE RHINE DEAD END NLOCAL 605 *REMOVE SHAWNEE BALDWIN ST CHIPPEWA ST LOCAL 60 1 OVERLAY SHORELINE BELDEN WILLIAMS ARTERIAL 72 1 OVERLAY SOLEDAD GREENWOOD CARVER LOCAL 56 2 OVERLAY SPRING CREEK SPRING CREEK DR DEAD END LOCAL 59 1 OVERLAY STAPLES PADRE ISLAND DR GOLLIHAR ARTERIAL 74 2 OVERLAY STONEWALL CHARLES SHALLOW CREEK DR COLLECTOR 70 1 OVERLAY SWORDFISH CABANA E COMMODORES LOCAL 56 4 OVERLAY TEAL BEAL WOOD RIVER LOCAL 58 1 OVERLAY TIGER WEBER RD CARROLL LN COLLECTOR 71 3 OVERLAY TROJAN CASTENON GREENWOOD COLLECTOR 65 3 OVERLAY UP RIVER RD FAIRVIEW IH 37 COLLECTOR 76 1 OVERLAY VEGA JAMAICA CHARLOTTE LOCAL 56 4 OVERLAY W. LAKESIDE N A S DR PADRE ISLAND DR LOCAL 59 4 OVERLAY WALDRON PADRE ISLAND DR 280' S OF PADRE ISLAND DR ARTERIAL 74 4 ULTRATHIN WEBER RD MC ARDLE RD PADRE ISLAND DR ARTERIAL 76 2 & 3 OVERLAY WILD OLIVE SOUTH OSO PKWY DEAD END LOCAL 58 5 OVERLAY WINDSONG WOOLDRIDGE RD ROSELAND DR LOCAL 58 5 OVERLAY WOOLDRIDGE LAS BRISAS QUEBEC DR COLLECTOR 74 4 OVERLAY WOOLDRIDGE AIRLINE RD DEWBERRY COLLECTOR 77 5 * Scheduled as separate project. 4/24/2020 2 OF 2 DATE: June 9, 2020 TO: Peter Zanoni, City Manager FROM: Michael Markle, Chief of Police MikeMa@cctexas.com (361) 886-2601 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a one-year service agreement with two additional one-year option periods with Unified Service Associates in an amount not to exceed $93,143.76 and a three year total not to exceed $279,431.29, for custodial services for the Police Department with FY 2020 funding in the amount of $31,047.92 available in the General Fund. SUMMARY: This motion authorizes a one-year service agreement, with two additional one-year option periods for custodial services for the Police Department. The Contractor will provide custodial services at the Police Department’s main building, including Municipal Court in all designated spaces including rest rooms, office spaces, conference rooms, court rooms, auditorium, locker rooms and parking lots. BACKGROUND AND FINDINGS: Custodial services will be performed at the main police building located at 321 John Sartain Street including Municipal Court in all designated spaces including restrooms, office spaces, conference rooms, court rooms, auditorium, locker rooms and parking lots. The Police Department has been utilizing the services of Unified Services Associates for the past year at outlying police facilities and have been satisfied with their services. Custodial Services for Police Department AGENDA MEMORANDUM Action Item for the City Council Meeting June 9, 2020 The Contracts and Procurement Department conducted a competitive Request for Bid process and received three responsive, responsible bids and is recommending award to the lowest, responsive, responsible bidder, Unified Service Associates . ALTERNATIVES: The alternative to awarding this contract would be to hire personnel to provide the custodial service for Police Department. FISCAL IMPACT: The fiscal impact for the Police Department in FY 2020 is $31,047.92 for this service agreement. The remaining cost of $62,095.84 will be budgeted in FY 2021 years through the annual budget process. The remaining $186,287.53 will be budgeted in future years if the two additional one-years options are agreed upon. Funding Detail: Fund: 1020 General Fund Organization/Activity: 11870 Mission Element: 151 Project # (CIP Only): N/A Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this motion authorizing a one-year service agreement, with two additional one-year option periods with Unified Service Associates for custodial services for the Police Department as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tab CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BUYER: CINDY RAMOS QTY Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price 12 MO $7,761.98 $93,143.76 $7,992.75 $95,913.00 $8,784.64 $105,415.68 BID TABULATION Unified Service Associates ABM Texas General Services, Inc. ACE Communications Limited Co dba ACE Custodial Services-Main Police Building (Main Police Station and Municipal Court) CUSTODIAL SERVICES FOR POLICE DEPARTMENT Description Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SERVICE AGREEMENT NO. 2932 Custodial Services for Police Department THIS Custodial Services for Police Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Unified Service Associates (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Custodial Services for Police Department in response to Request for Bid/Proposal No. 2932 (“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 Custodial Services for Police Department (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for one year, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to two additional one-year periods (“Option Period(s)”), provided, the parties do so by written amendment 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 $93,143.76, 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. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Pat Eldridge Department: Police Department Phone: 361-886-2696 Email: Pat@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 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 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. DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Pat Eldridge Title: Police Management Service Director Address: 321 John Sartain St., Corpus Christi, TX 78401 Phone: 361-886-2696 Fax: 361-886-2614 IF TO CONTRACTOR: Unified Service Associates Attn: Samuel J., Salas Title: General Manager Address: 414 N. General McMullen Ste. 111, San Antonio, TX 78237 Phone: 210-473-1835 Fax: N/A DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 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 comply with any of the terms 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. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 20.Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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. 22. 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. 23.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). 24.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. 25.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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. 26.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 27.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: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Kim Baker Director of Contracts and Procurement 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. 2932 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 Page 1 of 11 ATTACHMENT A: SCOPE OF WORK 1. General Requirements The Contractor will provide custodial services at the Main Police Station and Municipal Court, 321 John Sartain St. Corpus Christi, Texas 78401, as described herein. Custodial services apply to all designated spaces including, but not limited to halls, rest rooms, office spaces, reception areas, conference rooms, court rooms, auditorium, weight room, showers, locker rooms, parking lots, work areas, entrance ways, lobbies, storage areas, elevators, warehouse areas, stairways, stairwells, and turning off all lights not required and securing all windows and doors as required for security as each job site is completed. 2. Scope of work A. The services the Contractor will provide include furnishing all management effort, supervision, transportation, labor, equipment, approved materials and supplies to perform custodial services as required. B. Custodial Cleaning Duties: Cleaning will include areas under furniture, furnishings, floor mats, and runners. Small pieces of furniture such as tables, chairs, trash cans, etc. will be moved to facilitate cleaning. Large pieces of furniture such as desks, file cabinets, book cases, etc. will not be moved. All furniture and furnishings will be restored to their proper locations after cleaning has been completed. The Contractor will submit to the Contract Administrator for approval a monthly schedule which corresponds to the required tasks and frequencies. Cleaning frequencies, cleaning requirements, summary and special cleaning and/or frequency requirements are specified below as follows: C. Floors 1. 1st Floor Property Room Gun Storage and 2nd Floor Weight Room Gym floor (Sweep and Mop) a. Daily - Rubber flooring will be swept and mopped daily removing all loose dirt, lint, and foreign matter. 2. Vinyl and Ceramic Tile Floors, Approx. 4,800 sq. ft (Sweep, Mop, and Buff) a. Daily - All vinyl tile floors will be mopped daily with an approved cleaning solution to present a clean appearance, free from dirt, traffic marks, streaks, scuff marks, stains, and foreign matter. b. Monthly or as needed- Floors will be buffed. c. Daily - When floors cannot be satisfactorily cleaned otherwise, they will be spot scrubbed. d. Daily - Floors will be treated with a rejuvenator or finishing compound as necessary and buffed when completely dry to provide a uniform glossy appearance. e. Daily - All baseboards, doors, and walls will be cleaned of any mop and buffer splatters. f. Daily - Contractor will ensure that contract employees observe all safety precautions including the posting of warnings such as wet DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 Page 2 of 11 floors. g. Bi-Annual – Strip and wax flooring to a high buff finish. 3. Carpeted Floors and Rugs Approx. 4,800 sq. ft (Vacuum and Spot Clean) a. Daily - Carpeted areas, rugs, and mats will be vacuumed free of all loose soil and debris. b. Daily - Unusual spots, spills, streaks, or stains will be spot cleaned with an approved cleaner. c. Bi-Annual – Shampoo and dry all carpets. D. Rest Rooms and Shower Stalls 2nd Floor Gym 1. Three times Daily - (Monday thru Friday) All public restrooms throughout the Police Building will be cleaned twice daily approximate times 10:00 am and 2:00 pm. The night shift will conduct a third cleaning. 2. Daily – (Monday thru Friday between 8:00 am – 5:00 pm) Private office restrooms will be cleaned once daily. 3. Daily - Restroom fixtures, urinals, lavatories, and sinks will be washed inside and outside utilizing a disinfectant and will be free of dirt. 4. Daily - The floor will be wet mopped with a disinfectant. 5. Daily - Floor mats where provided by the City will be cleaned free of dirt and stains. 6. Daily - Walls and partitions will be cleaned free of dirt, streaks, stains, and graffiti to the ceiling. 7. Daily - Mirrors will be cleaned and polished. 8. Daily - All metal and hardware will be clean and bright. 9. Daily - 2nd floor Gym will be cleaned twice a day. Once at 10:00 a.m. and once during the evening cleaning shift. Clean and scrub shower stalls, toilets and sinks free of soap film, dirt, and mildew with an approved cleaner. 10. Daily - All waste receptacles will be emptied and trash deposited in dumpster outside the building. 11. Daily - All restroom supply holders including paper towels, toilet tissue, paper toilet seat covers, and soap dispensers will be cleaned and filled daily. 12. Twice Weekly – (Mondays and Thursdays) an approved liquid live bacterial cleaner will be applied to all rest rooms and shower floor drains. 13. Once Weekly - Hard water deposits will be removed weekly from all metal hardware such as water faucets and drinking fountains with approved cleaner. 14. Monthly - The floor will be stripped and a floor sealer will be used but NO WAX will be used. DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 Page 3 of 11 E. Offices, Open Office Space, Conference Rooms, and Court Rooms 1. Daily - Waste baskets will be emptied and a new trash can liner installed if needed, remove torn or wet liners. 2. Daily - All trash will be deposited in dumpster outside the building. 3. Daily – Upon request, white boards, where present, will be erased and washed clean along with trays. 4. Daily - Thoroughly clean all glass surfaces and doors, including glass in doors and partitions. 5. Daily - Doors, woodwork trim, benches, walls, and wall partitions will be wiped and spot free. 6. Daily - Chairs in conference rooms will be neatly arranged around the conference table to present a neat appearance. 7. Daily - Paper Shredding Machines will be emptied, cleaned, and have a new plastic trash bag installed when needed. 8. Weekly – Conference Rooms with wood paneling, wood table, and wooden chairs will be cleaned and polished with a thin layer of furniture polish. 9. Weekly - All furniture, desks, equipment including personal computers, printers, kitchen appliances, snack machines, horizontal ledges, and window sills will be dusted. 10. Weekly - All desks and tables free of papers, documents, and personal effects of City employee will be cleaned or polished as necessary to maintain an acceptable appearance. 11. Monthly - Waste baskets will be washed clean free of dirt monthly and when needed if wet or messy. F. Lobbies, Entrances, and Reception Areas 1. Daily - All furniture, fire apparatus, doors, horizontal ledges, and window sills will be dusted and wiped free of dirt and smudges. 2. Daily - Drinking fountains will be cleaned and disinfected. 3. Daily - Glass windows and walls both inside and out along with railings will be cleaned free of soil and markings including entrance glass doors. 4. Daily - Waste baskets will be emptied and a new trash can liner installed if needed, remove torn or wet liners. 5. Daily - All trash will be deposited in dumpster outside the building. 6. Daily - Miscellaneous hardware and bright metal work will be wiped clean daily. 7. Daily – The three main entrances and two stair well entrances to the Police Department door thresh holds will be swept and cleaned to remove any debris caught in the tracks. 8. Weekly - The three main entrances and two stair well entrances to the DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 Page 4 of 11 Police Department door thresh holds will be polished with approved cleaner. 9. Weekly - Miscellaneous hardware and bright metal work will be polished once a week. 10. Weekly – Drinking fountain surfaces are to be polished free of stains, smudges, and chemical scale build up. G. Stairs and Stairwells 1. This includes stairwell landings, stairs, and steps between landings for four stair wells, two interior stair wells which cover five floors, one stair well leading to the exterior of the building covering four floors, and one stair well leading to the exterior of the building covering two floors. 2. NO WAX will be applied to any landing or stairs. 3. Daily - Interior stair landings and steps will be swept daily. 4. Daily – The two stair well exterior entrances to the Police Department metal door thresh will be swept and cleaned to remove any debris caught in the tracks. 5. Weekly - The two stair well exterior entrances to the Police Department metal door thresh will be polished with appropriate cleaner. 6. Weekly - Interior stair landings and steps will be swept, scrubbed, and damp mopped weekly. 7. Weekly - Hand railings, ledges, grills, fire apparatus, and doors will be cleaned and dusted. H. Elevators 1. The two passenger elevators and one service elevator will be cleaned daily. 2. Daily - All surfaces in the interior and exterior of the elevator cab will be cleaned and polished daily. 3. Daily - Stainless steel areas will be cleaned with an approved stainless steel cleaner. 4. Daily - Laminate walls will be wiped with an approved cleaner. 5. Daily - Vinyl tile floors will be swept and mopped free of all loose soil and debris. 6. Weekly - Vinyl tile floors will be waxed and buffed weekly to assure a shiny, clean appearance. I. Refuse Disposal 1. Daily - All loose trash removed from the buildings will be placed in plastic bags deposited in outside dumpster. 2. Daily - All boxes small or larger will be broken down prior to placing in the dumpster. 3. Daily - If requested, the Contractor will pick up and deposit recyclable DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 Page 5 of 11 waste such as computer paper and aluminum cans in containers separate from the general refuse. The City will provide separate containers for deposit of recyclable materials. 4. 911 Call Center/MetroCom a. Twice Daily – All Trash must be emptied in the 911 Call Center/MetroCom, every day of the week, Monday through Sunday. Times of removal 10 a.m. and 8:00 p.m. b. Daily – sweep floors and clean/dust small kitchen counter. c. Coordinate with 911 Call Center/MetroCom supervisor to clean and dust all desks and computer monitors. J. Kitchen, Break Room, and Vending Areas 1. Daily - Waste baskets will be emptied and a new trash can liner installed if needed, remove torn or wet liners. 2. Daily - All trash will be deposited in dumpster outside the building. 3. Daily - All furniture, equipment, appliances, horizontal ledges, and window sills will be dusted. 4. Daily - Stove tops, counter tops, sinks, and the exterior of refrigerator, freezers, microwaves, and conventional ovens will be washed clean free of dirt and foreign material. 5. Daily – All tables, chairs, doors, woodwork, walls, and cabinets will be wiped clean. 6. Daily - Chairs will be neatly arranged around the table(s). 7. Daily - Thoroughly clean all glass surfaces. K. High Cleaning 1. Monthly - Clean all window blinds and office windows to remove all lint, litter, and soil. 2. Monthly – Clean all air vents in offices, conference rooms, hallways, and public spaces to remove all lint, litter, and soil. 3. Monthly – Clean all light fixtures, globes, reflectors, and plastic panels will be cleaned - free of bugs, dust, grease and other foreign matter. L. 911 Call Center 1. Three Times Daily - All Trash must be emptied three times daily in the 911 Call Center, every day of the week - Monday thru Sunday. Times of removal 10:00 am, 2:00 pm, and 8:00 pm. 2. Monthly – Clean and dust all desk computer monitors. M. Exterior 1. Daily – (Monday thru Sunday) All areas up to 50 feet of the exterior to the Police Station building consisting of entrance stairs, landings, smoker's deck, ramps, parking lots, sidewalks, exterior landscaped areas, and porches leading to the first floor entrance and the service DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 Page 6 of 11 ramps will be maintained free of trash and refuse (including small paper, leaves, empty bottles, cans, cigarette butts, and gum). 2.Daily - Trash will be removed from waste and cigarette receptacles located outside the entrances. 3.Daily - (Monday thru Sunday) there are three main entrances to the building as well as two stair well exits/entrances which consist of stairs and landings. Immediately in front of these entrances are to be swept to the far edge of the sidewalk. Scrub and remove any bird deification or gum. 3.Invoicing Instructions Contractor's invoices will be submitted to Accounts Payable and to the Contract Administrator and or designee within five working days following the end of each month in which services are performed. Invoices submitted prior to the end of the period will not be processed until the period has been completed. The original of each invoice will have attached a summary of work performed and charges. On verification of work actually performed and receipt of Contractor submittals, the Contract Administrator will process invoices for payment. Payment will be based on a monthly charge based on the contract price. 4.Work Site and Conditions A.The work will be performed in the Main Police Building which includes the Main Police Station and Municipal Court on 321 John Sartain St. Corpus Christi, Texas 78401. B.Contractor shall supply the City with a work schedule showing projected work times, days, number and names of personnel. Changes in the work schedule must be approved by the City. C.Normal Business Hours: The Contractor shall have one employee on site and one supervisor on stand-by assigned to Police Building located at 321 John Sartain, Monday – Friday, 8:00 a.m. to 5:00 p.m. On Saturday, Sunday and City designated holidays the Contractor shall have one employee on site and one superv isor on stand-by assigned to Police Building located at 321 John Sartain, 1:00 p.m. to 5:00 p.m. The stand-by supervisor must be able to respond by phone or in person within 30 minutes for assistance or emergencies. D.Night Hours: Nightly services will occur Monday through Sunday and are to be performed after normal business hours. Man-hours utilized will be sufficient to ensure required services are performed in a professional manner. Nightly Services are part of the scope in this contract. Contractor will have a Supervisor on site at the Main Police Building during night hours, excluding City designated holidays. E.Weekend Services: Weekend and or holiday cleaning will not require a supervisor on site; however, a supervisor is required to conduct regular site inspections on weekends. Supervisor must be accessible via phone during weekend working hours. F.Restricted or high security areas will be cleaned, as described in the scope of work above, during normal business hours, Monday through Friday, while a City DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 Page 7 of 11 employee is present (See Attachment A-2). Contractor employees found to be working in any Police or Municipal Court restricted or high security area who have not been cleared in advance or is unaccompanied by a City employee will be required to leave the area immediately and the Contractor will be fined $500 for each employee, per instance. G.Facilities: The City will make available to the Contractor janitorial closets for storage space. Access to the water closets will be shared in the Main Building 1st, 2nd, 3rd, 4th and 5th floors. The Contractor will assume responsibility for safekeeping of janitorial supplies, equipment and facilities and take adequate precautions to ensure areas are kept clean to prevent fire hazards, odors and vermin. Contractor will obtain and post in a conspicuous place OSHA and safety requirements within the facilities for all chemicals used in the performance of this work. At the completion of the contract, areas will be returned to the City in the same condition as received, except for reasonable wear and tear. The Contractor will be responsible for the cost of any repairs caused by negligence on Contractors part or on the part of Contractor’s employees. The City will not provide any office space to the Contractor. The Contractor is respons ible, at the Contractor’s own expense, to secure and maintain the office space necessary for the performance of the Contractor’s work. H.The Contractor will provide all cleaning materials and supplies, necessary for the performance of this contract with the exception of restroom consumables such as toilet tissue, paper toilet seat covers, paper towels, trash can liners, and liquid soap which the City will furnish. Materials and supplies provided will be compatible with equipment provided by the City, of acceptable industry grade and quality, and subject to approval by the Contract Administrator. I.The Contractor is required to furnish all equipment necessary for performance of the contract. Such equipment and use of equipment will be subject to inspection and approval of the Contract Administrator prior and during the life of the contract. 5.Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. All phases of the services rendered under this contract are subject to inspection by the City both during the Contractor's operation and after task completion. If the Contractor's overall performance is unsatisfactory, the City will so notify the Contractor in writing. The Contractor will reply to such notice in writing. The Contractor will reply to such notice within three working days with appropriate corrective action. 6.Safety Requirements A.Accident Reporting: The Contractor will maintain an accurate record of, and will report to the Contract Administrator, all accidents resulting in the death, traumatic injury or occupational disease. All accidents must be reported in writing, in detail, within 24 hours of their occurrence. DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 Page 8 of 11 B. Fire Prevention: The Contractor will familiarize himself and require his employees to become familiar with the method(s) for activating the fire alarm. The Contractor and his employees will observe building regulations regarding smoking and will be cognizant of and observe all requirements for handling and storage of combustible supplies, materials, and daily disposal of combustible waste, trash, etc. C. 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 7. Contractor Employees The Contractor will furnish an adequate number of employees to perform all work specified within the contract. Contractor's employees will conduct themselves in a proper and efficient manner at all times, and especially to maintain a business-like relationship with others. All Contractor employees working under this contract will be identified by a distinctive uniform or other outer garment such as a shirt or blouse; a tee shirt is not acceptable. The employee will wear a picture style identification card on the upper outer garment. Such garment and identification will be provided by Contractor and must be approved by the Contract Administrator. Contractor employee/s found without identifying upper, outer garments or ID's will be removed from the building. 8. Special Instructions Post Award Security Requirements A. The Contractor will comply with all City Security requirements. Due to the nature of Police and Municipal Court information, Contractor employees must have clear Criminal History Backgrounds and this must be verified before each employee is cleared to work in the building. The Contractor will submit the name, address, Social Security Number, height, weight, date of birth, copy of driver’s license or picture ID of the Contractor and each employee hired for work on this contract, a completed Personal History Statement and other forms may be required for security. It will be the Contract Administrator’s decision whether a Contractor’s employee is acceptable to work in the Police/Municipal Court areas. B. Contractor employees found to be working in any Police or Municipal Court area who have not been cleared in advance will be required to leave the area immediately and the Contractor will be fined $500 for each employee, per instance. Changes in personnel will be furnished to the Contract Administrator, in writing, prior to making such changes or before personnel begin working on the property. C. Pre-Performance Conference: Prior to commencing work under this contract, the Contractor will meet in a conference with the Contract Administrator to discuss and develop mutual understandings relative to the execution of this contract. A contract incorporating the provisions of these specifications will be provided by the City for execution by the successful Contractor. DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 Page 9 of 11 D. Performance Evaluation Meetings: The Contractor's Manager will visit the Contract Administrator or designated representative monthly. Additional meetings will be held at the discretion of the Contract Administrator, but not less often than monthly. A mutual effort will be made to resolve all problems identified. DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 Page 10 of 11 ATTACHMENT A-1 CITY RECOGNIZED HOLIDAYS 1. The first day of January (New Year’s Day) 2. The third Monday of January (Martin Luther King, Jr. Day) 3. The last Monday of May (Memorial Day) 4. The fourth day of July (Independence Day) 5. The first Monday of September (Labor Day) 6. The fourth Thursday and Friday of November (Thanksgiving Day) 7. The twenty-fifth day of December (Christmas Day) When a holiday listed above falls on a Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on a Saturday, the preceding Friday shall be considered a holiday. In addition to the above, any day may be designated a holiday by proclamation of the Mayor, upon approval of the City Council. DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 Page 11 of 11 ATTACHMENT A-2 RESTRICTED AREAS Cleaning Occurs – Monday thru Friday, 8:00am to 5:00pm excluding City holidays. 1st Floor: Property Warehouse 2nd Floor: Director of Municipal Courts 4th Floor: Forensics – offices and labs 5th Floor: Chief of Police (clean at 8:00A.M.) Assistant Chief of Police (3 offices) Room 525 DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT BID FORM RFB No. 2932 Custodial Services for Police Department Date: March 15, 2020 PAGE 1 OF 1 Bidder: Unified Service Associates Authorized �Signature: \ � � 1.Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2.Quote your best price for each item. 3.In submitting this bid, Bidder certifies that: a.the prices in this bid have been arrived at independently, without consultation,communication, or agreement with any other Bidder or competitor, for thepurpose of restricting competition with regard to prices. b.Bidder is an Equal Opportunity Employer, and the Disclosure of Interest informationon file with City's Contracts and Procurement office, pursuant to the Code ofOrdinances, is current and true. c.Bidder is current with all taxes due and company is in good standing with allapplicable governmental agencies. d.Bidder acknowledges receipt and review of all addenda for this RFB. Description QTY Unit Unit Price Total Price Custodial Services-Main Police Building (Main Police Station and 12 MO $7,761.98 $93,143.76 Municipal Court) ATTACHMENT B: BID/PRICING SCHEDULE DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I.CONTRACTOR’S LIABILITY INSURANCE A.Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B.Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 C.In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 II.ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; •Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; •Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and •Provide thirty (30) calendar days advance written notice directly to City of any 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, 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. Page 2 of 3 DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 F.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H.It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/26/2019 Risk Management – Legal Dept. Page 3 of 3 BOND REQUIREMENTS: Bonds are not required for this agreement, therefore Section 5. Insurance; Bonds. (B) is null to this agreement. DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 ATTACHMENT D: WARRANTY REQUIREMENTS Section 8. Warranty. (A) & (B) is null to this Service Agreement Page 1 of 1 DocuSign Envelope ID: DF2EAC1C-B53D-4F96-BAAE-7677F3E62355 DATE: May 19, 2020 TO: Peter Zanoni, City Manager FROM: Michael Markle, Chief of Police MikeMa@cctexas.com (361) 886-2601 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing supply agreements with four vendors for a two-year period with each vendor, with an additional one-year option period to provide veterinary medicines and supplies with the following vendors: Miller Veterinary Supply in an amount not to exceed $99,828.45 for surgery supplies; Butler Animal Health Holding Company, LLC in an amount not to exceed $33,954.25 for anesthetics; Elanco US, Inc. in an amount not to exceed $122,921.00 for vaccinations; and, Midwest Veterinary Supply, Inc. in an amount not to exceed $112,923.92 for medical supplies, with FY 2020 funding in an amount of $46,203.45 available in the General Fund. SUMMARY: This motion authorizes four, two-year supply agreements each with an additional optional one-year period for the purchase of veterinary medicines and supplies for Corpus Christi Animal Care Services (ACS) awarded for Groups 1, 2, 3 and 4. If the option periods are exercised, the total contract amount for each contractor follows: Miller Veterinary Supply for group 1-surgery supplies will be an amount not to exceed $149,742.68; Butler Animal Health Holding Company, LLC, dba Covetrus North America in an amount not to exceed $50,931.38 for group 2-anesthetics; Elanco US, Inc. in an amount not to exceed $184,381.50 for group 3-vaccinations; and, Midwest Veterinary Supply, Inc. in an amount not to exceed $169,385.88 for group 4-medical supplies. Veterinary medicines and supplies are used to vaccinate, spay, neuter and care for animals in the ACS adoption program, as well as the services provided to the citizens of Corpus Christi. Veterinary Medicines and Supplies AGENDA MEMORANDUM Action Item for the City Council Meeting June 9, 2020 BACKGROUND AND FINDINGS: Medications and clinical supplies are imperative to ACS ability to function. Due to the large pet overpopulation problem in our city we must focus on intaking animal s that are stray or of public health importance along with animals that are in crisis. These animals are primarily injured, sick, cruelly treated or behavioral cases in need of care. These animals are supplied with medications that help control infectious and zoonotic diseas es and prevent the spread to our citizens and our staff. Injured and sick animals must be provided with both antibiotics and pain medications. All animals are vaccinated according to Guidelines of Standards of Care. All animals are also given flea and tick prevention as well as medication to remove internal parasites that can be transmitted to humans. Spay and neuter is a vital part of our shelter and drugs used for anesthesia, sedation, pain and antibiotics must be utilized. The previous two-year supply agreement with Patterson Veterinary Supply, Inc has expired. Overall, these four new contracts have approximately a $6,150.00 savings when compared to the contract with Patterson Veterinary Supply, Inc. Animal Care Services has been requesting quotes for veterinary medicines and supplies as needed, while this procurement process took place. Miller Veterinary Supply is providing surgery supplies; Butler Animal Health Holding Company, LLC is providing anesthetics; Elanco US, Inc. is providing vaccine supplies; and, Midwest Veterinary Supply, Inc. is providing medical supplies respectively as indicated in the table below. Group Supplier Two-Year Supply Agreement Group 1-Surgery Supplies Miller Veterinary Supply 99,828.45 Group 2-Anesthetics Butler Animal Health Holding Company, LLC 33,954.25 Group 3-Vaccinations Elanco US Inc. 122,921.00 Group 4-Medical Supplies Midwest Veterinary Supply, Inc. 112,923.92 Grand Total 369,627.62 The Contracts and Procurement Department conducted a competitive request for bid process to obtain bids for new contracts. The bid was set up for bidders to bid by group. The City received eight bids for the various groups, and is recommending the awards to Miller Veterinary Supply, Butler Animal Health Holding Company, LLC, dba: Covetrus North America Elanco US, Inc. and Midwest Veterinary Supply, Inc. It should also be noted that some vendors did not bid all the items in a group and were therefore not considered for that group and some bidders changed the quantities or descriptions of the items needed which was not allowed and those items were removed from the bids and will be rebid to maintain a level playing field. ALTERNATIVES: An alternative to accepting this bid would be to require Animal Care Services to purchase veterinary medicines and supplies on an as needed basis, which would not be as productive as having a supply agreement in place. In addition, a long-term agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for Animal Care Services in FY 2020 is $46,203.45 for these four, two- year supply agreements for the purchase of veterinary medicines and supplies . The FY 2020 fiscal impact breakdown follows: Miller Veterinary Supply for group 1-surgery is $12,478.56; Butler Animal Health Holding Company, LLC, dba Covetrus North America for group 2-anesthetics is $4,244.28; Elanco US, Inc. for group 3-vaccinations is $15,365.12; and, Midwest Veterinary Supply, Inc. for group 4-medical supplies is $14.115.49. The remaining cost of $323,424.17, with a potential cost of $508,237.98 if option year is exercised will be budgeted in future years through the annual budget process. These four new contracts have approximately a $6,150.00 savings when compared to the contract with Patterson Veterinary Supply, Inc, who was the previous contractor. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12680 Animal Care Mission Element: 083 Care for In-Custody Animals Project # (CIP Only): N/A Account: 520020 Clinical Supplies RECOMMENDATION: Staff recommends approval of this motion authorizing four, two-year agreements with one additional one-year period to Miller Veterinary Supply for group 1-surgery supplies, Butler Animal Health Holding Company, LLC, dba Covetous North America for group 2- anesthetics, Elanco US, Inc. for group 3-vaccinations and Midwest Veterinary Supply, Inc. for group 4-medical supplies as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreements Bid Tabulation RFB 2757 - Veterinary Medicines and Supplies Item Description Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Sensi Touch sterile surgical gloves Sizes 6-8 200 Box/50 29.41 5,882.00 28.74 5,748.00 28.74 5,748.00 2 2-0 Webmax (Polydioxanone Suture Violet monofilament 30” Reverse Cutting FS-1)600 Box/12 44.09 26,454.00 36.50 21,900.00 56.90 34,140.00 3 2-0 Webmax (25 Meters - Violet Monofilament Polydioxanone Synthetic Absorbable Sterile Suture on a cassette) 25 Cassette 63.19 1,579.75 63.97 1,599.25 76.21 1,905.25 4 0 Webmax (Polydioxanone Suture Violet monofilament 30” Reverse Cutting CP-1)100 Box/12 44.09 4,409.00 49.80 4,980.00 56.90 5,690.00 5 0 Webmax (25 Meters - Violet Monofilament Polydioxanone Synthetic Absorbable Sterile Suture on a cassette) 300 Cassette 41.57 12,471.00 102.29 30,687.00 83.62 25,086.00 6 Sterile Surgical Blade Size 10 (100 per box)50 Box/100 12.18 609.00 10.90 545.00 22.99 1,149.50 7 Isoflurane, USP 250mL bottles 60 250ml/bottle 23.06 1,383.60 20.49 1,229.40 24.12 1,447.20 8 Endotracheal Tube 3.0 20 each 1.27 25.40 1.35 27.00 1.24 24.80 9 Endotracheal Tube 3.5 20 each 1.27 25.40 1.35 27.00 1.24 24.80 10 Endotracheal Tube 4.0 20 each 1.27 25.40 1.35 27.00 1.24 24.80 11 Endotracheal Tube 4.5 20 each 1.27 25.40 1.35 27.00 1.24 24.80 12 Endotracheal Tube 5.0 20 each 1.27 25.40 1.35 27.00 1.24 24.80 13 Endotracheal Tube 5.5 20 each 1.27 25.40 1.35 27.00 1.24 24.80 14 Endotracheal Tube 6.0 40 each 1.27 50.80 1.35 54.00 1.24 49.60 15 Endotracheal Tube 6.5 40 each 1.27 50.80 1.35 54.00 1.24 49.60 16 Endotracheal Tube 7.0 40 each 1.27 50.80 1.35 54.00 1.24 49.60 17 Endotracheal Tube 7.5 40 each 1.27 50.80 1.35 54.00 1.24 49.60 18 Endotracheal Tube 8.0 40 each 1.27 50.80 1.35 54.00 1.24 49.60 19 Endotracheal Tube 8.5 40 each 1.27 50.80 1.35 54.00 1.24 49.60 20 Endotracheal Tube 9.0 40 each 1.27 50.80 1.35 54.00 1.24 49.60 21 Endotracheal Tube 9.5 40 each 1.27 50.80 1.35 54.00 1.24 49.60 22 Endotracheal Tube 10.0 40 each 1.27 50.80 1.35 54.00 1.24 49.60 23 Endotracheal Tube 11.0 40 each 7.95 318.00 8.45 338.00 7.77 310.80 24 Surgical Drape Material 300yds 38.5 yards 50 Box 300 yds 63.53 3,176.50 72.26 3,613.00 69.43 3,471.50 25 Carb O2 Lime Sodasorb 5 gal (generic)20 5 gal 68.24 1,364.80 70.55 1,411.00 87.00 1,740.00 26 Marcaine 0.5% (bupivacaine HCI injection, USP) 50mL Multiple-Dose Vial 60 50ml vial 4.20 252.00 2.75 165.00 69.54 4,172.40 27 Carprofen 50mg/mL Injectable 20mL or 50mL bottle 200 50 ml vial 65.40 13,080.00 51.03 10,206.00 150.67 30,134.00 28 Carprofen 25mg Chewable (Generic)80 Bottle/ 180 72.65 5,812.00 84.60 6,768.00 84.60 6,768.00 29 Carprofen 75mg Chewable (Generic)80 Bottle/ 180 89.65 7,172.00 104.40 8,352.00 104.40 8,352.00 30 Carprofen 100mg Chewable (Generic)80 Bottle/ 180 111.24 8,899.20 96.70 7,736.00 129.60 10,368.00 31 Chlorohexidine Solution 2%10 1 gallon 6.20 62.00 7.00 70.00 6.95 69.50 32 Chlorohexidine Scrub 2%10 1 gallon 19.60 196.00 19.38 193.80 14.77 147.70 33 Ketchum Animal Tattoo 10 tube 16.00 160.00 7.50 75.00 15.63 156.30 34 3M Vetbond Tissue Glue 30 tube 14.24 427.20 13.75 412.50 13.91 417.30 35 Ear Loop Masks 500 Box/50 10.59 5,295.00 4.59 2,295.00 3.78 1,890.00 36 21” Bouffant Caps 5 box 6.94 34.70 6.79 33.95 6.78 33.90 37 Steam Indicator Tape 15 Roll 3.74 56.10 1.84 27.60 3.66 54.90 38 Allowance: Expedited Delivery 1 Lump Sum 125.00 125.00 - - 125.00 125.00 $ 99,828.45 $ 109,033.50 $ 143,972.45 * Page 1 of 5Buyer: Cinty Ramos City of Corpus Christi Contracts and Procurement GROUP 1 - SURGERY GROUP 1 - TOTAL Miller Veterinary Supply Co., Inc. Butler Animal Health Holding Company, LLC dba: Covetrus North America Midwest Veterinary Supply Inc. *NAO Global Health LLC *Boehringer Ingelheim NAO Global Health LLC and Boehringer Ingelheim are non-responsive due to not bidding on all items in the group Item Description Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 39 Simbadol 1.8mg/mL 30 10ml vial 241.50 7,245.00 241.50 7,245.00 40 Midazolam 5mg/mL 10mL Vial 30 10 ml 24.37 731.10 7.83 234.90 41 Acepromazine 10mg/mL 30 50ml bottle 19.23 576.90 19.43 582.90 42 Empty 30mL Vials 500 30 ml vial 64.92 32,460.00 40.45 20,225.00 43 Xylazine 100mg/mL 25 50ml vial 16.71 417.75 17.01 425.25 44 Medetomidine .5mg/mL 10mL Vial 100 10ml vial 139.10 13,910.00 154.55 15,455.00 45 Ketamine 100mg/mL 10ml vial 200 10 ml vial 4.71 942.00 6.18 1,236.00 46 Torbugesic 50ml vial 10mg/ml 50 50ml vial 184.70 9,235.00 184.70 9,235.00 47 Hydromorphone 2mg/mL (20mL)50 20ml bottle 17.93 896.50 26.79 1,339.50 48 Allowance: Expedited Delivery 1 Lump Sum - - 125.00 125.00 $ 66,414.25 $ 56,103.55 ** $ 33,954.25 $ 35,878.55 * ** Item Description Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 49 Canine Distemper-Adneovirus Type 2 – Parainfluenza- Parvovirus Vaccine (Modified Live Virus) 25ct Tray 600 25 ct/tray 63.16 37,896.00 56.88 34,128.00 78.25 46,950.00 78.25 46,950.00 150.00 90,000.00 195.00 117,000.00 50 Canine Bordetella Bronchiseptica Vaccine (Avirulent Live Culture) 25ct Tray 600 25 ct/tray 62.25 37,350.00 69.91 41,946.00 76.25 45,750.00 76.25 45,750.00 148.75 89,250.00 193.38 116,028.00 51 Feline Rhinotracheitis-Calci-Panleukopenia- Chlamydia Psittaci Vaccine (Modified Live Virus and Chlamydia) 25ct Tray 600 25 ct/tray 53.75 32,250.00 61.51 36,906.00 60.25 36,150.00 60.25 36,150.00 140.00 84,000.00 182.00 109,200.00 52 Rabies Vaccine (Killed Virus) 3 year 50ct Tray 300 50 ct/tray 51.00 15,300.00 56.88 17,064.00 57.00 17,100.00 57.00 17,100.00 137.50 41,250.00 178.75 53,625.00 53 Allowance: Expedited Delivery 1 Lump Sum 125.00 125.00 125.00 125.00 125.00 125.00 125.00 125.00 125.00 0.00 125.00 125.00 $ 122,921.00 $ 130,169.00 $ 146,075.00 $ 146,075.00 $ 304,500.00 $ 395,978.00 An Item has been removed due to issues with bidding for the item NAO Global Health LLC and Miller Veterinary Supply Co., Inc. are non-responsive due to not bidding on all items in the group NAO Global Health LLC GROUP 3 - VACCINATIONS Butler Animal Health Holding Company, LLC dba: Covetrus North America GROUP 3 - TOTAL Elanco US, Inc.Boehringer Ingelheim Midwest Veterinary Supply Inc.Merck Animal Health REVISED GROUP 2 TOTAL Butler Animal Health Holding Company, LLC dba: Covetrus North America Midwest Veterinary Supply Inc.*NAO Global Health LLC *Miller Veterinary Supply Co., Inc. Page 2 of 5 GROUP 2 - ANESTHETICS GROUP 2 - TOTAL Item Description Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 54 JorVet Conductive Breathing Bag 2 L 15 each 18.18 272.70 55 JorVet Conductive Breathing Bag 3 L 15 each 21.29 319.35 56 Chamber Brite AutoClave Cleaner (Generic)15 16 ounce 16.28 244.20 57 Integrated Serum Separator Tube 13mmx75mm (Generic) Tiger top 10 100 count 36.23 362.30 58 DipQuick Stain 500mL #3 Counter Stain 2 500 ml 19.89 39.78 59 DipQuick Stain 500mL #2 Stain Solution 2 500 ml 18.74 37.48 60 DipQuick Stain 500mL #1 Fixative 2 500 ml 17.59 35.18 61 Virbantel (pyrantel pamoate/praziquantel) Flavored Chewables (Generic) 30 mg 50 50/bottle 130.28 6,514.00 62 Fecal Float (Sodium Nitrate) 1 gal (Generic)30 1 gallon 7.56 226.80 63 TraZODONE Hydrochloride Tablets USP 100mg 500ct bottle 25 500 ct 16.28 407.00 64 TraZODONE Hydrochloride Tablets USP 50mg 100ct bottle 25 100 ct 2.38 59.50 65 Kimwipes EX-L (Delicate Task Wipes)200 Box of 280 1.98 396.00 66 JorVet Conductive Breathing Bag .5 L 15 each 18.18 272.70 67 JorVet Conductive Breathing Bag 1 L 15 each 18.18 272.70 68 Antisedan (Atipamezole hydrochloride)10 10ml vial 142.00 1,420.00 69 Capstar 25 lb and up 20 60/box 236.70 4,734.00 70 Virbantel (pyrantel pamoate/praziquantel) Flavored Chewables (Generic) 114 mg 50 50/bottle 331.43 16,571.50 71 Capstar 2-25lb blue 20 60/box 227.48 4,549.60 72 Epinephrine 1:1000 1mg/mL 30mL vial (Generic)50 30ml bottle 25.29 1,264.50 73 Convenia 80mg/mL 10mL Vial Injectable 30 10ml vial 324.35 9,730.50 74 Oral/Liquid Gabapentin 250mg/5ml 20 16 ounces 92.66 1,853.20 75 Lime Sulfur Concentrated gallon size 10 1 gallon 87.24 872.40 76 Dexamethasone Injectable 2mg/mL 50mL Vial 5 50mls 4.16 20.80 77 Ivomec 1% Solution Injectable 500mL 4 500mls 64.33 257.32 78 Provecta Advanced XL over 55lbs 160 4 x 4 pack 71.80 11,488.00 79 Miltex Surgical Cleaner Neutral pH Liquid (Generic)25 8 ounce bottle 7.07 176.75 80 Monoject Blood Tube 7mL 13mmx100mm 10 100 count 19.27 192.70 81 Abaxis Micro Tube 1.3mL EDTA (Purple)10 100 count 30.57 305.70 82 Microlube Instrument Lubricant 1 gallon 25 gallon 16.55 413.75 83 Elizabethan Collar (Buster Style) Sz 12.5 600 each 1.30 780.00 84 Elizabethan Collar (Buster Style) Sz 15.0 600 each 1.56 936.00 85 Elizabethan Collar (Buster Style) Sz 20.0 600 each 2.41 1,446.00 86 Elizabethan Collar (Buster Style) Sz 25.0 600 each 3.06 1,836.00 87 Elizabethan Collar (Buster Style) Sz 30.0 600 each 3.86 2,316.00 88 3 Gallon Sharps Container 50 each 57.95 2,897.50 89 Gabapentin 100mg capsules 500 count 40 500 ct 11.38 455.20 GROUP 4 - Medical Supplies Midwest Veterinary Supply Inc. *NAO Global Health LLC *Butler Animal Health Holding Company, LLC dba: Covetrus North America *Miller Veterinary Supply Co., Inc. *Boehringer Ingelheim *Interboro Packaging Corporation Page 3 of 5 Item Description Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 90 Gabapentin 300mg capsules 500 count 40 500 ct 19.63 785.20 91 Abaxis Micro Tube 1.3mL Lithium Heparin (Green)100 100 count 24.60 2,460.00 92 Abaxis VetScan HM5 Hematology Reagent Pack 5 box 467.87 2,339.35 93 Abaxis VetScan Hemoclean 5 Box of 6 17.06 85.30 94 Terramycin Ophthalmic Ointment 1/8oz tube 50 Pckg of 10 13.90 695.00 95 Grafco Lens paper 50 50 sheets per Book 0.87 43.50 96 Praziquantel Injectable 56.8mg/mL 50mL Vial 50 50ml bottle 335.52 16,776.00 97 Cephalexine (Rilexine)300mg 100ct or 500ct bottle (generic)100 100count 40.00 4,000.00 98 Minocycline 100mg 500ct bottle 25 500 ct 116.54 2,913.50 99 Minocycline 50mg 25 100 ct 14.76 369.00 100 Metronidizole 250mg 25 100 ct 4.43 110.75 101 Plain Microscope Slides 72ct – Clear Glass – Ground Edges – 1” x 3” 1.0mm x 1.2mm Thick 50 Box 100 1.86 93.00 102 Terbinafine 250mg 30ct bottle 25 30 ct 2.91 72.75 103 Prednisone 10mg 1000ct bottle 5 1000ct 50.62 253.10 104 Frosted Microscope Slides 72ct 1”x3”50 Box 100 2.76 138.00 105 Syringes 50mL Disposable syringe without needle 50 25 per box 10.99 549.50 106 Penicillin Suspension 250mL 300,000 Units/mL (Generic)100 250mls 8.98 898.00 107 Blue Medicine Vial Medium 400ct 8 dram 3 Box 55.88 167.64 108 Disposable Fecal Loops (Small/Large) 1 Box 12.31 12.31 109 Vet - 10 Urine Reagent Tests Strip 100/Bottle - 1 bottle 5 100/bottl e 20.29 101.45 110 Amber Medicine Vial 100ct 2 ounce-16dram 10 Box 100 count 46.50 465.00 111 Ultra Sonic Cleaner Super concentrate 25 16 ounces 40.00 1,000.00 112 Nipro Syringes 5mL without needle (Luer Lock)30 Box/50 7.42 222.60 113 Nipro Syringes 10mL without needle (Slip)30 Box/100 8.86 265.80 114 Nipro Syringes 20mL without needle (Slip)30 Box 50 10.93 327.90 115 Powered Latex Exam gloves sz Small 500 Box 100 3.72 1,860.00 116 Powered Latex Exam Gloves Sz Medium 500 Box 100 3.72 1,860.00 117 Powered Latex Exam Gloves sz Large 500 Box 100 3.72 1,860.00 118 Revolution for Dogs 85-130lbs 100 5 boxes with 6 doses 493.25 49,325.00 119 Individual Autoclave Instrument Pouch (5.25” x 10”) W/dual internal/external indicators 100 200/box 10.17 1,017.00 120 Abaxis Vet Scan FeLV/FIV (25ct)100 25 count box 337.50 33,750.00 121 Hi-Vite Drops 50 2oz Bottle 9.56 478.00 122 1mL Nipro Syringes w/o needles (Sterile) (Slip)150 Box/100 7.13 1,069.50 123 1mL Nipro Syringes w/ 25g x 5/8” Needle (Sterile) (Slip)150 Box/100 8.47 1,270.50 Page 4 of 5 Item Description Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 124 3mL Nipro Syringes w/ 22G x ¾” Needle (Sterile) (Luer Lock)150 Box/100 5.51 826.50 125 Non-Sterile 200 Non-woven Sponges 4” x 4”, 4 PLY 100 Box/10 2.29 229.00 126 Insulin Syringe w/ 29g x ½” Needle U-100 100ct 20 100/box 8.05 161.00 127 Hypodermic Needle 20g x 1/2” Sterile (100ct)30 100 per box 3.34 100.20 128 Hypodermic Needle 25g x 5/8” Sterile (100ct)30 100 per box 3.40 102.00 129 Hypodermic Needle 22g x ¾” Sterile (100ct)30 100 per box 3.40 102.00 130 Mesh Gauze Bandage Roll 180ct Rolls 1” x 30’100 180/bx 58.31 5,831.00 131 Plain Microscope Slides 72ct – Clear Glass – Ground Edges – 1” x 3” 1.0mm x 1.2mm thick 200 100/box 1.86 372.00 132 Microscope Cover Slips 80 1 ounce 2.07 165.60 133 Sterile Lubricating Jelly 300 5 ounce 1.42 426.00 134 Heparin Injectable 30,000 USP Units/30mL 50 30ml 8.05 402.50 135 Strongid T (pyrantel pamoate) 1 QT 50 Quart bottle 17.99 899.50 136 Panacur (fenbendazole) Suspension 10% (100 mg/mL) 1,000mL 100 1000 ml bottle 117.75 11,775.00 137 Albon (sulfadimethoxine) Oral Suspension 5% 250 mg/5 mL 473 mL 100 16 ounce 77.65 7,765.00 138 Artificial Tears Ointment (Lubricant Ophthalmic Ointment {Sterile}) 1/8oz 20 12 per package 8.30 166.00 139 Allowance: Expedited Delivery 1 Lump Sum 125.00 125.00 232,278.75 ** $ 112,923.92 * ** Revised Group 4 TOTAL Page 5 of 5 Some items have been removed due to issues with bidding for these items. NAO Global Health LLC, Butler Animal Health Holding Company, LLC dba: Covetrus North America, Miller Veterinary Supply Co., Inc., Boehringer Ingelheim and Interboro Packaging Corporation are non-responsive due to not bidding on all items in the group. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form November 11, 2019 SUPPLY AGREEMENT NO. 2757 Veterinary Medicines & Supplies - Group 1 THIS Veterinary Medicines & Supplies - Group 1 Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and Miller Veterinary Supply (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Veterinary Medicines & Supplies - Group 1 in response to Request for Bid No. 2757 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’s bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1.Scope. Contractor will provide Veterinary Medicines & Supplies - Group 1 in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2.Term. This Agreement is for two years. The parties may mutually extend the term of this Agreement for up to one additional one-year periods (“Option Period(s)”), provided, the parties do so by written amendment 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 $99,828.45, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: EA393B6B-DC9C-4FF4-9FF9-09D2763E000DDocuSign Envelope ID: EEB8DEEE-25C7-4D60-9D8E-36FB83F2C69E Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 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: Michelle Jorgenson Department: Animal Care Services Phone: 361-826-4605 Email: michellej@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to 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 products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid price, must be paid by the Contractor within 30 days of receipt of City’s invoice. DocuSign Envelope ID: EA393B6B-DC9C-4FF4-9FF9-09D2763E000DDocuSign Envelope ID: EEB8DEEE-25C7-4D60-9D8E-36FB83F2C69E Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 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. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the 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 in an attachment to this Agreement. 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. DocuSign Envelope ID: EA393B6B-DC9C-4FF4-9FF9-09D2763E000DDocuSign Envelope ID: EEB8DEEE-25C7-4D60-9D8E-36FB83F2C69E Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 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: Michelle Jorgenson Assistant Program Manager Address: 2626 Holly Rd., Corpus Chrsti, TX 78415 Phone: 361-826-4506 Fax: N/A IF TO CONTRACTOR: Miller Veterinary Supply Attn: Randi Charleston Title: Inside Rep. Address: 201 Adams, Fort Worth, TX 76104 Phone: 817-335-5487 ext 6319 Fax: 817-334-0891 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 DocuSign Envelope ID: EA393B6B-DC9C-4FF4-9FF9-09D2763E000DDocuSign Envelope ID: EEB8DEEE-25C7-4D60-9D8E-36FB83F2C69E Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 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 comply with any of the terms 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. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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. DocuSign Envelope ID: EA393B6B-DC9C-4FF4-9FF9-09D2763E000DDocuSign Envelope ID: EEB8DEEE-25C7-4D60-9D8E-36FB83F2C69E Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 22. 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. 23. 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). 24. 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. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) DocuSign Envelope ID: EA393B6B-DC9C-4FF4-9FF9-09D2763E000DDocuSign Envelope ID: EEB8DEEE-25C7-4D60-9D8E-36FB83F2C69E Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Kim Baker Director of Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 2757 Exhibit 2: Contractor’s Bid Response DocuSign Envelope ID: EA393B6B-DC9C-4FF4-9FF9-09D2763E000D 04/27/2020 Inside Sales Specialist Randi Charleston DocuSign Envelope ID: EEB8DEEE-25C7-4D60-9D8E-36FB83F2C69E Page 1 of 2 ATTACHMENT A: SCOPE OF WORK 1 General Requirements/Background Information The Contractor shall provide veterinary medications and supplies. These supplies and medicines will be utilized by the Corpus Christi Police Department Animal Care Services Division, Veterinarian, to treat animals. This contract provides unit pricing for specified items to be purchased on an “as needed” basis by the Animal Care Services Division. 2.Scope of Work A. Products – veterinary medications outlined on the contract pricing sheet shall be provided on an as needed basis. Such supplies include surgery supplies, anesthetics, vaccinations and medical supplies. B.Delivery 1. Contractor shall make inside delivery to City locations within five calendar days to the addresses specified. All prices are F.O.B. destination, inside delivery to City of Corpus Christi facility, freight prepaid. Expedited forty-eight hour delivery services may be required in some instances; therefore, Contractor must be able to provide such service. Additional freight will be paid only when the City has made a request for expedited delivery. 2.Delivery, as used in this section, means the products have been ordered and received by the City. Receipt of products that do not conform to specifications will not be accepted by the City. Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor’s inability to deliver the product within the five calendar day stipulation. Cancellations shall be in writing and sent to Vendor by email, fax, or mail. No restocking fee or payment of any kind shall be owed for orders canceled due to Contractor’s inability to meet the five day delivery deadline. Returns to Contractor of late orders received after the cancellation notice has been sent shall be at the Contractors expense. The City may seek the products from another party if Contractor fails to deliver on time. 3. Delivery must be made during normal working hours, Monday through Friday, 8:00 am to 5:00 pm C.T. C. Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Contractor shall arrange for the return shipment of damaged products. D. Product Expiration Contractor shall provide supplies and medications with a minimum expiration date of 16 months after the delivery date. Any materials delivered with an expiration date of less than 12 months will be returned to Contractor for credit or replacement at Contractor’s expense. E.Discontinued Items DocuSign Envelope ID: EA393B6B-DC9C-4FF4-9FF9-09D2763E000DDocuSign Envelope ID: EEB8DEEE-25C7-4D60-9D8E-36FB83F2C69E Page 2 of 2 In the event that a manufacturer discontinues particular product(s), the City may allow Contractor to provide a substitute for the discontinued product(s) or delete the product(s) from the contract altogether. If Contractor requests permission to substitute a new product, Contractor shall provide the following to the City: 1.Documentation from the manufacturer that the product has been discontinued. 2.Documentation that names the replacement product. 3.Documentation that provides clear and convincing evidence that the replacement product meets or exceeds all specifications of the original product. 4.Documentation that provides clear and convincing evidence that the replacement product will be compatible with all the functions or uses of the discontinued product. 5.Documentation confirming that the price for the replacement is the same as or less than the discontinued product. 6.These provisions related to product discontinuance apply only to products specifically listed in this solicitation document. 3.Special Instructions All medications and supplies including controlled medications, will be shipped to: Animal Care Services c/o Melissa Draper, DVM 2626 Holly Road Corpus Christi, TX 78402 DocuSign Envelope ID: EA393B6B-DC9C-4FF4-9FF9-09D2763E000DDocuSign Envelope ID: EEB8DEEE-25C7-4D60-9D8E-36FB83F2C69E Date: Bidder: ATTACHMENT B: BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM RFB No. 2757 Veterinary Medicines and Supplies \\3\2'D ((\' �� \I � s Authorized \ ef 'I(' ec,o&:\k::uJ?O\t Signature: PAGE l OF 8 kl� 1.Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2.Quote your best price for each item. 3.In submitting this bid, Bidder certifies that: a.the prices in this bid have been arrived at independently, without consultation.communication. or agreement with any other Bidder or competitor. for thepurpose of restricting competition with regard to prices.b.Bidder is an Equal Opportunity Employer, and the Disclosure of Interest informationon file with City's Contracts and Procurement office, pursuant to the Code ofOrdinances. is current and true.c.Bidder is current with all taxes due and company is in good standing with allapplicable governmental agencies.d.Bidder acknowledges receipt and review of all addenda for this RFB. GROUP 1 -SURGERY Item Description Qty Unit Unit Price Total Price l Sensi Touch sterile surgical 200 Box/SO JQ, L\ \ s88d-.00 I 9loves Sizes 6-82-0 Webmax (Polydioxanone2 Suture Violet monofilament 600 Box/12 4 L\ -D� �(o45t..\ _oo 30" Reverse Cuttinq FS-l} 2-0 Webmax (25 Meters -Violet Monofilament3 Polydioxanone Synthetic 25 Cassette (Q0.\l\ \S'lq,1s Absorbable Sterile Suture on a cassette} 0 Webmax (Polydioxanone 4 Suture Violet monofilament 100 Box/12 4l\ .D9 L\L\DC\.CO 30" Reverse Cutting CP-l) DocuSign Envelope ID: EA393B6B-DC9C-4FF4-9FF9-09D2763E000DDocuSign Envelope ID: EEB8DEEE-25C7-4D60-9D8E-36FB83F2C69E 0 Webmax (25 Meters -Violet 5 Monofilament Polydioxanone 300 Cassette Synthetic Absorbable Sterile Suture on a cassette) 6 Sterile Surgical Blade Size 10 50 Box/100 ( 1 00 per box) 7 lsoflurane, USP 250ml bottles 60 250ml/bottle 8 Endotracheal Tube 3.0 20 each 9 Endotracheal Tube 3.5 20 each 10 Endotracheal Tube 4.0 20 each 11 Endotracheal Tube 4.5 20 each 12 Endotracheal Tube 5.0 20 each 13 Endotracheal Tube 5.5 20 each 14 Endotracheal Tube 6.0 40 each 15 Endotracheal Tube 6.5 40 each 16 Endotracheal Tube 7.0 40 each 17 Endotracheal Tube 7.5 40 each 18 Endotracheal Tube 8.0 40 each 19 Endotracheal Tube 8.5 40 each 20 Endotracheal Tube 9 .0 40 each 21 Endotracheal Tube 9.5 40 each 22 Endotracheal Tube 10.0 40 each 23 Endotracheal Tube 1 1 .0 40 each 24 Surgical Drape Material 50 Box 300 yds 300yds 38.5 yards 25 Carb 02 Lime Sodasorb 5 gal 20 5 gal (qeneric) :J'orve-\- Marcaine 0.5% (bupivacaine 26 HCI injection, USP) 50ml 60 50ml vial Multiple-Dose Vial Carprofen 50mg/ml 27 Injectable 20ml or 50ml 200 50 ml vial bottle 28 Carprofen 25mg Chewable 80 Bottle/ 180 (Generic) 29 Carprofen 75mg Chewable 80 Bottle/ 180 (Generic) 30 Carprofen 100mg Chewable 80 Bottle/ 180 (Generic) 31 Chlorohexidine Solution 2% 10 1 qallon 32 Chlorohexidine Scrub 2% 10 1 qallon 33 Ketchum Animal Tat too 10 tube 34 3M Vetbond Tissue Glue 30 tube 35 Ear Loop Masks 500 Box/50 L\ \ ,'J 17 18i .I B � '6J)fn \ e 'ol', I.�l"J I.�'7i , 'dl"J\ 7Ji7 L ?.7 l.�7 I .�7 l,do.7 I.::27I di f'"/ /. ';).7 I.-;J.'1I .a1I, �'7 'l ,C\5 (c�.5'3 lP<o. c1-� LI .#ID �SoL\O 1'J .(o0 9'1.to5 \\\.�t.\ lo, �O \ C\ ,(oO \ V> .D{) { t.( • �t.\ \ o. <"I Page 2 or 8 \ rat.\ 1 l. oo loOC\ .oo \ '3��. lnnJS,4D �c:;.�0 �5.40 �c:;. 4 D ��4D �c; <-\ LJ -SO.?-£J so.Rn Sf'J. 0,c) t;:J') ,P,f) q').W) �O.M Cf'),,� sn.?¾) CI)of3<.J � \9,_CO ol 1lo. s-o \ 3L,t.\,8D �S�.oD \�QBo.00 S<o\'d,oo 'll1�.00 BBC\q.� ln�.oo l q Cb,oo \ rnO 00 L\ a '1, �o s�qz;-,o o DocuSign Envelope ID: EA393B6B-DC9C-4FF4-9FF9-09D2763E000DDocuSign Envelope ID: EEB8DEEE-25C7-4D60-9D8E-36FB83F2C69E 36 21" Bouffant Ca s 5 box 37 Steam Indicator Ta e 15 Roll 38 I Allowance: Expedited Delive l Lump Sum $125.00 $125.00 GROUP 1 -TOTAL I $99,828.45, ��Jt/t;1¾;;lti'f�;,11;�lt(�{{Gi,��-. ·:;l.�·.l�&J;;'����Jf!J1'�.'fti�} t � ,.__; ;:.(�\;{f;��{?�I In ita I GROUP 2 ANE$TM6JICS Item Description �� r-:. __ ._ �-1-1 1 n--� ,_, J7 .JII I IUUUUI I .01 I 19/ I I IC A('\ Midazolam 5mg/ml l 0ml Vial A 1 A --..-.--r"V'I-,;--1 ("\r"V'\-J-1 •'-',-..,1 '-'1 I 1"-A"Z..:TrT'-,:,,------.---0 = Ai") I ,-_,...._,&.,, ":>"--...-..1 \/!-1 ... 1""- I C:liipi] UUIIIC IOIJ 43 44 � , , rv , ..., ',.. �u xy1az1ne I oomg/mL MP.rlP.tomirlinP. Sma/ml 10ml Vial l<AtnminP. lOOmn/ml 10ml vial T ___ f_. -�-,-,-.. ___ , .'.-.I 11"'\. ____ / ___ I ·ruruugc.>IC JUI 111 Y IUI I VI I,�, 1·1 H Hydromorphone 2mg/ml (20ml] Allowance: Expedited Delivery Qty I Unit ")('\ vv _'lf\ '<.(\ I;:('\('\ LO IUU LUU vV �� vv , I lf\_,..,_l 1.1� ---.-V-TTTI---YTUT 1[) �,..., J:;(\rv,I h�HI "'.l() ml \,i,-.,1 oum1 v1a1 IumIvIuI �1 u rm vim .--. -•vulllf VIUI --I ( LVI I JI UVI IJ'C, " LUI I If-' -JUI 11 Unit Price a f'\ _ I 'rl. ,,.,. --O'-.U • ·:; "' IB1. IU _.l l.\.'JL\ rt-__] nr- r\."' -j>IL..J.UU f':.flnlll,__2. Jnl'..AJ Total Price I _,-..n , 7"\ -�-;;: -�Ut'),VV -\ r:Sl-\ \ 0, CXJ �y� o-v ,t, 'I_,... --..p ,z-J;UC7 Item j' Description j Qty j Unit j Unit Price . j Total Price Canine Distemper- Adneovirus Type 2 -.1r,. I n -.. ... -: ...... t-1. , ____ n _ _.. i-· .; ... , 1r- ;JV C::1 J i::.0 UIUIIIIIUVIILU Ui+Vtliv.J Vaccine (Modified Live Virus) 25ct Tray Canine Bordetella Bronchiseotica Vaccine (Avirulent Live Culture) 25ct Tray Feline Rhinotracheitis-Calci Panleukopenia-Chlamydia n-:L.1.,......_; \/,...,..,....._;,...._ IAA-,.J�&;_,.J .JII IUVI Y \,,.A\.....'\._.,H IV \TVl�U Live Virus and Chlamydia) 25ct Tray Rabies Vaccine (Killed Virus) 3 year SOct Tray L('\('\ ')I: ,...� /J.--.._I/ It "-,A 1 ,--,-..r -uucr LJ Cl/ II Uy Lf"\('\ '"IC:: "-V \..,,If H"VY _'lf\('I t;:('I r-t/h�, . 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(..A,' -,-..,-... ,-,.,;-.. 0\()(), IV DocuSign Envelope ID: EA393B6B-DC9C-4FF4-9FF9-09D2763E000DDocuSign Envelope ID: EEB8DEEE-25C7-4D60-9D8E-36FB83F2C69E ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________DocuSign Envelope ID: EA393B6B-DC9C-4FF4-9FF9-09D2763E000DDocuSign Envelope ID: EEB8DEEE-25C7-4D60-9D8E-36FB83F2C69E ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________DocuSign Envelope ID: EA393B6B-DC9C-4FF4-9FF9-09D2763E000DDocuSign Envelope ID: EEB8DEEE-25C7-4D60-9D8E-36FB83F2C69E ATTACHMENT C: INSURANCE REQUIREMENTS No insurance is required therefore; Section 5. Insurance is void for this agreement. Page 1 of 1 DocuSign Envelope ID: EA393B6B-DC9C-4FF4-9FF9-09D2763E000DDocuSign Envelope ID: EEB8DEEE-25C7-4D60-9D8E-36FB83F2C69E Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS Manufacturer's Warranty DocuSign Envelope ID: EA393B6B-DC9C-4FF4-9FF9-09D2763E000DDocuSign Envelope ID: EEB8DEEE-25C7-4D60-9D8E-36FB83F2C69E Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SUPPLY AGREEMENT NO. 3027 Veterinary Medicines and Supplies - Group 3 THIS Veterinary Medicines and Supplies Group 3 Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Elanco US, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Veterinary Medicines and Supplies - Group 3 in response to Request for Bid No. 2757 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’s bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Veterinary Medicines and Supplies - Group 3 in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for two years. The parties may mutually extend the term of this Agreement for up to one additional one-year periods (“Option Period(s)”), provided, the parties do so by written amendment 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 $122,921.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: 73072BF6-8E16-4422-BC22-3F6680F172F5 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 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: Michelle Joregensen Department: Animal Care Services Phone: 361-826-4605 Email: MichelleJ@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to 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 products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid price, must be paid by the Contractor within 30 days of receipt of City’s invoice. DocuSign Envelope ID: 73072BF6-8E16-4422-BC22-3F6680F172F5 Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 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. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the 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 in an attachment to this Agreement. 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. DocuSign Envelope ID: 73072BF6-8E16-4422-BC22-3F6680F172F5 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 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: Michelle Jorgensen Title: Assistant Program Manager Address: 2626 Holly Road, Corpus Christi, Texas 78415 Phone: 361-826-4506 Fax: N/A IF TO CONTRACTOR: Elanco US, Inc. Attn: Margaret Carney Title: Associate Consultant Animal Welfare Address: 2500 Innovation Way, Greenfield, Indiana, 46140 Phone: 800-782-8977 Fax: 317-651-1636 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 DocuSign Envelope ID: 73072BF6-8E16-4422-BC22-3F6680F172F5 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 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 comply with any of the terms 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. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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. DocuSign Envelope ID: 73072BF6-8E16-4422-BC22-3F6680F172F5 Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 22. 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. 23. 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). 24. 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. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) DocuSign Envelope ID: 73072BF6-8E16-4422-BC22-3F6680F172F5 Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Kim Baker Director of Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 2757 Exhibit 2: Contractor’s Bid Response DocuSign Envelope ID: 73072BF6-8E16-4422-BC22-3F6680F172F5 Assoc Consultant Animal Welfare 5/8/2020 Margaret Carney Page 1 of 2 ATTACHMENT A: SCOPE OF WORK 1 General Requirements/Background Information The Contractor shall provide veterinary medications and supplies. These supplies and medicines will be utilized by the Corpus Christi Police Department Animal Care Services Division, Veterinarian, to treat animals. This contract provides unit pricing for specified items to be purchased on an “as needed” basis by the Animal Care Services Division. 2.Scope of Work A. Products – veterinary medications outlined on the contract pricing sheet shall be provided on an as needed basis. Such supplies include surgery supplies, anesthetics, vaccinations and medical supplies. B.Delivery 1. Contractor shall make inside delivery to City locations within five calendar days to the addresses specified. All prices are F.O.B. destination, inside delivery to City of Corpus Christi facility, freight prepaid. Expedited forty-eight hour delivery services may be required in some instances; therefore, Contractor must be able to provide such service. Additional freight will be paid only when the City has made a request for expedited delivery. 2.Delivery, as used in this section, means the products have been ordered and received by the City. Receipt of products that do not conform to specifications will not be accepted by the City. Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor’s inability to deliver the product within the five calendar day stipulation. Cancellations shall be in writing and sent to Vendor by email, fax, or mail. No restocking fee or payment of any kind shall be owed for orders canceled due to Contractor’s inability to meet the five day delivery deadline. Returns to Contractor of late orders received after the cancellation notice has been sent shall be at the Contractors expense. The City may seek the products from another party if Contractor fails to deliver on time. 3. Delivery must be made during normal working hours, Monday through Friday, 8:00 am to 5:00 pm C.T. C. Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Contractor shall arrange for the return shipment of damaged products. D. Product Expiration Contractor shall provide supplies and medications with a minimum expiration date of 16 months after the delivery date. Any materials delivered with an expiration date of less than 12 months will be returned to Contractor for credit or replacement at Contractor’s expense. E.Discontinued Items DocuSign Envelope ID: 73072BF6-8E16-4422-BC22-3F6680F172F5 Page 2 of 2 In the event that a manufacturer discontinues particular product(s), the City may allow Contractor to provide a substitute for the discontinued product(s) or delete the product(s) from the contract altogether. If Contractor requests permission to substitute a new product, Contractor shall provide the following to the City: 1.Documentation from the manufacturer that the product has been discontinued. 2.Documentation that names the replacement product. 3.Documentation that provides clear and convincing evidence that the replacement product meets or exceeds all specifications of the original product. 4.Documentation that provides clear and convincing evidence that the replacement product will be compatible with all the functions or uses of the discontinued product. 5.Documentation confirming that the price for the replacement is the same as or less than the discontinued product. 6.These provisions related to product discontinuance apply only to products specifically listed in this solicitation document. 3.Special Instructions All medications and supplies including controlled medications, will be shipped to: Animal Care Services c/o Melissa Draper, DVM 2626 Holly Road Corpus Christi, TX 78402 DocuSign Envelope ID: 73072BF6-8E16-4422-BC22-3F6680F172F5 ATTACHMENT B: BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM RFB No. 2757 Veterinary Medicines and Supplies I/ 3 J I :J.O� o PAGE 1 OF8 Date: I I Bidder: Gl¥'.l.QW LJ.&, ToLe Authorized L/Y] � Signature:�4 M fa A &>.I., (f 1.Refer to "Instructions to Bidders" and Contract Terms and Conditions beforecompleting bid. 2.Quote your best price for each item. 3.In submitting this bid, Bidder certifies that:a. the prices in this bid have been arrived at independently, without consultation,communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b.Bidder is an Equal Opportunity Employer, and the Disclosure of Interest informationon file with City's Contracts and Procurement office, pursuant to the Code ofOrdinances, is current and true.c.Bidder is current with all taxes due and company is in good standing with allapplicable governmental agencies.d.Bidder acknowledges receipt and review of all addenda for this RFB. Item 1 ,,- ,., V A GROUP 1 -SURGERY Description Sensi Touch sterile surgical aloves Sizes 6-8 2-0 Webmax (Polydioxanone C' .� --\/0-1-i ----f:i----� ...,_ ----- -� -30" Reverse Cutting FS-1) 2-0 Webmax (25 Meters -Violet Monofilament r, - I J•-- - C' --�I,... i• -'-'', �· -,_ ,_ -, -·~ Absorbable Sterile Suture on a cassette) 0 Webmax (Polydioxanone C' -� -- \/:_,_. -- ---,., -.----� � ,_ - -· -30" Reverse Cutting CP-1) Qty ,...,f"lf"I --- Ll"'\I"'\ --- ,,C' -- , f"lf"I �� Unit r, _ IC'I"'\ --·,, -- D-11') -- ,..._ ___ - - i_ - - D-,,,, --.,- Unit Price. - - Total Price ____________________ DocuSign Envelope ID: 73072BF6-8E16-4422-BC22-3F6680F172F5 � v L -, n ...., n , ('\ 1 1 1") ,,., 1 A ·-, I:. 1 L 17 10 10 I')('\ -- ') 1 --�� t"\"'l -- "I.A - l")C: " , L.U "17 -· "" -- -- "" ,_,_ ,.., . --...,_ ""' -- " "� vv 0 Webmax (25 Meters -Violet Monofilament Polydioxanone Synthetic Absorbable Sterile Suture on a cassette) Sterile Surgical Blade Size 10 ( 100 per box) 1--LI ·--_ 1 •�n f'"\r-. 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Jf'\ - .A, It .A') ,I') ,1,1 AC • I J.., C/ 'r, ·- l"'\1 n n - .c..r. ..... � r-,,_ ------..-- c-• -1-....J•--.L-.-T----'-'"" ·-·----,...,� Allowance: Expedited Delivery .ti » ._./-,:; � \ ;:'�•;� ,i, ,.:t.!\ .. -.r • . , C - , r - 1 & � • - � I -- . h -..,_,.''-'" -C' <1'1 "lC f'\I'\ 'I" --... --. -- ,..,."'''" ..------. , _"?, • ...... •Al . ...... -- o·Jo 0 .iJ-,1•; •;-;- ,-. ftl"\I ID � A 111.lr:c.'TL�CTlrt' Description c-: '--..J-1 , ,... � ---....... ·=I .I ·- Midazolam Smo/ml 10ml Vial A ,-.,.._-r_ -:--,n ·--1--.1 --r----,,..,r::�r.+, ':If'\-./ \J:-1�-·� V, ·•--:�,... 1 f\f'\� - 1 � 1 --·-� ·- ·- Medetomidine .5mg/ml 10ml Vial Ketamine 1 00mg/mL 10ml vial ... ----·-r--,:_, ,--1 .I IVl-....-,:,,-,,-JI'-,, --Ill 1',_ IVI 1'-4 II Hvdromorphone 2mq/ml 120ml) Allowance: Expedited Delivery ' -· - Qty ')(\ -- ...,_ ')(\ -- Cf\f\ -,..,,. , (\('I ------�- ,..,... ----vv , . ·- Unit ,,... -..·-·- IV 1111 ,.,... __ , L. ---··-- ··- ')('\ .I .:_1 --.. ,..,...-- 1 f\ I - , ,... ·-· ,:_1 ·- •,I ·- IV 1111 ••-• ,..,... ·'-·'--'" '""' LVI 111 I.JVI IIC " ._...,. 'r-'" -- I Unit Price - d'-1 l"'\I --..., --·-- ,..n"'11nn --•a1 -·-----.. -.,_,._ ��- t:--'ji ! ;c;'#: ir��'.i� r1 ,ii:. _:/f::·'·;,. �:: /:i Ill : i -.l _ i�-\ - .f;. , ,, f.i f, ,., , _;'' .··, �,j • ,;,,:;:; \l:,f GROUP 3 -VACCINATIONS Item Description Qty Unit Unit Price Canine Distemper- Adneovirus Type 2 -G3. IL, 49 Parainfluenza-Parvovirus 600 25 ct/tray Vaccine (Modified Live Virus) 25ct Tray Canine Bordetella 50 Bronchiseptica Vaccine 600 25 ct/tray l.Pa.�5(Avirulent Live Culture) 25ct Tray Feline Rhinotracheitis-Calci- Panleukopenia-Chlamydia 53 .. --+6 51 Psittaci Vaccine (Modified 600 25 ct/tray Live Virus and Chlamydia) 25ct Tray 52 Rabies Vaccine (Killed Virus) 300 50 ct/tray 51.OD3 year S0ct Tray Page 3 of 8 ___, (t11')t:' f\f\ T - •-- -.�� � �' ,; F � , . Total Price - rt-, ,-...r -- '+" --·-- c\' · . ., , ,;;,rii� .. ·. • ··.: · . Total Price 3+, �q'° 3+, 35D 3�)�9) /5 1 3bO DocuSign Envelope ID: 73072BF6-8E16-4422-BC22-3F6680F172F5 53 Allowance: Expedited 1 Lump Sum $125.00 Delivery GROUP 3 -TOTAL \ ,. , :,:,' fJ ,i,'l� � �v �•�tl��!j i}I ••� :, � •A· ' :; �-• � :ti '�· .� ;f \/', "' ., .n:• � .. �� i r 0' � -•• ,l,;;;:;; 'I, �Dl"\IID A u-�t--1 C 11 1!-- Item C:A c:c: -- r , -- r-r - --vU r,..,_ -�..., , , UI , ,., -- , ,.., -- ,:.,1 - LC / I I "7 -�uu If'\ VF Description JorVet Conductive Breathing Bag 2 L JorVet Conductive Breathing Bag 3 L Chamber Brite Autoclave Cleaner (Generic) Integrated Serum Separator ,-. 1 ,... ---.....,. Tiger top -,r ,.... .. ., ...,I'--''-' ''-'' ''--1 DioQuick Stain 500ml #3 Counter Stain DipQuick Stain 500ml #2 Stain Solution DioQuick Stain 500ml # 1 Fixative Virbantel (pyrantel pamoate/praziquantel) Flavored Chewables (Generic) 30 mq Fecal Float (Sodium Nitrate) 1 qal (Generic) TraZODONE Hydrochloride .,. 1-.L llf"or""\ ,--,..,...,... ---.., ----I 1:::::, ----• bottle TraZODONE Hydrochloride T-1,,..1-.1. I IC'n C'A - 1/V'\ .1.��-..J-- --- bottle ;::, ----- Kimwipes EX-L (Delicate Task Wipes) JorVet Conductive Breathing Baq .5 L JorVet Conductive Breathing Bag 1 L Antisedan / A tioamezole hydrochloride) ,.... ___ � r,r: IL..----' •-'-''-'I-'-''-• -- ,.._, '-"1 ''-' "'I'"' Qty 1 C: � 1 r ..., • r ..., , ,... V L. I"\ � -L --,JU ---.JV r.r _..., ,.,r -- l"\l"lr. --- , ,. ..., 1 r: ..., ,� IV ,...,... -- � Unit --...,�-., ..., '-''-- 1 , IV....,.._,, 1-- , --, __ --- I vVV 1111 ------1111 vVV 1111 vV/UVlllv I l:,1UIIVII ------\,..,,I ·----.., n -L --.r'\u-'\,J --- --_ .... --- ---'----- , r, 0 VI OU Yl'-AI �r"\." ------ Unit Price --- - - -- - - Page 4 of 8 $125.00 \-�ff.��-.� ;�-\� '.) i� '�-. Total Price - - - -- $122,921.00 _____ Initial DocuSign Envelope ID: 73072BF6-8E16-4422-BC22-3F6680F172F5 ...,,., 71 _,., --''-' ... , ....,,. IV -/ V 77 --IV "7t"l --vv n, VI "" -- "" -- ,.., . --vv ,.,, ----V/ nn '-''-' ....,,., V/ "" ,..., Virbantel (pyrantel pamoate/praziquantel) Flavored Chewables (Generic) 114 mQ r, -··- _J. ___ I) ,-.,r11- hi, - .....,_r,,'># _, - -- - - --Epinephrine 1 :1000 1 mq/mL 30mL vial (Generic) Convenia 80ma/mL l 0mL Vial Injectable Oral/Liquid Gabapentin 250mg/5ml Lime Sulfur Concentrated gallon size Dexamethasone Injectable 2mg/mL 50mL Vial lvomec 1 % Solution Injectable 500mL Provecta Advanced XL over SSlbs Miltex Surgical Cleaner Neutral pH Liquid (Generic) Monoiect Blood Tube 7mL 13mmx100mm Abaxis Micro Tube l .3mL EDTA (Purple} Microlube Instrument Lubricant 1 qallon Elizabethan Collar (Buster Style) Sz 1 2.5 Elizabethan Collar (Buster Style) Sz 15.0 Elizabethan Collar (Buster Style} Sz 20.0 Elizabethan Collar (Buster Stvle l Sz 25.0 Elizabethan Collar (Buster Style l Sz 30.0 " ,,.... " " ,.... V '.../_,,._, I -,_ ,.._,-.J -.... -• V - Gabapentin l 00mg capsules 500 count Gabapentin 300mq capsules 500 count Abaxis Micro Tube 1.3ml Lithium Heparin (Green) CCA -- I)('\ ----'-'V - vV ---- , ,....- ,.. ..., . ...,. 1 /A ----L...J 1,.., •v , ,... - ,..,,. �v ,----- I"" --- ,---�- ,-----,--uvv ,..,... -- ,n ·- .,., ..,.v ,--, __ PaQe 5 of 8 CCA IL-..--'" -_ _,, "-""' ...., Lf'\ lh-_.,. -- ,,,_ vVIIII UVI I,-.. -- ·-IVIIII VIUI - 1 / -_...,, , __ ..,- 1 - -"- -� .... -- ,..,., --·1111.J ,---VVVllll.l - A, A ---1., ,---- 8 ounce bottle -- , ---1----- , l"\I"\ -- .-J. ----- �UIIVII - ___ ,I - ----- ----- v-...v, - vU\.,I I - --·v-...v, ------VI ____,.. - .. --VVV vi - , "" I --___ .._, II - DocuSign Envelope ID: 73072BF6-8E16-4422-BC22-3F6680F172F5 ,...,... - ,..,,.., , ...., n • , ...,. ni-- f"\, 'V ,..-, , nn ,v nn 1 An -- 1/'\1 V 1 Ar\ --,--...,..., 1,.... , , ,-..,.. ,...,..., 1 n, -- , ,......., ,,...,... ...,..., , --_, 1 1 f\ ..., , , , , , ,.., I 1-'- , , ,.., I IV Abaxis VetScan HM5 Hematoloqy Reaqent Pack . ,_ •' I ,-. 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'-''-' -- ,.., r--J'--'1-''-' Praziauantel lniectable 56.8mg/mL 50ml Vial Cephalexine (Rilexine)300mg ,-----1---1 VI .._,_...,_, "'-"'-'11 . ....., (generic) Minocycline 100mg 500ct bottle I\_A�---• -1�--Cf'\-----'-' - --,,_. • A .._ -·...J• ·-,..,,..,...·- ....., I-•--...., --- I � Plain Microscope Slides 72ct -Clear Glass -Ground Edges -1" X 3" 1.0mm x l .2mm Thick Terbinafine 250mg 30ct bottle Prednisone 1 0mq 1 000ct bottle Frosted Microscope Slides 72ct l "x3" Syringes 50ml Disposable svrinqe without needle Penicillin Suspension 250ml 300,000 Units/ml (Generic) Blue Medicine Vial Medium 400ct 8 dram Disposable Fecal Loops (Small/Large) Vet -10 Urine Reaoent Tests Strip 100/Bottle - 1 bottle Amber Medicine Vial 1 00ct 2 ounce-16dram Ultra Sonic Cleaner Super concentrate Nioro Svrinqes 5ml without needle (Luer Lock) Nipro Svrino.es 10ml without needle (Slip) -V ,.. V _,... vv --vv -- ,.,JV , --I V''V ,... ,.. 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UVA/ I VV Paoe 6 of 8 -- -- - --- ------- - - --- ,,...,...... - DocuSign Envelope ID: 73072BF6-8E16-4422-BC22-3F6680F172F5 ' 1 1 A , , r , 1 / 1 , "7 . -I IV , , ,....' , , ,;r, -- , ", ·--ILL , lj') -- 1 I"\ A l l')C. 1 lj' -- 1 '17 l '"lO , ,;n l '"Jf"I -- 1 '"J 1 - l '"J'"l ,,.,,.., -- , ,.., J Iv , ,.., ,.. ...,..., Nipro Syringes 20ml without needle (Slip) Powered Latex Exam qloves sz Small Powered Latex Exam Gloves SzMedium Powered Latex Exam Gloves sz Larqe ~r ---,. __, r..C::VVIUIIVI I IVI L.JV�:::P U,.r 1-.JUIU.> Individual Autoclave Instrument Pouch (5.25" x 10") W / dual internal/ external indicators Abaxis Vet Scan Fel V /FIV (25ct) I I' \l:.1.- ,..,_ ____ - ...... "-'r--1 ml Nioro Svrinqes w/o needles (Sterile) (Slip) 1 ml Nipro Syringes w/ 25g x 5/8" Needle (Sterile) (Slip) 3ml Nipro Syringes w/ 22G x �,,, U----''-rr-• ••-I /I '� '-''-' ...... ''-' \""' '-'1 """/ \--...... Lock) Non-Sterile 200 Non-woven Sponqes 4" x 4", 4 PLY Insulin Syringe w/ 29g x ½" Needle U-100 1 OOct Hypodermic Needle 20g x 1 /2" Sterile ( 1 OOctl Hypodermic Needle 25g x 5/8" Sterile ( 1 00ct) Hypodermic Needle 22g x ¾" Sterile ( 1 OOct) Mesh Gauze Bandage Roll l �:SUct Rolls l" x 30' Plain Microscope Slides 72ct r-, --,� r•---r-.�- ,---' r--1�---------- ----•.::,---l" x 3" 1.0mm x 1.2mm thick AA"----��--r"'---C'I:-----r---..... - '"' ri __ ,o_ I _,___, __ ,i: __ 1-11-...,.._, l��\.J......,1'-'"'-,..AIIII�--•• Heparin Injectable 30,000 USP Units/30ml Stronqid T (pyrantel pamoate) 1 QT '"'>l"I -- ---vvv rl"ll"I '-'VV C't"lt"I ·--IUU , l"\I"\ -- ·--vv----. _,... lvv 1i::n -- , r-r. -- ·------,._..., ,:,r, ,.,,... ,...,... -- , l"\t"I '")f"lf"I or, '"J/"1/"I ---vv rA vv n_ r-1"1 ... - -·- ... ,--U\JF I VV n , l"\r-. '-""'-"' I vv r,_ , t"lt"I � 5 boxes with 6 doses l"\l"\r-." ------ 25 count box - ...... _;L.. L.I'-' 1'-' " -,, -- """- 'I -...,. Oro.v/lr.A --,, _, n -11 "" --,, -- ... - ,. ,... __ ,..._, u , --/I_ -I VV/ ,._, '-'' 1f"lf"I -- -- '-- --t-" - __ ,, , r.r. --' --,..., ............ , l"\I"\ ---'---- t-'� ~ - r-, , f">t"l /1.... 1nnthro.v ,-·--- t: - ··- ---�� --' vv '--'-l(VUI ,.._.,'--' I llv -- - -- ---- - - ---- --- DocuSign Envelope ID: 73072BF6-8E16-4422-BC22-3F6680F172F5 Paqe 8 of 8 Panacur (fenbendazole} 1000ml bottle 12per package Allowance: Delive DocuSign Envelope ID: 73072BF6-8E16-4422-BC22-3F6680F172F5 ATTACHMENT C: INSURANCE REQUIREMENTS No insurance is required therefore; Section 5. Insurance is void for this agreement. Page 1 of 1 DocuSign Envelope ID: 73072BF6-8E16-4422-BC22-3F6680F172F5 Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS Manufacturer's Warranty DocuSign Envelope ID: 73072BF6-8E16-4422-BC22-3F6680F172F5 Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SUPPLY AGREEMENT NO. 3028 Veterinary Medicines and Supplies Group 4 THIS Veterinary Medicines and Supplies Group 4 Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Midwest Veterinary Supply, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Veterinary Medicines and Supplies Group 4 in response to Request for Bid No. 2757 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’s bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1.Scope. Contractor will provide Veterinary Medicines and Supplies Group 4 in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2.Term. This Agreement is for two years. The parties may mutually extend the term of this Agreement for up to one additional one-year periods (“Option Period(s)”), provided, the parties do so by written amendment 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 $112,923.92, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 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: Michelle Joregensen Department: Animal Care Services Phone: 361-826-4605 Email: MichelleJ@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to 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 products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid price, must be paid by the Contractor within 30 days of receipt of City’s invoice. DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 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. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the 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 in an attachment to this Agreement. 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. DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 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: Michelle Jorgensen Title: Assistant Program Manager Address: 2626 Holly Road, Corpus Christi, Texas 78415 Phone: 361-826-4506 Fax: N/A IF TO CONTRACTOR: Midwest Veterinary Supply, Inc Attn: Jennifer Flickinger Title: Business Development Assoc. Address: 21467 Holyoke Ave., Lakeville, MN 55044 Phone: 800-643-9378 Fax: 952-894-5407 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 DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 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 comply with any of the terms 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. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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. DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 22. 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. 23. 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). 24. 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. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Kim Baker Director of Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 2757 Exhibit 2: Contractor’s Bid Response DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC Matthew Rischette 5/21/2020 Business Unit Director Key Accounts Page 1 of 2 ATTACHMENT A: SCOPE OF WORK 1 General Requirements/Background Information The Contractor shall provide veterinary medications and supplies. These supplies and medicines will be utilized by the Corpus Christi Police Department Animal Care Services Division, Veterinarian, to treat animals. This contract provides unit pricing for specified items to be purchased on an “as needed” basis by the Animal Care Services Division. 2.Scope of Work A. Products – veterinary medications outlined on the contract pricing sheet shall be provided on an as needed basis. Such supplies include surgery supplies, anesthetics, vaccinations and medical supplies. B.Delivery 1. Contractor shall make inside delivery to City locations within five calendar days to the addresses specified. All prices are F.O.B. destination, inside delivery to City of Corpus Christi facility, freight prepaid. Expedited forty-eight hour delivery services may be required in some instances; therefore, Contractor must be able to provide such service. Additional freight will be paid only when the City has made a request for expedited delivery. 2.Delivery, as used in this section, means the products have been ordered and received by the City. Receipt of products that do not conform to specifications will not be accepted by the City. Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor’s inability to deliver the product within the five calendar day stipulation. Cancellations shall be in writing and sent to Vendor by email, fax, or mail. No restocking fee or payment of any kind shall be owed for orders canceled due to Contractor’s inability to meet the five day delivery deadline. Returns to Contractor of late orders received after the cancellation notice has been sent shall be at the Contractors expense. The City may seek the products from another party if Contractor fails to deliver on time. 3.Delivery must be made during normal working hours, Monday through Friday, 8:00 am to 5:00 pm C.T. C.Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Contractor shall arrange for the return shipment of damaged products. D.Product Expiration Contractor shall provide supplies and medications with a minimum expiration date of 16 months after the delivery date. Any materials delivered with an expiration date of less than 12 months will be returned to Contractor for credit or replacement at Contractor’s expense. E.Discontinued Items DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC Page 2 of 2 In the event that a manufacturer discontinues particular product(s), the City may allow Contractor to provide a substitute for the discontinued product(s) or delete the product(s) from the contract altogether. If Contractor requests permission to substitute a new product, Contractor shall provide the following to the City: 1.Documentation from the manufacturer that the product has been discontinued. 2.Documentation that names the replacement product. 3.Documentation that provides clear and convincing evidence that the replacement product meets or exceeds all specifications of the original product. 4.Documentation that provides clear and convincing evidence that the replacement product will be compatible with all the functions or uses of the discontinued product. 5.Documentation confirming that the price for the replacement is the same as or less than the discontinued product. 6.These provisions related to product discontinuance apply only to products specifically listed in this solicitation document. 3.Special Instructions All medications and supplies including controlled medications, will be shipped to: Animal Care Services c/o Melissa Draper, DVM 2626 Holly Road Corpus Christi, TX 78402 DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM RFB No. 2757 Veterinary Medicines and Supplies Date: \ { 1 \.Q \ ?PW PAGE 1 Of 8 Bidder: Jennifer Flickinger Authorhted /k� (J,,. �A,Signature: �vd 1.Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2.Quote your best price for each Item. 3.In submitting this bid, Bidder certifies that: a.the prices in this bid have been arrived at independently, without consultation,comm unication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b.Bidder is an Equal Opportunity Employer, and the Disclosure of Interest informationon file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true.c.Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d.Bidder acknowledges receipt and review of all addenda for this RFB. $56.90 $34,140.00 $76.21 $1,905.25 $56.90 $5,690.00 _____________________ __________ ____________ ________ ATTACHMENT B: BID/PRICING SCHEDULE DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC ,. ..., L -, 0 - 0 , " 1 1 , ,.., , ') - 1 A 1 r' , , , -, 10 10 I")" ') 1 ')') I")') j '),I - I 1 ,..,,. -- r,L -- ,..,-, 1")0 -- " ,..,... - ,...,... -- ':11-,.,,, -- ')') ') A ')I: -- 0 Webmax (25 Meters - Violet Monofilament Polydioxanone Synthetic Absorbable Sterile Suture on a cassette) Sterile Surgical Blade Size 10 ( l 00 per box)'--"· --, ,c-n r,c" I L-.-J.J.1--,..,,_ --,_, ---,� -- C .... ...J-L--L-,..,1 T, ,L-.-')"-·----------·- C .... ...J-J..,..,-1..._,..,1 T ,1,..,.,.... 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I ---,- T 1_-.,1,v "''"' r:" -- L"--,..," -- I")" ,..,..--"" ""-- ')" "" - A,-.-'" - Ar. - At"\ - At"\ - Ar. -"" -""- Ar, - c" ------ 2 Boxes , ,... -- ')""--- ,..,,... -- ,..,... -- ,..,,.. -- l" -,,.. ..., , " -')" -----...,...,..., r-- -_J.J.----- I') - , , "" --., -- l"\C"-1/h-UI-------L.-..--- ---1-. ----'---- ---L. --- ---L. ----- ---1-. ---___ ._---------_, '-''-''-'1 I --'-''-''-'' -_ _.\.,I I --'-''-''-''' --'-''-'-' -,_-""''-''' ---1-.--- ---1-. -------'------ n ,..,,...,... �----, C ,..,,..,1 ..., ::::i� Box of 25 vials ,.,.. I • .I --·1111 'f -· c" �1,.:_, ---· ... I , .----•••vi '""" n--I 1 0"----- n_u,_ / 1nt"\ �---'-'I -- 1 ,.. ,...11-,'"' -�-- 1 --"--�-··- •. L-.------ J. I. I _ _.V ... --UV✓\/ vv $83.62 �L2.�� 11:')A 1') ct1 ... A ct1 ... A .... "'A <l'A "'A T •-......... T •- ct1 "'A .... � T •- Al..o .., A .... .,.._. ..,A T •-... � ... ·- ... "A T •- ... "A T ....... A ... ·- ct1 "A .... ,., .. T •---..,.., T ;i,o�.4J $87.00 $69.54 ll'At:I"\ ,::,-, ... -·- $84.60 !>104.40 :i;,,�.ou ,u,ai:: ... A�� T O'•t: �n T -• ...... I'\ l"\...11 .,.. ...,,v .... "" --.,._, ..., Page 2 or 8 $25,086.00 ,l)I, l'"Tv,;JV <l'A AA7 "ln ,..,,.,. nn -.,.,., .. ,..,....,_ ·--�,.,,. gn--- Cl!,., .. Qf'I ·-- ,,.,, • nn ... -,VV "'"'A ----"',.,.. ,-.n T . ..., ___ ....... _--.., 'v,VV ....... ----·-=-• • Jl ----.n-u.auCl'An an ,.. -·--"'•nan ,.. -·-- .,_An ,-.n-·--Cl'AQ t::n T -· - ..... _ ... ---'t'V' I U,V'V ---.. _ ... --.--,-r , I""""' ;i, 1, ,�u.uu $139.08 a,,,,.. ,4,, .. ,..,.. T--, -·-- ,l)O, /oo.UU --------,i,v,J..J,L.UU n,,i n -,,::,o nn... -, -·-- "'"" t:I"\ -·-ul ... / J �A --'"'n "" --·"""' .,_ A ,4-, ,.,,_... ·--------,j) I ,u.::JU.UU _________ ________ DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC Vaccine (Modified Live Virus) 25ct Tra Canine Bordetella Feline Rhinotracheitis-Calci Panleukopenia-Chlamydia Live Virus and Chlamydia) 25ct Tra Rabies Vaccine (Killed Virus) 3 year 50ct Tra e 3 of 8 $78.25 $46,950.00 ____________________ ____________________ _______ _____________________ DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC 54 55 56 57 58 59 60 62 63 64 65 66 67 68 69 Allowance: Expedited JorVet Conductive Breathing Ba 3L Chamber Brite Autoclave Cleaner Generic Integrated Serum Separator Tube 13mmx75mm (Generic) Ti er to DipQuick Stain 500ml #3 Counter Stain DipQuick Stain 500ml #2 Stain Solution DipQuick Stain 500ml # 1 Fixative Virbantel (pyrantel pamoate/praziquantel Flavored Chewables Generic 30 m Fecal Float (Sodium Nitrate) 1 al Generic TraZODONE Hydrochloride Tablets USP 100mg sooct bottle TraZODONE Hydrochloride Table ts USP 50mg l00ct bottle Kimwipes EX-L (Delicate Task Wi es JorVet Conductive Breathing Ba .5 L JorVet Conductive Breathing Ba 1 L Antisedan (Atipamezole h drochloride eneric: Revertadin Ca star 25 lb and u 15 15 15 10 2 2 2 30 25 25 200 15 15 10 20 Pa e 4 of 8 each $18.18 $272.70 each $21.29 $319.35 16 ounce $16.28 $244.20 $36.23 $362.30 100 count 500 ml $19.89 $39.78 500 ml $18.74 $37.48 500 ml $17.59 35.18 1 gallon $7.56 $226.80 $16.28 $407.00 500 ct $2.38 $59.50 100 ct Box of 280 $1.98 $396.00 each $18.18 $272.70 each $18.18 $272.70 10ml vial $142.00 $1,420.00 60/box $236.70 $4,734.80 Group 4, Items 61, 72, 73, 75, 76, 81, 88, 91, 94, 95, 101, 104, 106, 107, 110, 111, 112, 118, 120, 121, 130, 131, 133, 138 have been removed due to issues with bidding for this item _______ Initial to acknowledge $4,734.00_____ initial correction ________ DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC ______ Initial GROUP 4 TOTAL $112,923.92 ________________________ DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC ATTACHMENT C: INSURANCE REQUIREMENTS No insurance is required therefore; Section 5. Insurance is void for this agreement. Page 1 of 1 DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS Manufacturer's Warranty DocuSign Envelope ID: 53B3BABE-1472-4463-8351-EB2659DA80BC DATE: June 9, 2020 TO: Peter Zanoni, City Manager FROM: Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1909 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year service agreement with Ranger Fire Inc. in an amount not to exceed $180,750.00 for Fire Sprinkler Inspection, Testing and Maintenance Services at 11 City owned facilities, effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $20,083.33 available through the Facilities Fund. SUMMARY: This motion authorizes a service agreement with Ranger Fire Inc. for fire sprinkler inspection and testing and maintenance services. These services are necessary to keep the fire sprinkler system maintained throughout City owned buildings. BACKGROUND AND FINDINGS: The fire sprinkler system is a Life Safety system that senses smoke, fire, or manual alarm triggers which initiate an audible/visual evacuation notice for the health and safety o f our citizens and employees. This system is a key Life Safety feature located at various city owned facilities that require annual certifiable inspections and repairs as needed to maintain the continuity and integrity of its components. Inspections and repairs must be done by a certified fire systems company which will verify the system’s ability to accurately and spontaneously react to fire and smoke situations. Ultimately, customer and tenant safety are enhanced and desirable by a well maintained and monitored fire protection system. This type of service has been contracted to various vendors by the individual Fire Sprinkler Inspection, Testing and Maintenance Services for Asset Management AGENDA MEMORANDUM Action Item for the City Council Meeting June 9, 2020 departments on an as needed basis. Asset Management will manage and monitor this service proactively as the contract administrator moving forward. For comparison of cost from one of the previous contracts for this service to seven facilities, the savings to the City with this contract for the same seven sites is approximately $8000.00 per quarter. The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for a new contract. The City received two bids. Staff recommends award to the lowest responsive, responsible bidder, Ranger Fire Inc. ALTERNATIVES: The alternative would be to continue to obtain individual quotes for the service of the fire sprinkler system; however, with a service agreement, Asset Management can proactively schedule inspections and testing for the next three years. FISCAL IMPACT: The fiscal impact for Asset Management in FY 2020 is $20,083.00 for fire sprinkler inspection, testing, and maintenance services, with the remaining cost of $160,667.00 funded in future years through the annual budget process. Funding Detail: Fund: 5115 Facilities Fund Organization/Activity: 40300 Facilities Maintenance Mission Element: 191 Operate City Buildings & Facilities Project # (CIP Only): N/A Account: 530210 Building Maintenance & Service RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year service agreement with Ranger Fire Inc. for fire sprinkler inspection and testing as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price 1 Health Department Year 3 1,000.00$ 3,000.00$ $1,280.00 3,840.00$ 2 City Hall Year 3 2,000.00$ 6,000.00$ $3,280.00 9,840.00$ 3 CCPD Delta Year 3 2,000.00$ 6,000.00$ $1,920.00 5,760.00$ 4 Municipal Court Year 3 2,000.00$ 6,000.00$ $3,280.00 9,840.00$ 5 Frost Bank Year 3 1,500.00$ 4,500.00$ N/A N/A 6 La Retama Central Library Year 3 1,000.00$ 3,000.00$ $1,920.00 5,760.00$ 7 Garcia Public Library Year 3 1,000.00$ 3,000.00$ $1,280.00 3,840.00$ 8 Museum of Science and History Year 3 1,000.00$ 3,000.00$ $2,880.00 8,640.00$ 9 Central Kitchen Year 3 500.00$ 1,500.00$ $1,280.00 3,840.00$ 10 ON Stevens Year 3 1,000.00$ 3,000.00$ $1,280.00 3,840.00$ 11 Broadway WWTP Year 3 1,000.00$ 3,000.00$ $1,280.00 3,840.00$ Item REPAIRS UNIT QTY Unit Price Total Price 12 Licensed Technician Normal Hours, M-F, 8:00 am to 5:00PM HRS 750 85.00$ 63,750.00$ $160.00 120,000.00$ 13 Licensed Technician Afterhours, Weekends and Holidays HRS 150 155.00$ 23,250.00$ $240.00 36,000.00$ Item Markup%Markup% 14 Parts/ Material 15%51,750.00$ 20%54,000.00$ Total 180,750.00$ *269,040.00$ Ranger Fire, Inc. Saginaw, TX Estimated Spend 45,000.00$ Koetter Fire Protection Corpus Christi, TX City of Corpus Christi Bid Tabulation Contracts and Procurement Department RFB 2263 - Fire Sprinkler Inspection, Testing and Maintenance Services Sr. Buyer : Cynthia Perez for Asset Management Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form November 11, 2019 SERVICE AGREEMENT NO. 2263 Fire Sprinkler Inspection, Testing and Maintenance Services THIS Fire Sprinkler Inspection, Testing and Maintenance Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and Ranger Fire, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Fire Sprinkler Inspection, Testing and Maintenance Services in response to Request for Bid/Proposal No. 2263 (“RFB/RFP”), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Fire Sprinkler Inspection, Testing and Maintenance Services (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-/year periods (“Option Period(s)”), provided, the parties do so by written amendment 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 $180,750.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form November 11, 2019 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: Adrian Lopez Department: Asset Management Phone: (361) 826-3318 Email: AdrianL@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form November 11, 2019 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 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 4 of 7 Approved as to Legal Form November 11, 2019 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: Adrian Lopez Title: Operations Division Superintendent Address: 5352 Ayers, Bldg. 3A, Corpus Christi, Texas 78415 Phone: (361) 826-3318 Fax:(361) 826-1989 IF TO CONTRACTOR: Ranger Fire, Inc. Attn: Donald Vickery Title: Project Manager Address: 360 South Blue Mound Road, Saginaw, Texas 76131 Phone: (817)847-7757 Fax: N/A Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form November 11, 2019 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 comply with any of the terms 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. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form November 11, 2019 20. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 21. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, 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). 23. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 26. 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. Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form November 11, 2019 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Kim Baker Director of Contracts and Procurement 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. 2263 Exhibit 2: Contractor’s Bid/Proposal Response Daniel Shipman President 4/29/20 Revised 4.4.19 Attachment A - Scope of Work 1.1 General Requirement A. The Contractor shall provide Fire sprinkler inspection, testing and maintenance service on an annual basis at the locations listed in the Scope of work. The Contractor shall properly inspect and test at the required times the property systems to keep the equipment operable. B. The Contractor shall provide services including but not limited to control valves, check valves, backflow preventer, pressure regulating valves, system riser check valves, dry pipe valves, sprinkler head, piping, electrical connections, and sprinkler fire pump C. The Contractor shall perform inspection, testing and maintenance at the locations listed on the list below. The Contractor shall perform services to all the Fire sprinkler system components as per the National Fire Protection Association (NFPA), federal and state laws, rules and regulation. D. The Contractor shall maintain all equipment in accordance with each equipment manufacturers recommendations and industry standards. E. The Contractor shall provide all labor, supervision, equipment, parts, and transportation necessary to perform the services. 1.2 Fire Sprinkler System List Location Type of System Inspection, Testing and Maintenance Checklist Health Department Wet type sprinkler – No pump assist (fed from City water pressure) Standpipe and Sprinkler City Hall Wet type for General Building fire suppression Halon 1301 in Basement IT area Fire Pump and Controller, Standpipe, General Sprinkler, halon inspection and Halon Hydrostatic test CCPD (Delta) Wet Type for General Building fire suppression, Halon 1301 in Radio room, phone room and Metro Com area Fire Pump and Controller, Standpipe, General Sprinkler, halon inspection and Halon Hydrostatic test Municipal Courts Wet Type for General Building fire suppression, Halon 1301 in Radio room, phone room and Metro Com area Fire Pump and Controller, Standpipe, General Sprinkler, halon inspection and Halon Hydrostatic test Frost Bank Wet type for General fire suppression. ANSUL in Kitchen Fire Pump and Controller, General Sprinkler, Standpipe, ANSUL Revised 4.4.19 La Retama Central Library Wet type for General building fire suppression Fire Pump and Controller, Standpipe, General Sprinkler Garcia Public Library Wet type system fed from Kaffie Middle School Inspection shall be performed in conjunction with main building inspections Science and History Museum Wet type system for General building fire suppression Fire Pump, Controller, Standpipe and General Sprinkler Central Kitchen ANSUL protection in Kitchen area ANSUL ON Stevens Wet Type for general fire suppression Fire Pump and Controller, Standpipe (where applicable), General Sprinkler Broadway WWTP Wet Type for General building fire suppression Fire Pump and Controller, Standpipe (where applicable), General sprinkler 1.3 Repair A. The Contractor shall provide labor, technician, parts, supplies, materials, tools, equipment and transportation necessary to perform the repair services for the fire sprinkler system listed in the Scope of work. B. The Contract Administrator will place a service call via phone/email to the Contractor to initiate the repair. The copy of the work order will be provided after the phone/email request. The Contractor shall request the work order copy from the Contract Administrator, if City fails to provide it. C. The Contractor shall provide emergency repair services as needed. Emergency service is defined as an event which requires immediate action to prevent a hazard to life, health, safety, property or to avoid failure of equipment. When an emergency arises, the Contract administrator will notify Contractor about the emergency repair via phone or email. The Contractor shall be on site within time frame agreed upon by the Contract Administrator. A work order will be issued as soon as possible documenting the emergency request. D. The Contractor shall respond to an emergency call within two hours unless otherwise agreed upon. E. Replacement of parts shall only be performed when current parts cannot be repaired, not economical to repair the parts, or approved by the Contract Administrator. F. The Contractor shall use parts specified by the manufacturer or approved equivalent. All parts shall be new and not refurbished. Revised 4.4.19 G. During the term of the contract, if the Contract Administrator deems an estimate to be unreasonable, then the Contract Administrator reserves the right to request quotes from other Contractors for such services. 1.4 Service Personnel A. Any personnel assigned to this contract shall meet all applicable certification requirements of any regulatory agency having jurisdiction. The Contractor shall ensure that all personnel are continuously trained to meet the latest industry standards. B. The Contractor shall ensure that all crews are fully and properly equipped to perform the services promptly and safely without delay. All personnel assigned to the service agreement shall wear a uniform, including safety equipment and any company issued photo identification. The Contractor employees working on site shall wear clothing with an identifiable logo bearing the name of the company visible from 15 feet. All personal shall be neatly dressed in shirt, safety shoes and long pants. Shorts or torn clothing are unacceptable. C. The Contractor shall conduct background checks for all personnel before they are assigned to work under this contract. The Contract Administrator may ask for a background check report from the Contractor. The City reserves the right to approve or refuse employees because of an unsatisfactory background check. Background checks will be done at the sole expense of the Contractor. 1.5 Site Control A. The Contractor shall barricade or place cones around the work area before commencing services. The Contractor shall safeguard the area while services are being performed. The Contractor shall try to minimize an interference to the building occupants with the day to day operations. The Contractor shall be responsible for assuring the safety of its employees, City employees, and the public during performance of all services under this agreement. B. The Contractor will be responsible for any personal and/or property damage incurred during the performance of work under this contract. C. The Contractor shall not store worn or defective parts on City premises at the end of the workday, unless otherwise approved by the Contract Administrator. D. The Contractor must clean the work site from debris or hazards after completion of work. E. The Contractor shall dispose all worn/defective parts, oils, solvent, in accordance with all applicable laws, rules and regulations as to ensure the highest level of safety to the environment and public health. 1.6 Recordkeeping The Contractor shall establish and maintain a log delineating complete and accurate records of all inspection, testing, maintenance, repairs, parts and materials for each location for the term of the contract. The Contractor shall update logs after each service defined in the Contract. Revised 4.4.19 1.7 Contract Pricing A. Inspection, testing and maintenance pricing for all locations mentioned in the Scope of work shall remain fixed during the term of the Contract. B. Repairs during the inspection and maintenance or on call repairs shall be invoiced at actual hours work at hourly labor rates as established in this Contract. C. Parts/Materials installed shall be invoiced at the Contractor’s actual cost to include any discount offered by the supplier and contract allowable markup. Material prices are subject to verification and receipts are required. 1.8 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.9 Work Location Location Address Health Department 1702 Horne Rd, Corpus Christi, TX 78416 City Hall 1201 Leopard St, Corpus Christi, TX 78401 Police Department 321 John Sartain St, Corpus Christi, TX 78401 Municipal Courts 321 John Sartain St, Corpus Christi, TX 78401 Frost Bank 2402 Leopard St, Corpus Christi, TX 78408 La Retama Central Library 805 Comanche St, Corpus Christi, TX 78401 Garcia Public Library 5930 Brockhampton St, Corpus Christi, TX 78414 Museum of Science and History 1900 N Chaparral St, Corpus Christi, TX 78401 Central Kitchen 4141 Old Brownsville Road, Corpus Christi, TX 78405 ON Stevens WWTP 13101 Leopard St, Corpus Christi, TX 78410 Broadway WWTP 1402 W Broadway, Corpus Christi, TX 78401 Attachment B -Bid/Pricing/Schedule Attachment C: Insurance and Bond Requirements A.CONTRACTOR’S LIABILITY INSURANCE 1.Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2.Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 3.In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 B.ADDITIONAL REQUIREMENTS 1.Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. 2.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3.Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 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, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; •Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; •Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and •Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change 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 suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Page 2 of 3 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, 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 agreement. 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 agreement. 9.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/26/2019 Risk Management – Legal Dept. No bond is required for this service agreement; therefore, Section 5, Insurance; Bonds, subsection 5 (B) is null and void. Page 3 of 3 Attachment D: Warranty Requirements A.The Contractor will provide a six-month warranty on all parts and components. Any failed part or component will be replaced with a new similar item within the warranty period without any cost to the City. B.The Contractor agrees to replace all defective items delivered under this contract free of charge. C.The Contractor will pay all transportation charges covering return replacement and installation of these items. Page 1 of 1 DATE: May 19, 2020 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology PeterC@cctexas.com (361) 826-3735 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year license agreement with Great South Texas Corp dba Computer Solutions for the amount of $162,849.00 for the purchase of Cisco Cloud Email Security (CES) subscription license, effective upon issuance of a notice to proceed, with FY 2020 funding in the amount of $162,849.00 available through the Information Technology fund. SUMMARY: This motion authorizes a license agreement with Great South Texas Corp dba Computer Solutions for the purchase of Cisco Cloud Email Security (CES) subscription license for email security to be used by City employees to protect the Office 365 outlook environment. BACKGROUND AND FINDINGS: Using Cisco CES services, provides the City email filtering for malicious files and Uniform Resource Location’s (URL). Along with the filtering, the City can use the service to protect sensitive information by encrypting emails and attachments. The Information Technology Department (IT) is currently running this cloud base software on a free trial concept and has found it to be beneficial to the City. Cloud Email Security AGENDA MEMORANDUM Action Item for the City Council Meeting of June 9, 2020 IT reached out to the Contracts and Procurement Department to issue a long -term contract through the Department of Information Resources (DIR) Cooperative. Contracts awarded through the DIR Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: An alternative would be not to have the license subscription and risk email security to protect Office 365 outlook environment. FISCAL IMPACT: The fiscal impact for IT in FY 2020 is an amount not to exceed $162,849.00 for a three - year license subscription. Funding Detail: Fund: 5210 Info Tech Organization/Activity: 40420 IT Tech Instrastructure Service Mission Element: 241 Prvd Support Technology Infrastructure Project # (CIP Only): n/a Account: 520105 Computer Software RECOMMENDATION: Staff recommends approval of this motion authorizing a three -year license subscription with Great South Texas Corp dba Computer Solutions. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SERVICE AGREEMENT NO. 84473 Cloud E-Mail Security THIS Cloud E-Mail Security Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Great South Texas Corp dba Computer Solutions (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Cloud E-Mail Security in response to Request for Bid/Proposal No. DIR-TSO-4167 (“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 Cloud E-Mail Security (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment 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 $162,849.00, 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. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: EBBF1EF2-9FC2-4B93-9550-47A9CFC82F26 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 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: Alan Carlos Information Technology 361-826-3782 alancarlos@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. DocuSign Envelope ID: EBBF1EF2-9FC2-4B93-9550-47A9CFC82F26 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 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 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. DocuSign Envelope ID: EBBF1EF2-9FC2-4B93-9550-47A9CFC82F26 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 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: Alan Carlos Assistant Director of IT 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3782 Fax: 361-826-4406 IF TO CONTRACTOR: Great South Texas Corp dba Computer Solutions Attn: David Jones Inside Sales Representative 814 Arion Parkway, Suite 101, San Antonio, TX 78216 Phone: 210-369-0300 Fax: 210-369-0389 DocuSign Envelope ID: EBBF1EF2-9FC2-4B93-9550-47A9CFC82F26 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 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 comply with any of the terms 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. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. DocuSign Envelope ID: EBBF1EF2-9FC2-4B93-9550-47A9CFC82F26 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 20. Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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. 22. 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. 23. 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). 24. 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. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. DocuSign Envelope ID: EBBF1EF2-9FC2-4B93-9550-47A9CFC82F26 Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 27. 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: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Kim Baker Director of Contracts and Procurement 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. DIR-TSO-4167 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: EBBF1EF2-9FC2-4B93-9550-47A9CFC82F26 David Jones Inside Sales Associate 4/30/2020 Attachment A: Scope of Work A.The Contractor shall provide Cloud Email Security Premium subscription with advance phishing protection and cloud sensor, and a MacAfee Antivirus solution add-on. B.The subscriptions for 2850 licenses shall consist of: 1.Cisco Cloud Email Security Premium subscription license – hosted – with AMP, base ThreatGrid, with the following included components, CES-AMPATTACH (Advanced Malware Protection Add-on 2850; SVS- CES-SUPT-B) Basic support for Cisco email security 1. 2.Cisco Cloud Email Security Advanced Phishing Protection with Cloud sensor, subscription license for three years, one user – hosted – volume – 2000-2999 licenses – ESD. 3.Cisco Cloud Email Security, McAfee Anti-Virus Add-on, subscription license for three years – one user – hosted – volume – 2000-2999 licenses – ESD. C.The Contractor shall provide the licenses electronically. D.Point of Contact: Alan Carlos, Assistant Director of IT 361-826-3782 alancarlos@cctexas.com Page 1 of 1 DocuSign Envelope ID: EBBF1EF2-9FC2-4B93-9550-47A9CFC82F26 Great South Texas Corp dba Computer Solutions 814 Arion Parkway, Suite 101 San Antonio, Texas 78216 United States http://www.comsoltx.com (P) (210) 369-0300 (F) 210-369-0389 Date Jan 13, 2020 06:31 PM CST Expiration Date 06/16/2020 Modified Date Apr 27, 2020 02:03 PM CDT Quote (Open) Doc # 1021057 - rev 2 of 2 Description v2 Cisco Email Security Premium 3YR (Upfront) SalesRep Jones, David (P) 210-369-0318 (F) 210-369-0389 Customer Contact Carlos, Alan (P) 361-826-3782 alancarlos@cctexas.com Customer City of Corpus Christi (16975) Carlos, Alan 1201 Leopard Street Corpus Christi, TX 78401 United States (P) 361-826-3740 Bill To City of Corpus Christi Accounts, Payables 1201 Leopard Street Corpus Christi, TX 78401 United States (P) 361-826-4091 (F) 361-826-4551 Ship To City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 United States (P) 361-826-3740 Contract Programs: Cisco DIR-TSO-4167 Expires 07/03/2020 Certifications: WBE/SBE/HUB# 1942650013800 Exp: 04/26/2022 Sales Order Type: Drop Ship - Ship to customers location Customer PO:Terms: Net 30 Days Ship Via: FedEx Ground Special Instructions:Carrier Account #: # Image Description Part #List Price Qty Unit Price Total Security Premium 1 Cisco Cloud Email Security Premium Subscription license - hosted - with AMP, base ThreatGrid CES-PREM-AMP- BNDL $88.92 2850 $35.58 $101,403.00 Note: Cisco DIR-TSO-4167 Contract - 60% Discount Quoted as 3 Year Prepaid Subscription 1 Month List of $2.47 x 36 Mo. = $88.92 List Per Year Top-Level Sku: L-CES-SUB | Cloud Email Security Subscription Included Components: CES-AMPATTACH | Advanced Malware Protection Add-On 2850 SVS-CES-SUPT-B | Basic Support for Cisco Email Security 1 Advanced Phishing Protection & Cloud Sensor 2 Cisco Cloud Email Security Advanced Phishing Protection with Cloud Sensor Subscription license (3 years) - 1 user - hosted - volume - 2000- 2999 licenses - ESD L-CES-APPC-3Y- S5 $51.12 2850 $17.64 $50,274.00 Note: Cisco DIR-TSO-4167 Contract - 65.5% Discount 3 Year Subscription Top-Level Sku: L-CES-APPC-LIC= | Cisco CES Advanced Phishing Protection with Cloud Sensor McAfee AV 3 Cisco Cloud Email Security, McAfee Anti-Virus Add-on Subscription license (3 years) - 1 user - hosted - volume - 2000- 2999 licenses - ESD L-CES-MFE-3Y- S5 $11.20 2850 $3.92 $11,172.00 Attachment B: Bid/Pricing Schedule Page 1 of 2 DocuSign Envelope ID: EBBF1EF2-9FC2-4B93-9550-47A9CFC82F26 Note: Cisco DIR-TSO-4167 Contract - 65% Discount 3 Year Subscription Top-Level Sku: L-CES-MFE-LIC= | Cloud Email Security McAfee AV Add-on # Image Description Part #List Price Qty Unit Price Total Cisco DIR-TSO-4167 TX DIR Contract Expiration: 07/03/2020 Vendor ID: 1942650013800 (Great South Texas Corp. dba Computer Solutions) Computer Solutions Co. Certifications: HUB | SBE | WBE - Expires 04/26/2022 Thank you for the opportunity to provide this quote. Due to the recent COVID-19 pandemic, shortages in components may cause an item(s) to have longer than usual estimated shipping dates. If an item goes on backorder and the manufacturer increases the cost of the product, the increased cost will be passed onto to our customers. We will alert customers as soon as we know when a price increase on a backordered item occurs. Due to increased tariff activities, prices are subject to change without notice. Please check with your Computer Solutions' account team to verify pricing before placing your order. Freight charges are estimates only. Returns are subject to approval and may include a restocking fee. Leasing Only: The information provided is a proposal and is subject to credit approval. The proposal provides an approximate monthly payment for hardware, software and services based upon the contract type and term in months. Taxes, fees and insurance are not included. Any change in the amount financed will change this information. This document and the information contained is PROPRIETARY and CONFIDENTIAL and may not be duplicated, redistributed or displayed to any other party without the written permission of Computer Solutions. Subtotal:$162,849.00 Tax (0.000%):$0.00 Shipping:$0.00 Total:$162,849.00 (List Price:$431,034.00) Page 2 of 2 DocuSign Envelope ID: EBBF1EF2-9FC2-4B93-9550-47A9CFC82F26 Attachment C: Insurance Requirements No insurance or bond is required for this service agreement; therefore, Section 5- Insurance;Bonds, subsection 5 (A) and 5 (B) is null and void. Page 1 of 1 DocuSign Envelope ID: EBBF1EF2-9FC2-4B93-9550-47A9CFC82F26 Attachment D: Warranty Requirements Warranty is not required for this service agreement; therefore, Section 8-Warranty, subsection 8 (A) and 8 (B) is null and void. Page 1 of 1 DocuSign Envelope ID: EBBF1EF2-9FC2-4B93-9550-47A9CFC82F26 City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Cloud Email Security DIR Contract: DIR-TSO-4167 San Antonio, TX Item Description Qty Price Extended Price 1 Cisco Cloud Email Security Premium Subscription License 2850 $35.58 $101,403.00 2 Cisco Cloud Email Security Advanced Phishing Protection with Cloud Sensor 2850 $17.64 $50,274.00 3 Cisco Cloud Email Security, McAfee Anti- virus Add-on Subscription License 2850 $3.92 $11,172.00 Total $162,849.00 Great South Texas dba Computer Solutions AGENDA MEMORANDUM Action Item for the City Council Meeting of June 9, 2020 DATE: April 8, 2020 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Richard Martinez, Director of Public Works richardm5@cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion awarding a construction contract to Mako Contracting, LLC, for reconstruction of Lipes Boulevard from Yorktown Boulevard to Sun Wood Drive, located in Council District 5, with new asphalt pavement and minor utility improvements in the amount of $2,023,240.09 with funding available from the Street Bond 2018 Program, and FY 2020 Storm Water, Wastewater, Water and Gas Funds. SUMMARY: This motion approves a construction contract with Mako Contracting, LLC, in the amount of $2,023,240.09 for reconstruction of Lipes Boulevard from Yorktown Boulevard to Sun Wood Drive with new asphalt pavement. BACKGROUND AND FINDINGS: Lipes Boulevard is classified as a minor residential collector street from Yorktown Boulevard to Sun Wood Drive. The roadway was included in the Bond 2018 Program because it exhibits extensive pavement failure throughout the project limits. Construction Contract Award Lipes Boulevard – Yorktown Boulevard to Sun Wood Drive (Bond 2018, Proposition A) (Bond 2018 Proposition 1 & 2) This project scope includes reconstruction of 0.55 miles of Lipes Boulevard from Yorktown Boulevard to Sun Wood Drive with new asphalt pavement, sidewalk, ADA ramps, striping, and pavement markings. Utility improvements include new underground storm water and minor adjustments to water, wastewater and gas. PROJECT TIMELINE: M J J A S O N D J F M A M J J A S O N D Design 2019 ConstructionBid/Award 2020 Project schedule reflects City Council award in June 2020 with anticipated completion in December 2020. COMPETITIVE SOLICITATION PROCESS On April 8, 2020, the City received bids from six bidders. A summary of the bids is provided below. BID SUMMARY – BASE BID CONTRACTOR BASE BID Mako Contracting, LLC $2,023,240.09 JE Construction Services, LLC $2,231,035.60 Diamond X Contracting, Inc. $2,243,286.00 J Carroll Weaver $2,258,260.55 Bay, LTD $2,467,616.00 A. Ortiz Construction & Paving, Inc. $2,504,662.76 Engineer’s Opinion of Probable Cost $2,820,000.00 City Council Action Request (CCAR) memo dated April 22, 2019, Attachment 2 provided pavement selection recommendations for the street projects. Per the CCAR memo recommendation Lipes Boulevard was designed and bid for asphalt pavement only. City determined Mako Contracting, LLC is the lowest responsive and responsible bidder. ALTERNATIVES: The alternative is not to award the construction contract to the low-bidder, Mako Contracting, LLC. This would delay the project and conflict with City Council’s goal to expedite street projects with Bond funds. FISCAL IMPACT: The fiscal impact in FY 2020 is the amount of $2,023,240.09 for the construction phase of the Lipes Boulevard from Yorktown Boulevard to Sun Wood Drive project. Project funds are available through the Street Bond 2018, Proposition A and FY2020 Storm Water, Wastewater, Water and Gas Funds. Funding Detail: The funding for this project is lower than the Engineering estimate ($2.82 million) and is expected to have savings. A majority of the cost savings are attributed to the utilities portion of the project. Estimates presented in the Capital Improvement Program were preliminary cost estimates projecting a complete replacement of utilities. During the evaluation of the project site, the utilities were found in good condition and therefore will be left in place. Fund: Street Bond 2018, Proposition A (Fund 3556) Mission Elem: Street Pavement Maintenance (ME 051) Project: Lipes Boulevard – Yorktown Boulevard to Sun Wood Drive (18029A) Account: Construction (Account #550910) Activity: 18029-A-3556-EXP Amount: $1,798,327.53 Fund: Storm Water (Fund 4532) Mission Elem: Storm Water Drainage (ME 043) Project: Lipes Boulevard – Yorktown Boulevard to Sun Wood Drive (18029A) Account: Construction (Account #550910) Activity: 18029-A-4532-EXP Amount: $144,584.56 Fund: Wastewater (Fund 4257) Mission Elem: Wastewater Collection System (ME 042) Project: Lipes Boulevard – Yorktown Boulevard to Sun Wood Drive (18029A) Account: Construction (Account #550910) Activity: 18029-A-4257-EXP Amount: $55,690.00 Fund: Water (Fund 4099) Mission Elem: Water Distribution System (ME 041) Project: Lipes Boulevard – Yorktown Boulevard to Sun Wood Drive (18029A) Account: Construction (Account #550910) Activity: 18029-A-4099-EXP Amount: $9,450.00 Fund: Gas (Fund 4560) Mission Elem: Gas Distribution System (ME 022) Project: Lipes Boulevard – Yorktown Boulevard to Sun Wood Drive (18029A) Account: Construction (Account #550910) Activity: 18029-A-4560-EXP Amount: $15,188.00 RECOMMENDATION: City staff recommends awarding low bidder, Mako Contracting, LLC, a construction contract in the amount of $2,023,240.09 for the reconstruction of the Lipes Boulevard from Yorktown Boulevard to Sun Wood Drive Project. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tab CCAR Memo 37 37 181 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES LIPES BLVD. (YORKTOWN BLVD. TO SUN WOOD DR.) LOCATION MAP NOT TO SCALE PROJECT NUMBER: 18029A VICINITY MAP NOT TO SCALE LIPES BLVD. (YORKTOWN BLVD. TO SUN WOOD DR. LIPES BLVD. (YORKTOWN BLVD. TO SUN WOOD DR. N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES LIPES BLVD. (YORKTOWN BLVD. TO SUN WOOD DR.) AERIAL MAP NOT TO SCALE Y O R K T O W N B L V D .SUN WOOD DR.LIPES BLVD.CE D A R P A S S D R . LI P E S B L V D . LIPES BLVD. (YORKTOWN BLVD. TO SUN WOOD DR.) PROJECT NUMBER: 18029A BID DATE: Wed., April 8, 2020 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT A1 MOBILIZATION (5% MAX of Part A)LS 1 15,000.00$ 15,000.00$ 17,900.00$ 17,900.00$ 22,000.00$ 22,000.00$ 16,684.04$ 16,684.04$ 9,300.00$ 9,300.00$ 16,383.16$ 16,383.16$ A2 BONDS & INSURANCE LS 1 42,000.00$ 42,000.00$ 25,500.00$ 25,500.00$ 30,000.00$ 30,000.00$ 15,680.00$ 15,680.00$ 27,500.00$ 27,500.00$ 30,000.00$ 30,000.00$ A3 OZONE ADVISORY DAY EA 5 1.00$ 5.00$ 1,275.00$ 6,375.00$ 500.00$ 2,500.00$ 560.00$ 2,800.00$ 340.00$ 1,700.00$ 50.00$ 250.00$ A4 TRAFFIC CONTROL PLAN AND PREPARATION LS 1 18,000.00$ 18,000.00$ 19,250.00$ 19,250.00$ 11,000.00$ 11,000.00$ 73,395.82$ 73,395.82$ 18,200.00$ 18,200.00$ 17,000.00$ 17,000.00$ A5 TRAFFIC CONTROL PLAN MOBILIZATION/ADJUSTMENTS LS 1 14,278.00$ 14,278.00$ 11,000.00$ 11,000.00$ 25,000.00$ 25,000.00$ 35,892.25$ 35,892.25$ 17,500.00$ 17,500.00$ 10,000.00$ 10,000.00$ A6 TEMPORARY TRAFFIC CONTROL DURING CONSTRUCTION LS 1 10,000.00$ 10,000.00$ 15,500.00$ 15,500.00$ 20,000.00$ 20,000.00$ 162,324.73$ 162,324.73$ 105,100.00$ 105,100.00$ 5,000.00$ 5,000.00$ A7 LOW PROFILE CONCRETE BARRIERS EA 76 1,400.00$ 106,400.00$ 1,800.00$ 136,800.00$ 2,000.00$ 152,000.00$ 220.05$ 16,723.80$ 350.00$ 26,600.00$ 1,500.00$ 114,000.00$ A8 TRAFFIC CONTROL PLAN ITEMS (BARRELS, CONES, ETC)MO 6 4,000.00$ 24,000.00$ 3,500.00$ 21,000.00$ 8,000.00$ 48,000.00$ 4,480.00$ 26,880.00$ 2,500.00$ 15,000.00$ 4,500.00$ 27,000.00$ A9 POLICE ASSISTANCE HR 90 50.00$ 4,500.00$ 83.00$ 7,470.00$ 100.00$ 9,000.00$ 173.60$ 15,624.00$ 81.00$ 7,290.00$ 250.00$ 22,500.00$ A10 ELECTRONIC MESSAGE BOARDS EA 2 10,800.00$ 21,600.00$ 12,500.00$ 25,000.00$ 15,000.00$ 30,000.00$ 8,400.00$ 16,800.00$ 12,200.00$ 24,400.00$ 11,000.00$ 22,000.00$ A11 STORMWATER POLUTION PREVENTION PLAN LS 1 7,500.00$ 7,500.00$ 1,900.00$ 1,900.00$ 2,500.00$ 2,500.00$ 2,800.00$ 2,800.00$ 2,000.00$ 2,000.00$ 7,500.00$ 7,500.00$ A12 SODDING SY 2132 10.00$ 21,320.00$ 10.25$ 21,853.00$ 12.00$ 25,584.00$ 5.60$ 11,939.20$ 10.00$ 21,320.00$ 15.00$ 31,980.00$ A13 SILT FENCE LF 351 4.20$ 1,474.20$ 3.85$ 1,351.35$ 5.00$ 1,755.00$ 4.48$ 1,572.48$ 5.00$ 1,755.00$ 8.75$ 3,071.25$ A14 CURB INLET PROTECTION LF 153 5.00$ 765.00$ 13.00$ 1,989.00$ 15.00$ 2,295.00$ 16.80$ 2,570.40$ 20.00$ 3,060.00$ 4.00$ 612.00$ A15 STABILIZED CONSTRUCTION ENTRANCE/EXIT LS 1 3,500.00$ 3,500.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 1,680.00$ 1,680.00$ 15,600.00$ 15,600.00$ 750.00$ 750.00$ A16 CLEAR RIGHT OF WAY AC 4 3,000.00$ 12,000.00$ 27,000.00$ 108,000.00$ 20,000.00$ 80,000.00$ 2,070.30$ 8,281.20$ 58,600.00$ 234,400.00$ 9,000.00$ 36,000.00$ 302,342.20$ 425,888.35$ 466,634.00$ 411,647.92$ 530,725.00$ 344,046.41$ B1 MOBILIZATION (5% MAX of Part B)LS 1 30,000.00$ 30,000.00$ 50,000.00$ 50,000.00$ 58,000.00$ 58,000.00$ 65,411.08$ 65,411.08$ 43,400.00$ 43,400.00$ 72,287.05$ 72,287.05$ B2 1-1/2 HMAC TYPE D (INCLUDES TACK COAT)SY 14130 16.10$ 227,493.00$ 14.00$ 197,820.00$ 12.00$ 169,560.00$ 13.50$ 190,755.00$ 12.00$ 169,560.00$ 18.50$ 261,405.00$ B3 2-1/2 HMAC TYPE B SY 14130 22.89$ 323,435.70$ 20.00$ 282,600.00$ 20.00$ 282,600.00$ 17.09$ 241,481.70$ 18.00$ 254,340.00$ 21.50$ 303,795.00$ B4 PRIME COAT MC-30 @ 0.20 GAL/SY GAL 2958 6.33$ 18,724.14$ 5.25$ 15,529.50$ 6.00$ 17,748.00$ 6.00$ 17,748.00$ 5.00$ 14,790.00$ 7.50$ 22,185.00$ B5 8" CRUSHED LIMESTONE BASE (TYPE A, GRADE 1-2)SY 14792 20.00$ 295,840.00$ 21.00$ 310,632.00$ 22.00$ 325,424.00$ 20.50$ 303,236.00$ 21.00$ 310,632.00$ 22.50$ 332,820.00$ B6 SUBGRADE PREPARATION (1' BACK OF CURB)SY 14792 3.00$ 44,376.00$ 3.00$ 44,376.00$ 3.50$ 51,772.00$ 4.93$ 72,924.56$ 4.00$ 59,168.00$ 8.50$ 125,732.00$ B7 TENSAR TX5 GEOGRID OR EQUAL SY 14792 4.25$ 62,866.00$ 3.60$ 53,251.20$ 3.50$ 51,772.00$ 2.00$ 29,584.00$ 5.00$ 73,960.00$ 7.00$ 103,544.00$ B8 6" CONCRETE DRIVEWAY SF 3374 8.50$ 28,679.00$ 9.25$ 31,209.50$ 16.00$ 53,984.00$ 17.92$ 60,462.08$ 18.00$ 60,732.00$ 17.00$ 57,358.00$ B9 REMOVAL SY 14792 10.00$ 147,920.00$ 13.50$ 199,692.00$ 9.00$ 133,128.00$ 18.38$ 271,876.96$ 12.00$ 177,504.00$ 11.00$ 162,712.00$ B10 REFL. PAVEMENT MARKING TYI (Y) (4") (DOUBLE)LF 2081 2.07$ 4,307.67$ 2.00$ 4,162.00$ 2.00$ 4,162.00$ 1.96$ 4,078.76$ 2.50$ 5,202.50$ 3.00$ 6,243.00$ B11 REFL. PAVEMENT MARKING TYI (W) (8") (SOLID)LF 46 2.07$ 95.22$ 2.00$ 92.00$ 2.00$ 92.00$ 1.96$ 90.16$ 2.50$ 115.00$ 3.00$ 138.00$ B12 TYC (W) ARROW EA 1 295.00$ 295.00$ 320.00$ 320.00$ 250.00$ 250.00$ 280.00$ 280.00$ 340.00$ 340.00$ 500.00$ 500.00$ PART A - GENERAL SUBTOTAL PART A - GENERAL TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. LIPES BLVD. - YORKTOWN TO SUNWOOD MAKO CONTRACTING JE CONSTRUCTION SERV LLC *DIAMOND X CONT INC J CARROLL WEAVER BAY LTD A ORTIZ CONSTRUCTION PROJECT NO. 18029A - RFB #2936 3636 S ALAMEDA STE B-153 7505 UPRIVER RD 102 AIRPORT RD CORPUS CHRISTI, TX CORPUS CHRISTI, TX CORPUS CHRISTI, TX P.O. BOX 1701 JOHNSON CITY, TX P.O. BOX 1361 SINTON, TX 401 CORN PRODUCTS CORPUS CHRISTI, TX PART B - STREET IMPROVEMENTS Page 1 of 4 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT LIPES BLVD. - YORKTOWN TO SUNWOOD MAKO CONTRACTING JE CONSTRUCTION SERV LLC *DIAMOND X CONT INC J CARROLL WEAVER BAY LTD A ORTIZ CONSTRUCTION PROJECT NO. 18029A - RFB #2936 3636 S ALAMEDA STE B-153 7505 UPRIVER RD 102 AIRPORT RD CORPUS CHRISTI, TX CORPUS CHRISTI, TX CORPUS CHRISTI, TX P.O. BOX 1701 JOHNSON CITY, TX P.O. BOX 1361 SINTON, TX 401 CORN PRODUCTS CORPUS CHRISTI, TX B13 TYC (W) DBL ARROW EA 1 383.50$ 383.50$ 415.00$ 415.00$ 325.00$ 325.00$ 364.00$ 364.00$ 440.00$ 440.00$ 750.00$ 750.00$ B14 REFL. PAV MRKR TY II-A-A EA 65 9.44$ 613.60$ 10.25$ 666.25$ 8.00$ 520.00$ 8.96$ 582.40$ 11.00$ 715.00$ 10.00$ 650.00$ B15 REFL. PAV MRKR TY II-B-B EA 7 11.80$ 82.60$ 12.50$ 87.50$ 10.00$ 70.00$ 11.20$ 78.40$ 13.50$ 94.50$ 13.00$ 91.00$ B16 SPEED TABLE EA 1 354.00$ 354.00$ 7,000.00$ 7,000.00$ 300.00$ 300.00$ 13,548.28$ 13,548.28$ 16,900.00$ 16,900.00$ 3,750.00$ 3,750.00$ B17 SPEED TABLE EA 2 354.00$ 708.00$ 2,000.00$ 4,000.00$ 5,500.00$ 11,000.00$ 4,020.95$ 8,041.90$ 8,800.00$ 17,600.00$ 3,250.00$ 6,500.00$ B18 COMBO STOP SIGN (R1-1)/STREET NAME- SIGN (INCL POLE AND ASSEMBLY)EA 9 973.50$ 8,761.50$ 1,000.00$ 9,000.00$ 1,100.00$ 9,900.00$ 924.00$ 8,316.00$ 1,100.00$ 9,900.00$ 1,000.00$ 9,000.00$ B19 COMBO SPEED LIMIT SIGN (R2-1)/ONE WAY (R6-2)/SCHOOL (S4-3P)/TIME (S4-1P)/ CELL PHONE (S7-1T)/(INCL POLE AND ASSEMBLY)EA 6 944.00$ 5,664.00$ 1,000.00$ 6,000.00$ 1,300.00$ 7,800.00$ 896.00$ 5,376.00$ 1,100.00$ 6,600.00$ 1,000.00$ 6,000.00$ B20 NO PARKING (R7-1) (INCL POLE AND ASSEMBLY)EA 2 560.50$ 1,121.00$ 600.00$ 1,200.00$ 625.00$ 1,250.00$ 532.00$ 1,064.00$ 640.00$ 1,280.00$ 700.00$ 1,400.00$ B21 COMBO ONE WAY (R6-2)/TIME (S4-1P) (INCL POLE AND ASSEMBLY)EA 2 590.00$ 1,180.00$ 600.00$ 1,200.00$ 675.00$ 1,350.00$ 560.00$ 1,120.00$ 670.00$ 1,340.00$ 650.00$ 1,300.00$ B22 COMBO SPEED HUMP (W17-1)/SPEED LIMIT (W13-1P) (INCL POLE AND ASSEMBLY)EA 2 619.50$ 1,239.00$ 675.00$ 1,350.00$ 700.00$ 1,400.00$ 588.00$ 1,176.00$ 710.00$ 1,420.00$ 750.00$ 1,500.00$ B23 COMBO STOP SIGN (R1-1)/STREET NAME- SIGN /DEAD END (W14-1a) (INCL POLE AND ASSEMBLY)(INCL POLE AND ASSEMBLY)EA 6 1,020.70$ 6,124.20$ 1,000.00$ 6,000.00$ 1,300.00$ 7,800.00$ 968.80$ 5,812.80$ 1,200.00$ 7,200.00$ 975.00$ 5,850.00$ B24 COMBO SPEED HUMP (W17-1)/SPEED LIMIT (W13-1P) (INCL POLE AND ASSEMBLY)EA 6 619.50$ 3,717.00$ 600.00$ 3,600.00$ 680.00$ 4,080.00$ 588.00$ 3,528.00$ 710.00$ 4,260.00$ 750.00$ 4,500.00$ B25 COMBO END SCHOOL ZONE (S5-2)/SPEED LIMIT (R2-1) (INCL POLE AND ASSEMBLY)EA 1 619.50$ 619.50$ 600.00$ 600.00$ 700.00$ 700.00$ 588.00$ 588.00$ 710.00$ 710.00$ 750.00$ 750.00$ B26 COMBO SCHOOL (S4-3P)/SPEED LIMIT (R2- 1)/TIME (S4-1P)/CELL PHONE (S7-1T) (INCL POLE AND ASSEMBLY)EA 3 690.30$ 2,070.90$ 700.00$ 2,100.00$ 760.00$ 2,280.00$ 655.20$ 1,965.60$ 790.00$ 2,370.00$ 750.00$ 2,250.00$ B27 COMBO CURVE (W1-2R)/SPEED LIMIT (W13- 1P) (INCL POLE AND ASSEMBLY)EA 1 619.50$ 619.50$ 600.00$ 600.00$ 700.00$ 700.00$ 588.00$ 588.00$ 710.00$ 710.00$ 750.00$ 750.00$ B28 PEDESTRIAN CROSSING (S1-1) (INCL POLE AND ASSEMBLY) EA 2 601.80$ 1,203.60$ 600.00$ 1,200.00$ 675.00$ 1,350.00$ 571.20$ 1,142.40$ 690.00$ 1,380.00$ 750.00$ 1,500.00$ B29 DO NOT BLOCK INTERSECTION (R10-7) (INCL POLE AND ASSEMBLY)EA 1 601.80$ 601.80$ 600.00$ 600.00$ 660.00$ 660.00$ 571.20$ 571.20$ 690.00$ 690.00$ 750.00$ 750.00$ B30 NEIGHBORHOOD WATCH SIGN (INCL POLE AND ASSEMBLY)EA 3 601.80$ 1,805.40$ 600.00$ 1,800.00$ 680.00$ 2,040.00$ 571.20$ 1,713.60$ 690.00$ 2,070.00$ 750.00$ 2,250.00$ B31 CONCRETE MAILBOX PAD SF 85 14.00$ 1,190.00$ 29.00$ 2,465.00$ 20.00$ 1,700.00$ 39.20$ 3,332.00$ 43.00$ 3,655.00$ 12.00$ 1,020.00$ B32 REMOVE AND INSTALL NEW WOOD FENCE LF 220 35.00$ 7,700.00$ 23.00$ 5,060.00$ 50.00$ 11,000.00$ 50.40$ 11,088.00$ 68.00$ 14,960.00$ 20.00$ 4,400.00$ B33 ALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS LS 1 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 1,249,790.83$ 1,264,627.95$ 1,234,717.00$ 1,347,924.88$ 1,284,038.00$ 1,523,680.05$ C1 MOBILIZATION (5% MAX of Part C)LS 1 10,000.00$ 10,000.00$ 9,500.00$ 9,500.00$ 12,575.00$ 12,575.00$ 13,362.68$ 13,362.68$ 9,300.00$ 9,300.00$ 15,993.90$ 15,993.90$ SUBTOTAL PART B - STREET IMPROVEMENTS PART C - ADA IMPROVEMENTS Page 2 of 4 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT LIPES BLVD. - YORKTOWN TO SUNWOOD MAKO CONTRACTING JE CONSTRUCTION SERV LLC *DIAMOND X CONT INC J CARROLL WEAVER BAY LTD A ORTIZ CONSTRUCTION PROJECT NO. 18029A - RFB #2936 3636 S ALAMEDA STE B-153 7505 UPRIVER RD 102 AIRPORT RD CORPUS CHRISTI, TX CORPUS CHRISTI, TX CORPUS CHRISTI, TX P.O. BOX 1701 JOHNSON CITY, TX P.O. BOX 1361 SINTON, TX 401 CORN PRODUCTS CORPUS CHRISTI, TX C2 REFL. PAVEMENT MARKING TYI (W) (24") (SOLID)LF 90 17.70$ 1,593.00$ 19.25$ 1,732.50$ 25.00$ 2,250.00$ 16.80$ 1,512.00$ 20.00$ 1,800.00$ 25.00$ 2,250.00$ C3 5' CONCRETE SIDWALK SF 15130 7.75$ 117,257.50$ 8.35$ 126,335.50$ 11.50$ 173,995.00$ 8.68$ 131,328.40$ 13.50$ 204,255.00$ 12.00$ 181,560.00$ C4 CONCRETE CURB RAMP SF 4681 24.00$ 112,344.00$ 28.50$ 133,408.50$ 15.00$ 70,215.00$ 34.72$ 162,524.32$ 28.00$ 131,068.00$ 28.00$ 131,068.00$ C5 ALLOWANCE FOR UNANTICIPATED ADA IMPROVEMENTS LS 1 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 246,194.50$ 275,976.50$ 264,035.00$ 313,727.40$ 351,423.00$ 335,871.90$ D1 MOBILIZATION (5% MAX of Part D)LS 1 5,000.00 5,000.00$ 6,500.00$ 6,500.00$ 10,700.00$ 10,700.00$ 7,801.35$ 7,801.35$ 9,300.00$ 9,300.00$ 8,898.90$ 8,898.90$ D2 18" RCP CULVERT (CL III)LF 257 89.68 23,047.76$ 150.00$ 38,550.00$ 160.00$ 41,120.00$ 81.57$ 20,963.49$ 190.00$ 48,830.00$ 150.00$ 38,550.00$ D3 18" REINFORCED CONC ARCH PIPE LF 72 241.90 17,416.80$ 267.00$ 19,224.00$ 175.00$ 12,600.00$ 82.00$ 5,904.00$ 350.00$ 25,200.00$ 275.00$ 19,800.00$ D4 TRENCH SAFETY FOR STORM WATER LINES LF 60 50.00 3,000.00$ 18.00$ 1,080.00$ 15.00$ 900.00$ 8.96$ 537.60$ 125.00$ 7,500.00$ 50.00$ 3,000.00$ D5 TRENCH SAFETY PLAN FOR STORM WATER MANHOLES, JUNCTION BOXES & INLETS EA 3 118.00 354.00$ 500.00$ 1,500.00$ 650.00$ 1,950.00$ 560.00$ 1,680.00$ 2,500.00$ 7,500.00$ 3,500.00$ 10,500.00$ D6 5' CURB INLET EA 2 6,886.00 13,772.00$ 7,500.00$ 15,000.00$ 6,500.00$ 13,000.00$ 4,135.70$ 8,271.40$ 6,500.00$ 13,000.00$ 3,000.00$ 6,000.00$ D7 TY D MANHOLE (6' DIA)EA 1 12,328.00 12,328.00$ 19,000.00$ 19,000.00$ 15,000.00$ 15,000.00$ 4,135.71$ 4,135.71$ 10,300.00$ 10,300.00$ 12,000.00$ 12,000.00$ D8 CURB INLET EXTENSION EA 1 3,540.00 3,540.00$ 3,000.00$ 3,000.00$ 3,000.00$ 3,000.00$ 1,680.00$ 1,680.00$ 5,100.00$ 5,100.00$ 2,500.00$ 2,500.00$ D9 EXISTING MANHOLE RIM ADJUSTMENT EA 7 1,770.00 12,390.00$ 1,800.00$ 12,600.00$ 2,500.00$ 17,500.00$ 2,072.00$ 14,504.00$ 2,300.00$ 16,100.00$ 2,000.00$ 14,000.00$ D10 6" CONCRETE CURB ANG GUTTER LF 1988 22.00 43,736.00$ 27.60$ 54,868.80$ 50.00$ 99,400.00$ 39.20$ 77,929.60$ 25.00$ 49,700.00$ 31.00$ 61,628.00$ D11 ALLOWANCE FOR UNANTICIPATED STORM WATER IMP LS 1 10,000.00 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 144,584.56$ 181,322.80$ 225,170.00$ 153,407.15$ 202,530.00$ 186,876.90$ E1 MOBILZATION (5% MAX of Part E)LS 1 450.00 450.00$ 250.00$ 250.00$ 400.00$ 400.00$ 166.08$ 166.08$ 1,200.00$ 1,200.00$ 425.00$ 425.00$ E2 ADJUST EXISTING WATER VALVE BOX TO FINISHED EA 10 800.00 8,000.00$ 620.00$ 6,200.00$ 750.00$ 7,500.00$ 392.00$ 3,920.00$ 2,290.00$ 22,900.00$ 750.00$ 7,500.00$ E3 ALLOWANCE FOR UNANTICIPATED WATER IMP LS 1 1,000.00 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 9,450.00$ 7,450.00$ 8,900.00$ 5,086.08$ 25,100.00$ 8,925.00$ F1 MOBILIZATION (5% MAX Part of F)LS 1 2,500.00 2,500.00$ 2,100.00$ 2,100.00$ 1,130.00$ 1,130.00$ 875.00$ 875.00$ 1,600.00$ 1,600.00$ 3,687.50$ 3,687.50$ F2 ADJUST EXIST WASTEWATER MANHOLE RIM TO FINAL GRADE EA 2 1,770.00 3,540.00$ 3,000.00$ 6,000.00$ 2,000.00$ 4,000.00$ 2,100.00$ 4,200.00$ 2,700.00$ 5,400.00$ 2,000.00$ 4,000.00$ F3 REHABILITATE EXISTING 4'DIA MANHOLE WITH F/G LINER AND NEW 24" RING AND COVER EA 5 8,904.00 44,520.00$ 9,400.00$ 47,000.00$ 2,500.00$ 12,500.00$ 1,680.00$ 8,400.00$ 4,100.00$ 20,500.00$ 12,000.00$ 60,000.00$ F4 EXTRA DEPTH FOR MANHOLE REHABILITATION (>6')VF 7 590.00 4,130.00$ 530.00$ 3,710.00$ 750.00$ 5,250.00$ 560.00$ 3,920.00$ 1,400.00$ 9,800.00$ 1,250.00$ 8,750.00$ F5 ALLOWANCE FOR UNANTICIPATED WASTEWATER IMP LS 1 1,000.00 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 55,690.00$ 59,810.00$ 23,880.00$ 18,395.00$ 38,300.00$ 77,437.50$ G1 MOBILIZATION (5% MAX Part of G)LS 1 500.00$ 500.00$ 500.00$ 500.00$ 950.00$ 950.00$ 332.12$ 332.12$ 1,600.00$ 1,600.00$ 1,325.00$ 1,325.00$ G2 ADJUST TOP OF EXISTING VALVE BOX EA 4 1,121.00$ 4,484.00$ 690.00$ 2,760.00$ 750.00$ 3,000.00$ 560.00$ 2,240.00$ 2,600.00$ 10,400.00$ 750.00$ 3,000.00$ PART G - GAS IMPROVEMENTS SUBTOTAL PART C - ADA IMPROVEMENTS PART D - DRAINAGE IMPROVEMENTS BTOTAL PART D - DRAINAGE IMPROVEMENTS PART E - WATER IMPROVEMENTS SUBTOTAL PART E - WATER IMPROVEMENTS PART F - WASTEWATER IMPROVEMENTS TOTAL PART F - WASTEWTR IMPROVEMENTS Page 3 of 4 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT LIPES BLVD. - YORKTOWN TO SUNWOOD MAKO CONTRACTING JE CONSTRUCTION SERV LLC *DIAMOND X CONT INC J CARROLL WEAVER BAY LTD A ORTIZ CONSTRUCTION PROJECT NO. 18029A - RFB #2936 3636 S ALAMEDA STE B-153 7505 UPRIVER RD 102 AIRPORT RD CORPUS CHRISTI, TX CORPUS CHRISTI, TX CORPUS CHRISTI, TX P.O. BOX 1701 JOHNSON CITY, TX P.O. BOX 1361 SINTON, TX 401 CORN PRODUCTS CORPUS CHRISTI, TX G3 EXCAVATION BACKFILL AND COMPACTION OF 4" GAS LINE LF 150 61.36$ 9,204.00$ 78.00$ 11,700.00$ 100.00$ 15,000.00$ 30.00$ 4,500.00$ 150.00$ 22,500.00$ 150.00$ 22,500.00$ G4 ALLOWANCE FOR UNANTICIPATED GAS IMP LS 1 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 15,188.00$ 15,960.00$ 19,950.00$ 8,072.12$ 35,500.00$ 27,825.00$ 2,023,240.09$ 2,231,035.60$ 2,243,286.00$ 2,258,260.55$ 2,467,616.00$ 2,504,662.76$ *Bidder submitted electronic on-line bid and a hard copy bid form, as per procurement guidelines hard copy bid submittals will prevail. SUBTOTAL PART G - GAS IMPROVEMENTS Shaded areas indicate extension/mathematical errors by the bidder - amounts have been corrected TOTAL BASE BID - (PARTS A THRU G) Page 4 of 4 AGENDA MEMORANDUM Action Item for the City Council Meeting of June 9, 2020 DATE: May 5, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works richardm5@cctexas.com (361) 826-3419 Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Resolution authorizing four construction contracts totaling $13,718,317.62 for the Residential Street Rebuild Program as follows: for street reconstruction with Rovan Texas LLC in an amount of $4,540,292.03, for street rehabilitation with JE Construction Service in an amount of $3,081,597.49, Haas-Anderson Construction Ltd. in an amount of $3,131,483.15, and Haas-Anderson Construction Ltd. in an amount of $2,964,944.95, located City-wide, with funding available from the Street Bond 2018 Program and FY2020 Storm Water, Wastewater, Water and Gas Funds. SUMMARY: This resolution approves the following construction contracts: Rovan Texas LLC for Base Bid B (Reconstruction) in an amount of $4,540,292.03, JE Construction Service for Base Bid C (Rehabilitation) in an amount of $3,081,597.49, Haas-Anderson Construction Ltd for Base Bid D (Rehabilitation) in an amount of $3,131,483.15, and Haas-Anderson Construction Ltd for Base Bid E (Rehabilitation) in an amount of $2,964,944.95 for the Residential Street Rebuild Program Project (RSRP). Construction Contract Award Residential Street Rebuild Program (Bond 2018, Proposition A) (Bond 2018 Proposition 1 & 2) BACKGROUND AND FINDINGS: The RSRP will repair residential streets that were previously approved with the FY 2020 Capital Improvement Program. The work includes extending the life and structural integrity of existing pavement through rehabilitation or reconstruction . All work will be completed to current City standards with limited sidewalk repairs, ADA ramps, striping, and pavement markings. Construction contracts for the RSRP are developed as Indefinite Delivery Indefinite Quantity (IDIQ) contracts with defined construction durations. Multiple “Delivery Orders” (DOs) will be issued to the contractors with specific scope and quantities for each street to implement the approved RSRP Work Plan throughout the City. The RSRP will utilize more than one construction contractor to complete the reconstruction of residential streets (Base Bid A, Base Bid B, Base Bid C) and the rehabilitation of residential streets (Base Bid C, Base Bid D, and Base Bid E) City wide. The list of streets for each base bid is attached. PROJECT TIMELINE: O N D J F M A M 2021 Jan - Dec Construction 20202019 Design Bid June-Dec Project schedule reflects City Council award in June 2020 with anticipated completion in December 2021. COMPETITIVE SOLICITATION PROCESS On April 22, 2020, the City received bids from six bidders. A summary of the bids is provided below. BID SUMMARY – BASE BID A (Reconstruction) – No Bids Received CONTRACTOR BASE BID Engineer’s Opinion of Probable Cost $6,323,535.90 BID SUMMARY – BASE BID B (Reconstruction) CONTRACTOR BASE BID Rovan Texas LLC $4,540,292.03 JE Construction Services, LLC $9,017,871.50 Engineer’s Opinion of Probable Cost $5,710,165.53 BID SUMMARY – BASE BID C (Reconstruction) – No Bids Received CONTRACTOR BASE BID Engineer’s Opinion of Probable Cost $5,268,011.23 BID SUMMARY – BASE BID C (Rehabilitation) – No Bids Received CONTRACTOR BASE BID Engineer’s Opinion of Probable Cost $2,916,718.52 BID SUMMARY – BASE BID D (Rehabilitation) CONTRACTOR BASE BID Haas-Anderson Construction Ltd $3,131,483.15 A. Ortiz Construction & Paving Inc $3,529,171.28 Engineer’s Opinion of Probable Cost $3,069,862.30 BID SUMMARY – BASE BID E (Rehabilitation) CONTRACTOR BASE BID Haas-Anderson Construction Ltd $2,964,944.95 JE Construction Services, LLC $2,965,447.25 A. Ortiz Construction & Paving Inc $3,199,288.31 Engineer’s Opinion of Probable Cost $2,917,254.39 The City analyzed the submitted bids in accordance with contract documents and determined Rovan Texas LLC, Haas Anderson Construction Ltd were the lowest responsive and responsible bidders for Base Bids B, D and E. Bids were not received for Base Bid A (reconstruction) and Base Bid C (reconstruction and rehabilitation). Due to JE Construction Services LLC’s competitive bid on Base Bid E (rehabilitation) and the necessity of preserving the public health and safety of the City’s residents, staff recommends awarding Base Bid C Rehabilitation to JE Construction Services LLC. Base Bids A and C (reconstruction) will be advertised for bids in July. ALTERNATIVES: The alternative is not to award construction contracts to Rovan Texas LLC, Haas Anderson Construction Ltd, and JE Construction Services. This would delay the project and conflict with City Council’s goal to expedite street projects with Bond Funds. FISCAL IMPACT: The item proposes to award a construction contract to the following contractors: Rovan Texas LLC for Base Bid B in the amount of $4,540,292.03, JE Construction Service for Base Bid C (Rehabilitation Only) in the amount of $3,081,597.49, Haas-Anderson Construction Ltd for Base Bid D in the amount of $3,131,483.15, and Haas -Anderson Construction Ltd for Base Bid E in the amount of $2,964,944.95 for the Residential Street Rebuild Program. Project funds are available through the Street Bond 2018, Proposition A and FY2020 Storm Water, Wastewater, Water and Gas Funds. Funding Detail: The Capital Improvement Program addressing Street Bond 2018 ($10.55 million) does not provide a single line item for the RSRP. The RSRP is broken down into smaller projects that are listed in the CIP and the attachment for this item provides the breakdown of the projects in each base bid. This item covers $8.5 million of the $10.55 million allocated to the RSRP. The remaining $2 million in the Street Bond 2018 projects will be re-advertised in July since no bids were received for the bid package. Fund: Street Bond 2018, Proposition A (Fund 3556) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Residential Street Rebuild Program (Project# 18164A) Account: Construction (Account #550910) Activity: 18164-A-3556-EXP Amount: $8,523,330.00 Fund: ResStreetRecnst (Fund 1042) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Residential Street Rebuild Program (Project# 18164A) Account: Construction (Account #550910) Activity: 18164-A-1042-EXP Amount: $2,778,271.99 Fund: Storm Water (Fund 4532) Mission Elem: Storm Water Drainage (ME 043) Project No.: Residential Street Rebuild Program (Project# 18164A) Account: Construction (Account #550910) Activity: 18164-A-4532-EXP Amount: $2,236,938.23 Fund: Water (Fund 4099) Mission Elem: Water Distribution System (ME 041) Project No.: Residential Street Rebuild Program (Project# 18164A) Account: Construction (Account #550910) Activity: 18164-A-4099-EXP Amount: $168,157.40 Fund: Wastewater (Fund 4257) Mission Elem: Wastewater Collection System (ME 042) Project No.: Residential Street Rebuild Program (Project# 18164A) Account: Construction (Account #550910) Activity: 18164-A-4257-EXP Amount: $8,400.00 Fund: Gas (Fund 4560) Mission Elem: Gas System (ME 041) Project No.: Residential Street Rebuild Program (Project# 18164A) Account: Construction (Account #550910) Activity: 18164-A-4560-EXP Amount: $3,220.00 RECOMMENDATION: City staff recommends awarding to the following contractors: Rovan Texas LLC for Base Bid B in the amount of $4,540,292.03, JE Construction Service for Base Bid C (Rehabilitation Only) in the amount of $3,081,597.49, Haas-Anderson Construction Ltd for Base Bid D in the amount of $3,131,483.15, and Haas -Anderson Construction Ltd for Base Bid E in the amount of $2,964,944.95, for RSRP Program. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Bid Tabs Resolution-RSRP 252 Exception RSRP List of Street Projects BASE BID Project # Project Name 18164A - BASE BID B - DO #3 20120A Florida Ave (Kosar to Normandy) 18164A - BASE BID B - DO #2 20121A Jean St (Padre Island Dr to Dead End ) 18164A - BASE BID B - DO #2 20122A Brett St (Weber Rd to Jean) 18164A - BASE BID B - DO #4 20123A Delgado St (Castenon to Salazar) 18164A - BASE BID B - DO #2 20133A Thames Dr (William Dr to Spencer) 18164A - BASE BID B - DO #1 20134A Scotch Moss Dr (Wooldridge Rd to Cinnamon Oak) 18164A - BASE BID B - DO #1 20135A Inverness Dr (Iroquois Dr to Timbergate) 18164A - BASE BID B - DO #4 20147A Cuiper St (Naples to Ayers) 18164A - BASE BID C1 - DO #3 20138A 17th St (Crosstown Expressway to Marguerite) 18164A - BASE BID C1 - DO #3 20148A Chamberlain St (Reid Dr to Lawnview) 18164A - BASE BID C1 - DO #3 20149A MacArthur St (Nimitz to Presa) 18164A - BASE BID C1 - DO #3 20153A El Monte St (Pamona to Victor L Ortego) 18164A - BASE BID C1 - DO #1 20154A Harvard St (Prescott to Vitemb) 18164A - BASE BID C1 - DO #2 20155A Killarmet Circle (Killarmet to Dead End) 18164A - BASE BID C1 - DO #2 20156A Killarmet Circle West (Killarmet to Dead End) 18164A - BASE BID C1 - DO #3 20157A Bowie St (Sokol to Santa Ana) 18164A - BASE BID C1 - DO #2 20158A Deepdale Dr (Coral Ridge to Pebble Beach) 18164A - BASE BID C1 - DO #2 20167A Denver Ave (Doddridge to Jackson) 18164A - BASE BID D - DO #1 20152A Boca Raton Dr (Congressional to Pebble Beach) 18164A - BASE BID D - DO #2 20170A Manitoulin Island Dr (Oso Pkwy to Calgary) 18164A - BASE BID D - DO #3 20171A Durant Dr (Scabbard Dr to Dewberry Dr) 18164A - BASE BID D - DO #2 20172A Annemasse St (Queen Bess Dr. to York Crossing) 18164A - BASE BID D - DO #2 20173A Bobtail Dr (Wild Fire Dr to Bridgett Dr) 18164A - BASE BID D - DO #3 20174A Cotton Club Dr (Savoy St to Meadowbreeze) 18164A - BASE BID D - DO #3 20175A Hampton Dr (Dead End to BrockHampton) 18164A - BASE BID D - DO #1 20176A Stony Brook Dr (Boston to Spring Brook) 18164A - BASE BID D - DO #1 20178A Venice Dr (Yorktown to Megal) 18164A - BASE BID E - DO #2 20136A Creek View Dr (Shallow Crk Dr to Wood Crk Dr.) 18164A - BASE BID E - DO #2 20139A Beckworth Trail (Oregon Trail to Ded End) 18164A - BASE BID E - DO #2 20141A San Saba Dr (Concho to Comal) 18164A - BASE BID E - DO #3 20142A Shawnee St (Baldwin St to Lou St) 18164A - BASE BID E - DO #2 20145A Thoreau Circle (Beal to Dead End) 18164A - BASE BID E - DO #3 20151A Barrera Dr (Bloomington to Villareal ) 18164A - BASE BID E - DO #3 20159A Green Acre Dr (Green Tree to Dead End) NOTE - Projects are previously approved with CIP. Project cost estimates are subject to based on the bids received. STREETS SHORT-RANGE CIP BASE BID B BASE BID D BASE BID E BASE BID C (Rehabilitation) Page 1 of 2 Resolution authorizing four construction contracts totaling $13,718,317.62 for the Residential Street Rebuild Program as follows: for street reconstruction with Rovan Texas LLC in an amount of $4,540,292.03, for street rehabilitation with JE Construction Service in an amount of $3,081,597.49, Haas-Anderson Construction Ltd. in an amount of $3,131,483.15, and Haas-Anderson Construction Ltd. in an amount of $2,964,944.95, located City-wide, with funding available from the Street Bond 2018 Program and FY2020 Storm Water, Wastewater, Water and Gas Funds. WHEREAS, bids were opened on April 22, 2020, for the Residential Street Rebuild Program (RSRP) (“Project”); WHEREAS , State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to preserve or protect the public health or safety of the City’s residents; and WHEREAS, JE Construction Services will provide rehabilitation only for Base Bid C at the unit prices submitted by JE Construction on Base Bid E. NOW, THEREFORE, 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 a construction contract for the Bond 2018 Residential Street Rebuild Program (RSRP) Project with Rovan Texas LLC for Base Bid B in the amount of $4,450,292.03, JE Construction Service for Base Bid C (Rehabilitation Only) in the amount of $3,081,597.49, Haas - Anderson Construction Ltd for Base Bid D in the amount of $3,131,483.15, and Haas- Anderson Construction Ltd for Base Bid E in the amount of $2,964,944.95 . Page 2 of 2 PASSED AND APPROVED on this the ______ day of _________________, 2020. Joe McComb ________________ Roland Barrera ________________ Rudy Garza ________________ Paulette M. Guajardo ________________ Gil Hernandez ________________ Michael Hunter ________________ Ben Molina ________________ Everett Roy ________________ Greg Smith ________________ ATTEST: _________________________ _______________________ Rebecca Huerta Joe McComb City Secretary Mayor RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO. 18164A RFB NO2998 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT BASE BID B Part A - GENERAL B - A1 MOBILIZATION (MAX. 5% PART A)LS 1 8,000.00$ 8,000.00$ 13,000.00$ 13,000.00$ B - A2 BONDS AND INSURANCE LS 1 98,625.69$ 98,625.69$ 76,000.00$ 76,000.00$ B - A3 STORMWATER POLLUTION PREVENTION PLAN (SWPPP) (PER STREET SEGMENT EXCLUDING SILT FENCE AND INLET PROTECTION)EA 8 650.00$ 5,200.00$ 1,700.00$ 13,600.00$ B - A4 SILT FENCE (FOR SWPPP)LF 1,827 5.49$ 10,030.23$ 6.00$ 10,962.00$ B - A5 INLET PROTECTION (FOR SWPPP)EA 37 155.00$ 5,735.00$ 170.00$ 6,290.00$ B - A6 OZONE ACTION DAYS DAY 9 1,500.00$ 13,500.00$ 170.00$ 1,530.00$ B - A7 TRAFFIC CONTROL (PLAN PREPARATION)EA 8 2,054.26$ 16,434.08$ 2,600.00$ 20,800.00$ B - A8 TRAFFIC CONTROL (MOBILIZATION, IMPLEMENTATION, AND ADJUSTMENTS)MO 27 1,009.52$ 27,257.04$ 2,600.00$ 70,200.00$ B - A9 DOOR HANGERS, PRINTED AND DELIVERED (2 PER RESIDENCE)EA 428 10.00$ 4,280.00$ 4.00$ 1,712.00$ B - A10 ALLOWANCES FOR UNANTICIPATED GENERAL ACTIVITIES LS 1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ SUBTOTAL PART A 199,062.04$ 224,094.00$ Part B - STREET IMPROVEMENTS B - B1 MOBILIZATION (MAX. 5% PART B)LS 1 8,000.00$ 8,000.00$ 200,000.00$ 200,000.00$ B - B2 REMOVAL AND DISPOSAL OF EXISTING TOP LAYER OF PAVEMENT ASPHALT (0- 2 INCH)SY 41,394 1.95$ 80,718.30$ 5.50$ 227,667.00$ B - B3 REHABILITATION - REMOVAL AND DISPOSAL OF EXISTING TOP LAYER OF PAVEMENT ASPHALT OR BASE SY-IN 0 -$ -$ -$ -$ B - B4 REHABILITATION - SURFACE PREPARATION SY 0 -$ -$ -$ -$ B - B5 1.5 INCH HMAC (TYPE D)SY 0 -$ -$ -$ -$ B - B6 2 INCH HMAC (TYPE D)SY 38,824 12.60$ 489,182.40$ 24.00$ 931,776.00$ B - B7 3 INCH HMAC (TYPE D)SY 0 -$ -$ -$ -$ B - B8 PRIME COAT, MC-30 (0.15 GAL/SY)GAL 7,765 6.12$ 47,521.80$ 8.50$ 66,002.50$ B - B9 CRUSHED LIMESTONE BASE (TYPE A, GRADE 1-2)SY-IN 235,600 2.94$ 692,664.00$ 5.50$ 1,295,800.00$ B - B10 TENSAR GEOGRID (TX5)SY 18,780 4.33$ 81,317.40$ 6.00$ 112,680.00$ B - B11 8 INCH LIME STABILIZED SUBGRADE SY 27,136 11.43$ 310,164.48$ 21.00$ 569,856.00$ B - B12 12 INCH MOISTURE CONDITIONED COMPACTED SUBGRADE SY 39,267 3.48$ 136,649.16$ 8.00$ 314,136.00$ B - B13 REHABILITATION - 8 INCH LIME TREATED BASE AND SUBGRADE SY 0 -$ -$ -$ -$ B - B14 REHABILITATION - CEMENT TREATED BASE AND SUBGRADE (MIN 4")SY-IN 0 -$ -$ -$ -$ B - B15 RECONSTRUCTION - STREET EXCAVATION (0-12 INCH)SY 38,244 2.60$ 99,434.40$ 15.50$ 592,782.00$ P.O. BOX 205 7505 UPRIVER RD CORPUS CHRISTI, TX 78409MERCEDES, TX 78570 TABULATION OF BIDS CITY OF CORPUS CHRISTI - CONTRACTS AND PROCUREMENT DEPARTMENT BID DATE: WEDNESDAY - APRIL 22, 2020 ROVAN TEXAS LLC JE CONSTRUCTION SERVICES 1 of 4 RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO. 18164A RFB NO2998 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT P.O. BOX 205 7505 UPRIVER RD CORPUS CHRISTI, TX 78409MERCEDES, TX 78570 BID DATE: WEDNESDAY - APRIL 22, 2020 ROVAN TEXAS LLC JE CONSTRUCTION SERVICES B - B16 RECONSTRUCTION - STREET EXCAVATION (12-24 INCH)SY 3,005 9.57$ 28,757.85$ 25.50$ 76,627.50$ B - B17 REHABILITATION - FULL DEPTH REPAIR SY 0 -$ -$ -$ -$ B - B18 PAVEMENT REPAIR SF 1,398 6.77$ 9,464.46$ 40.50$ 56,619.00$ B - B19 RAISED PAVEMENT MARKERS (TYPE II-B-B) (FIRE HYDRANT MARKING)EA 14 14.09$ 197.26$ 20.00$ 280.00$ B - B20 CONCRETE DRIVEWAY DEMOLITION SF 28,728 6.46$ 185,582.88$ 10.00$ 287,280.00$ B - B21 6-INCH CONCRETE DRIVEWAY SF 28,728 8.22$ 236,144.16$ 12.00$ 344,736.00$ B - B22 ADJUSTMENT OF EXISTING MANHOLE RING\COVER IN ROADWAY (SEWER, STORM)EA 13 500.00$ 6,500.00$ 3,500.00$ 45,500.00$ B - B23 ADJUSTMENT OF EXISTING VALVE BOX (WATER, GAS)EA 2 350.00$ 700.00$ 1,100.00$ 2,200.00$ B - B24 SPEED TABLE/SPEED HUMP EA 4 4,027.42$ 16,109.68$ 10,000.00$ 40,000.00$ B - B25 REMOVE EXISTING CHAIN LINK FENCE AND REPLACE WITH NEW LF 100 21.13$ 2,113.00$ 55.00$ 5,500.00$ B - B26 REMOVE EXISTING WOODEN FENCE AND REPLACE WITH NEW LF 100 41.09$ 4,109.00$ 38.00$ 3,800.00$ B - B27 NEW REGULATORY SIGNAGE EA 80 146.73$ 11,738.40$ 215.00$ 17,200.00$ B - B28 NEW STREET BLADE NAME SIGNS EA 83 176.08$ 14,614.64$ 250.00$ 20,750.00$ B - B29 RELOCATION OF EXISTING SIGNAGE EA 10 293.47$ 2,934.70$ 434.00$ 4,340.00$ B - B30 REMOVAL OF EXISTING SIGNAGE EA 68 64.56$ 4,390.08$ 95.00$ 6,460.00$ B - B31 SIGN SUPPORT ASSEMBLY (WEDGE ANCHOR STEEL SYSTEM)EA 57 205.43$ 11,709.51$ 300.00$ 17,100.00$ B - B32 SIGN SUPPORT ASSEMBLY (TRIANGULAR SLIPBASE SYSTEM)EA 10 352.16$ 3,521.60$ 500.00$ 5,000.00$ B - B33 REMOVE AND REPLACE EXISTING MAILBOX EA 20 387.58$ 7,751.60$ 400.00$ 8,000.00$ B - B34 SODDING, CLEARING AND GRADING SY 6,349 12.00$ 76,188.00$ 17.00$ 107,933.00$ B - B35 WATER SERVICE LINE ADJUSTMENTS LF 1,220 12.00$ 14,640.00$ 54.00$ 65,880.00$ B - B36 TYPE 'C' PREFABRICATED STOP BAR STRIPING (24-INCH)LF 60 18.78$ 1,126.80$ 27.00$ 1,620.00$ B - B37 TYPE 1 REFLECTIVE PAVEMENT MARKING (YELLOW) (SOLID) (4-INCH)LF 350 1.47$ 514.50$ 2.00$ 700.00$ B - B38 RAISED PAVEMENT MARKERS (TYPE II-A-A)EA 5 11.74$ 58.70$ 17.00$ 85.00$ B - B39 ALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS LS 1 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ B - B40 SINGLE COURSE SURFACE TREATMENT SY 38,824 3.65$ 141,707.60$ 5.50$ 213,532.00$ SUBTOTAL PART B 2,751,226.36$ 5,666,842.00$ PART C - ADA IMPROVEMENTS B - C1 MOBILIZATION (MAX. 5% PART C)LS 1 8,000.00$ 8,000.00$ 15,000.00$ 15,000.00$ B - C2 4-INCH CONCRETE SIDEWALK SF 45,854 7.63$ 349,866.02$ 12.25$ 561,711.50$ B - C3 SIDEWALK DEMOLITION SF 30,799 7.05$ 217,132.95$ 4.00$ 123,196.00$ B - C4 CONCRETE CURB RAMP SF 4,485 8.80$ 39,468.00$ 38.00$ 170,430.00$ B - C5 CURB RAMP DEMOLITION SF 4,115 9.69$ 39,874.35$ 6.00$ 24,690.00$ B - C6 TYPE 'C' PREFABRICATED CROSSWALK STRIPING (12-INCH)LF 230 9.39$ 2,159.70$ 14.00$ 3,220.00$ 2 of 4 RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO. 18164A RFB NO2998 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT P.O. BOX 205 7505 UPRIVER RD CORPUS CHRISTI, TX 78409MERCEDES, TX 78570 BID DATE: WEDNESDAY - APRIL 22, 2020 ROVAN TEXAS LLC JE CONSTRUCTION SERVICES B - C7 TYPE 'C' PREFABRICATED CROSSWALK STRIPING (24-INCH)LF 216 18.78$ 4,056.48$ 28.00$ 6,048.00$ SUBTOTAL PART C 660,557.50$ 904,295.50$ Part D - DRAINAGE IMPROVEMENTS B - D1 MOBILIZATION (MAX. 5% PART D)LS 1 8,000.00$ 8,000.00$ 7,800.00$ 7,800.00$ B - D2 DEMOLITION OF EXISTING INLET (0 - 5 FEET DEEP)EA 5 1,937.91$ 9,689.55$ 2,400.00$ 12,000.00$ B - D3 EXISTING CURB INLET TOP ADJUSTMENT (REMOVE AND REPLACE, 5' THROAT TYP.)EA 30 675.00$ 20,250.00$ 7,000.00$ 210,000.00$ B - D4 NEW CURB INLET (5' THROAT OPENING) (I.D. 3.5' X 5') 0 - 5 FEET DEEP EA 10 6,375.00$ 63,750.00$ 10,400.00$ 104,000.00$ B - D5 NEW CURB INLET (5' THROAT OPENING) (I.D. 4.5' X 5') 5 - 10 FEET DEEP EA 1 6,885.00$ 6,885.00$ 15,000.00$ 15,000.00$ B - D6 NEW CURB INLET EXTENSION (5' THROAT OPENING) (I.D. 2' X 5') EA 2 3,500.00$ 7,000.00$ 6,000.00$ 12,000.00$ B - D7 NEW 4-INCH CURB AND GUTTER LF 500 20.00$ 10,000.00$ 38.00$ 19,000.00$ B - D8 NEW 6-INCH CURB AND GUTTER LF 19,948 23.00$ 458,804.00$ 39.50$ 787,946.00$ B - D9 TYPE 'B' STORM MANHOLE (I.D. 4'X4') 0 - 5 FEET DEEP EA 1 5,500.00$ 5,500.00$ 23,000.00$ 23,000.00$ B - D10 TYPE 'C' STORM MANHOLE (I.D. 4'X4') 5 - 7 FEET DEEP EA 1 6,000.00$ 6,000.00$ 26,000.00$ 26,000.00$ B - D11 CURB & GUTTER DEMOLITION (4-INCH, 6-INCH AND DRIVEWAY)LF 19,768 7.75$ 153,202.00$ 16.00$ 316,288.00$ B - D12 VALLEY GUTTER SF 3,495 7.50$ 26,212.50$ 26.00$ 90,870.00$ B - D13 VALLEY GUTTER DEMOLITION SF 790 7.75$ 6,122.50$ 16.00$ 12,640.00$ B - D14 18-INCH ARCH REINFORCED CONCRETE PIPE (CLASS IV)LF 30 182.56$ 5,476.80$ 454.00$ 13,620.00$ B - D15 18-INCH REINFORCED CONCRETE PIPE (CLASS III)LF 801 72.38$ 57,976.38$ 320.00$ 256,320.00$ B - D16 24-INCH ARCH REINFORCED CONCRETE PIPE (CLASS III)LF 140 195.00$ 27,300.00$ 440.00$ 61,600.00$ B - D17 CONCRETE COLLAR (18-24 INCH PIPE)EA 7 250.00$ 1,750.00$ 1,500.00$ 10,500.00$ B - D18 CONCRETE COLLAR (36 INCH PIPE)EA 1 300.00$ 300.00$ 1,500.00$ 1,500.00$ B - D19 REMOVAL OF REINFORCED CONCRETE PIPE (12 - 15 INCH)LF 495 20.00$ 9,900.00$ 160.00$ 79,200.00$ B - D20 REMOVAL OF REINFORCED CONCRETE PIPE (18 - 24 INCH)LF 30 25.00$ 750.00$ 185.00$ 5,550.00$ B - D21 REMOVAL OF REINFORCED CONCRETE PIPE (36 INCH)LF 30 30.00$ 900.00$ 170.00$ 5,100.00$ B - D22 TRENCH SAFETY FOR STORMWATER LINES (0 - 5 FEET DEEP)LF 446 3.00$ 1,338.00$ 86.00$ 38,356.00$ B - D23 TRENCH SAFETY FOR STORMWATER LINES (5 - 10 FEET DEEP)LF 1 8.00$ 8.00$ 170.00$ 170.00$ B - D24 TRENCH SAFETY FOR STORMWATER INLETS/ TYPE 'B' MANHOLE (0 - 5 FEET DEEP)EA 13 100.00$ 1,300.00$ 1,300.00$ 16,900.00$ B - D25 TRENCH SAFETY FOR STORMWATER INLETS/ TYPE 'C' MANHOLE (5 - 10 FEET DEEP)EA 1 150.00$ 150.00$ 2,000.00$ 2,000.00$ B - D26 ALLOWANCE FOR UNANTICIPATED STORM WATER IMPROVEMENTS LS 1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ SUBTOTAL PART D 898,564.73$ 2,137,360.00$ 3 of 4 RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO. 18164A RFB NO2998 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT P.O. BOX 205 7505 UPRIVER RD CORPUS CHRISTI, TX 78409MERCEDES, TX 78570 BID DATE: WEDNESDAY - APRIL 22, 2020 ROVAN TEXAS LLC JE CONSTRUCTION SERVICES Part E - WATER IMPROVEMENTS B - E1 MOBILIZATION (MAX. 5% PART E)LS 1 1,200.00$ 1,200.00$ 7,000.00$ 7,000.00$ B - E2 6-INCH OR 8-INCH A.C.P. WATERLINE TO BE REMOVED AND DISPOSED LF 10 70.14$ 701.40$ 2,400.00$ 24,000.00$ B - E3 6-INCH OR 8-INCH A.C.P. TO D.I. COUPLINGS EA 2 875.00$ 1,750.00$ 2,800.00$ 5,600.00$ B - E4 6-INCH WATERLINE ADJUSTMENT EA 1 4,500.00$ 4,500.00$ 7,500.00$ 7,500.00$ B - E5 8-INCH WATERLINE ADJUSTMENT EA 1 4,850.00$ 4,850.00$ 7,600.00$ 7,600.00$ B - E6 FIRE HYDRANT ASSEMBLY TYPE 1 (INCLUDES MAIN LINE FITTING)EA 1 5,000.00$ 5,000.00$ 11,200.00$ 11,200.00$ B - E7 FIRE HYDRANT ASSEMBLY TYPE 2 (INCLUDES MAIN LINE FITTING)EA 1 5,000.00$ 5,000.00$ 11,300.00$ 11,300.00$ B - E8 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS LS 1 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ SUBTOTAL PART E 28,001.40$ 79,200.00$ Part F - WASTEWATER IMPROVEMENTS B - F1 MOBILIZATION (MAX. 5% PART F)LS 1 100.00$ 100.00$ 150.00$ 150.00$ B - F2 ALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS LS 1 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ SUBTOTAL PART F 2,100.00$ 2,150.00$ Part G - GAS SYSTEM IMPROVEMENTS B - G1 MOBILIZATION (MAX. 5% PART G)LS 1 30.00$ 30.00$ 150.00$ 150.00$ B - G2 EXCAVATION, BACKFILL AND COMPACTION OF TRENCH FOR GAS LINE (ADJUSTMENT TO BE COMPLETED BY THE CITY GAS DEPARTMENT)LF 30 25.00$ 750.00$ 126.00$ 3,780.00$ SUBTOTAL PART G 780.00$ 3,930.00$ TOTAL BASE BID PART B (Parts B-A thru B-G) 4,540,292.03$ 9,017,871.50$ 4 of 4 RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO 18164A RFB NO. 2998 ITEM NO.DESCRIPTION UNIT QTY UNIT PR AMOUNT BASE BID C PART A - GENERAL C - A1 MOBILIZATION (MAX. 5% PART A)LS 1 C - A2 BONDS AND INSURANCE LS 1 C - A3 STORMWATER POLLUTION PREVENTION PLAN (SWPPP) (PER STREET SEGMENT EXCLUDING SILT FENCE AND INLET PROTECTION)EA 16 C - A4 SILT FENCE (FOR SWPPP)LF 1,030 C - A5 INLET PROTECTION (FOR SWPPP)EA 95 C - A6 OZONE ACTION DAYS DAY 16 C - A7 TRAFFIC CONTROL (PLAN PREPARATION)EA 16 C - A8 TRAFFIC CONTROL (MOBILIZATION, IMPLEMENTATION, AND ADJUSTMENTS)MO 36 C - A9 DOOR HANGERS, PRINTED AND DELIVERED (2 PER RESIDENCE)EA 710 C - A10 ALLOWANCES FOR UNANTICIPATED GENERAL ACTIVITIES LS 1 SUBTOTAL PART A PART B- STREET IMPROVEMENTS C - B1 MOBILIZATION (MAX. 5% PART B)LS 1 C - B2 REMOVAL AND DISPOSAL OF EXISTING TOP LAYER OF PAVEMENT ASPHALT (0-2 INCH)SY 68,323 C - B3 REHABILITATION - REMOVAL AND DISPOSAL OF EXISTING TOP LAYER OF PAVEMENT ASPHALT OR BASE SY-IN 52,109 C - B4 REHABILITATION - SURFACE PREPARATION SY 36,026 C - B5 1.5 INCH HMAC (TYPE D)SY 4,222 C - B6 2 INCH HMAC (TYPE D)SY 55,417 C - B7 3 INCH HMAC (TYPE D)SY 8,685 C - B8 PRIME COAT, MC-30 (0.15 GAL/SY)GAL 9,360 C - B9 CRUSHED LIMESTONE BASE (TYPE A, GRADE 1-2)SY-IN 193,786 C - B10 TENSAR GEOGRID (TX5)SY 2,000 C - B11 8 INCH LIME STABILIZED SUBGRADE SY 38,541 C - B12 12 INCH MOISTURE CONDITIONED COMPACTED SUBGRADE SY 32,298 BID DATE: WEDNESDAY - APRIL 22,2020 TABULATION OF BIDS CITY OF CORPUS CHRISTI - CONTRACTS AND PROCUREMENT DEPARTMENT NO BIDS RECEIVED 1 of 4 RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO 18164A RFB NO. 2998 ITEM NO.DESCRIPTION UNIT QTY UNIT PR AMOUNT BID DATE: WEDNESDAY - APRIL 22,2020 NO BIDS RECEIVED C - B13 REHABILITATION - 8 INCH LIME TREATED BASE AND SUBGRADE SY 23,119 C - B14 REHABILITATION - CEMENT TREATED BASE AND SUBGRADE (MIN 4")SY-IN 21,109 C - B15 RECONSTRUCTION - STREET EXCAVATION (0-12 INCH)SY 32,298 C - B16 RECONSTRUCTION - STREET EXCAVATION (12-24 INCH)SY 3,781 C - B17 REHABILITATION - FULL DEPTH REPAIR SY 434 C - B18 PAVEMENT REPAIR SF 1,679 C - B19 RAISED PAVEMENT MARKERS (TYPE II-B-B) (FIRE HYDRANT MARKING)EA 28 C - B20 CONCRETE DRIVEWAY DEMOLITION SF 33,640 C - B21 6-INCH CONCRETE DRIVEWAY SF 33,640 C - B22 ADJUSTMENT OF EXISTING MANHOLE RING\COVER IN ROADWAY (SEWER, STORM)EA 69 C - B23 ADJUSTMENT OF EXISTING VALVE BOX (WATER, GAS)EA 17 C - B24 SPEED TABLE/SPEED HUMP EA 4 C - B25 REMOVE EXISTING CHAIN LINK FENCE AND REPLACE WITH NEW LF 100 C - B26 REMOVE EXISTING WOODEN FENCE AND REPLACE WITH NEW LF 100 C - B27 NEW REGULATORY SIGNAGE EA 238 C - B28 NEW STREET BLADE NAME SIGNS EA 198 C - B29 RELOCATION OF EXISTING SIGNAGE EA 10 C - B30 REMOVAL OF EXISTING SIGNAGE EA 187 C - B31 SIGN SUPPORT ASSEMBLY (WEDGE ANCHOR STEEL SYSTEM)EA 159 C - B32 SIGN SUPPORT ASSEMBLY (TRIANGULAR SLIPBASE SYSTEM)EA 26 C - B33 REMOVE AND REPLACE EXISTING MAILBOX EA 10 C - B34 SODDING, CLEARING AND GRADING SY 7,482 C - B35 WATER SERVICE LINE ADJUSTMENTS LF 2,433 C - B36 TYPE 'C' PREFABRICATED STOP BAR STRIPING (24-INCH)LF 288 C - B37 TYPE 1 REFLECTIVE PAVEMENT MARKING (YELLOW) (SOLID) (4-INCH)LF 1,060 C - B38 RAISED PAVEMENT MARKERS (TYPE II-A-A)EA 14 C - B39 ALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS LS 1 SUBTOTAL PART B PART C - ADA IMPROVEMENTS C - C1 MOBILIZATION (MAX. 5% PART C)LS 1 2 of 4 RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO 18164A RFB NO. 2998 ITEM NO.DESCRIPTION UNIT QTY UNIT PR AMOUNT BID DATE: WEDNESDAY - APRIL 22,2020 NO BIDS RECEIVED C - C2 4-INCH CONCRETE SIDEWALK SF 58,238 C - C3 SIDEWALK DEMOLITION SF 54,306 C - C4 CONCRETE CURB RAMP SF 14,460 C - C5 CURB RAMP DEMOLITION SF 14,460 C - C6 TYPE 'C' PREFABRICATED CROSSWALK STRIPING (12-INCH)LF 140 C - C7 TYPE 'C' PREFABRICATED CROSSWALK STRIPING (24-INCH)LF 1,008 SUBTOTAL PART C PART D - DRAINAGE IMPROVEMENTS C - D1 MOBILIZATION (MAX. 5% PART D)LS 1 C - D2 DEMOLITION OF EXISTING INLET (0 - 5 FEET DEEP)EA 2 C - D3 EXISTING CURB INLET TOP ADJUSTMENT (REMOVE AND REPLACE, 5' THROAT TYP.)EA 26 C - D4 NEW CURB INLET (5' THROAT OPENING) (I.D. 3.5' X 5') 0 - 5 FEET DEEP EA 9 C - D5 NEW CURB INLET (5' THROAT OPENING) (I.D. 4.5' X 5') 5 - 10 FEET DEEP EA 2 C - D6 NEW CURB INLET EXTENSION (5' THROAT OPENING) (I.D. 2' X 5') EA 2 C - D7 NEW 4-INCH CURB AND GUTTER LF 4,192 C - D8 NEW 6-INCH CURB AND GUTTER LF 19,814 C - D9 TYPE 'B' STORM MANHOLE (I.D. 4'X4') 0 - 5 FEET DEEP EA 1 C - D10 TYPE 'C' STORM MANHOLE (I.D. 4'X4') 5 - 7 FEET DEEP EA 1 C - D11 CURB & GUTTER DEMOLITION (4-INCH, 6-INCH AND DRIVEWAY)LF 23,996 C - D12 VALLEY GUTTER SF 1,665 C - D13 VALLEY GUTTER DEMOLITION SF 1,665 C - D14 18-INCH ARCH REINFORCED CONCRETE PIPE (CLASS IV)LF 30 C - D15 18-INCH REINFORCED CONCRETE PIPE (CLASS III)LF 410 C - D16 24-INCH ARCH REINFORCED CONCRETE PIPE (CLASS III)LF 330 C - D17 CONCRETE COLLAR (18-24 INCH PIPE)EA 2 C - D18 CONCRETE COLLAR (36 INCH PIPE)EA 3 C - D19 REMOVAL OF REINFORCED CONCRETE PIPE (12 - 15 INCH)LF 70 C - D20 REMOVAL OF REINFORCED CONCRETE PIPE (18 - 24 INCH)LF 30 C - D21 REMOVAL OF REINFORCED CONCRETE PIPE (36 INCH)LF 6 C - D22 TRENCH SAFETY FOR STORMWATER LINES (0 - 5 FEET DEEP)LF 110 3 of 4 RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO 18164A RFB NO. 2998 ITEM NO.DESCRIPTION UNIT QTY UNIT PR AMOUNT BID DATE: WEDNESDAY - APRIL 22,2020 NO BIDS RECEIVED C - D23 TRENCH SAFETY FOR STORMWATER LINES (5 - 10 FEET DEEP)LF 300 C - D24 TRENCH SAFETY FOR STORMWATER INLETS/ TYPE 'B' MANHOLE (0 - 5 FEET DEEP)EA 6 C - D25 TRENCH SAFETY FOR STORMWATER INLETS/ TYPE 'C' MANHOLE (5 - 10 FEET DEEP)EA 1 C - D26 ALLOWANCE FOR UNANTICIPATED STORM WATER IMPROVEMENTS LS 1 SUBTOTAL PART D Part E - WATER IMPROVEMENTS C - E1 MOBILIZATION (MAX. 5% PART E)LS 1 C - E2 6-INCH OR 8-INCH A.C.P. WATERLINE TO BE REMOVED AND DISPOSED LF 30 C - E3 6-INCH OR 8-INCH A.C.P. TO D.I. COUPLINGS EA 2 C - E4 6-INCH WATERLINE ADJUSTMENT EA 1 C - E5 8-INCH WATERLINE ADJUSTMENT EA 1 C - E6 FIRE HYDRANT ASSEMBLY TYPE 1 (INCLUDES MAIN LINE FITTING)EA 1 C - E7 FIRE HYDRANT ASSEMBLY TYPE 2 (INCLUDES MAIN LINE FITTING)EA 1 C - E8 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS LS 1 SUBTOTAL PART E Part F - WASTEWATER IMPROVEMENTS C - F1 MOBILIZATION (MAX. 5% PART F)LS 1 C - F2 ALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS LS 1 SUBTOTAL PART F Part G - GAS SYSTEM IMPROVEMENTS C - G1 MOBILIZATION (MAX. 5% PART G)LS 1 C - G2 EXCAVATION, BACKFILL AND COMPACTION OF TRENCH FOR GAS LINE (ADJUSTMENT TO BE COMPLETED BY THE CITY GAS DEPARTMENT)LF 60 SUBTOTAL PART G TOTAL BASE BID C (Part A thru G) 4 of 4 RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO. 18164A RFB NO. 2998 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT BASE BID D Part A - GENERAL D - A1 MOBILIZATION (MAX. 5% PART A)LS 1 5,000.00$ 5,000.00$ 6,732.88$ 6,732.88$ D - A2 BONDS AND INSURANCE LS 1 25,000.00$ 25,000.00$ 20,000.00$ 20,000.00$ D - A3 STORMWATER POLLUTION PREVENTION PLAN (SWPPP) (PER STREET SEGMENT EXCLUDING SILT FENCE AND INLET PROTECTION)EA 13 3,500.00$ 45,500.00$ 2,000.00$ 26,000.00$ D - A4 SILT FENCE (FOR SWPPP)LF 30 11.00$ 330.00$ 12.00$ 360.00$ D - A5 INLET PROTECTION (FOR SWPPP)EA 42 170.00$ 7,140.00$ 200.00$ 8,400.00$ D - A6 OZONE ACTION DAYS DAY 13 1.15$ 14.95$ 25.00$ 325.00$ D - A7 TRAFFIC CONTROL (PLAN PREPARATION)EA 13 5,000.00$ 65,000.00$ 4,000.00$ 52,000.00$ D - A8 TRAFFIC CONTROL (MOBILIZATION, IMPLEMENTATION, AND ADJUSTMENTS)MO 18 2,000.00$ 36,000.00$ 750.00$ 13,500.00$ D - A9 DOOR HANGERS, PRINTED AND DELIVERED (2 PER RESIDENCE)EA 543 5.65$ 3,067.95$ 7.50$ 4,072.50$ D - A10 ALLOWANCES FOR UNANTICIPATED GENERAL ACTIVITIES LS 1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ SUBTOTAL A 197,052.90$ 141,390.38$ Part B - STREET IMPROVEMENTS D - B1 MOBILIZATION (MAX. 5% PART B)LS 1 80,000.00$ 80,000.00$ 113,268.95$ 113,268.95$ D - B2 REMOVAL AND DISPOSAL OF EXISTING TOP LAYER OF PAVEMENT ASPHALT (0-2 INCH)SY 34,009 2.85$ 96,925.65$ 3.75$ 127,533.75$ D - B3 REHABILITATION - REMOVAL AND DISPOSAL OF EXISTING TOP LAYER OF PAVEMENT ASPHALT OR BASE SY-IN 10,883 1.05$ 11,427.15$ 6.75$ 73,460.25$ D - B4 REHABILITATION - SURFACE PREPARATION SY 1,814 3.40$ 6,167.60$ 8.00$ 14,512.00$ D - B5 1.5 INCH HMAC (TYPE D)SY 15,885 13.00$ 206,505.00$ 17.00$ 270,045.00$ D - B6 2 INCH HMAC (TYPE D)SY 18,124 15.00$ 271,860.00$ 18.00$ 326,232.00$ D - B7 3 INCH HMAC (TYPE D)SY 1,814 18.00$ 32,652.00$ 22.00$ 39,908.00$ D - B8 PRIME COAT, MC-30 (0.20 GAL/SY)GAL 7,165 4.60$ 32,959.00$ 7.75$ 55,528.75$ D - B9 CRUSHED LIMESTONE BASE (TYPE A, GRADE 1-2)SY-IN 5,023 3.00$ 15,069.00$ 3.50$ 17,580.50$ D - B10 TENSAR GEOGRID (TX5)SY 1,045 5.00$ 5,225.00$ 5.00$ 5,225.00$ D - B11 8 INCH LIME STABILIZED SUBGRADE SY 1,045 20.00$ 20,900.00$ 14.00$ 14,630.00$ D - B12 12 INCH MOISTURE CONDITIONED COMPACTED SUBGRADE SY 837 3.00$ 2,511.00$ 5.00$ 4,185.00$ TABULATION OF BIDS CITY OF CORPUS CHRISTI - CONTRACTS AND PROCUREMENT DEPARTMENT BID DATE: WEDNESDAY - APRIL 22, 2020 HAAS-ANDERSON CONSTR LTD A.ORTIZ CONSTR & PAVING INC P.O. BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TX 78467 CORPUS CHRISTI, TX 78405 Page 1 of 5 RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO. 18164A RFB NO. 2998 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT BID DATE: WEDNESDAY - APRIL 22, 2020 HAAS-ANDERSON CONSTR LTD A.ORTIZ CONSTR & PAVING INC P.O. BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TX 78467 CORPUS CHRISTI, TX 78405 D - B13 REHABILITATION - 8 INCH LIME TREATED BASE AND SUBGRADE SY 14,506 8.00$ 116,048.00$ 15.00$ 217,590.00$ D - B14 REHABILITATION - CEMENT TREATED BASE AND SUBGRADE (MIN 4")SY-IN 97,514 1.75$ 170,649.50$ 3.50$ 341,299.00$ D - B15 RECONSTRUCTION - STREET EXCAVATION (0-12 INCH)SY 837 8.05$ 6,737.85$ 10.00$ 8,370.00$ D - B16 RECONSTRUCTION - STREET EXCAVATION (12-24 INCH)SY 200 14.00$ 2,800.00$ 8.00$ 1,600.00$ D - B17 REHABILITATION - FULL DEPTH REPAIR SY 777 42.00$ 32,634.00$ 30.00$ 23,310.00$ D - B18 PAVEMENT REPAIR SF 1,650 7.55$ 12,457.50$ 30.00$ 49,500.00$ D - B19 RAISED PAVEMENT MARKERS (TYPE II-B-B) (FIRE HYDRANT MARKING)EA 14 13.00$ 182.00$ 15.00$ 210.00$ D - B20 CONCRETE DRIVEWAY DEMOLITION SF 13,701 4.40$ 60,284.40$ 6.00$ 82,206.00$ D - B21 6-INCH CONCRETE DRIVEWAY SF 13,701 15.00$ 205,515.00$ 10.00$ 137,010.00$ D - B22 ADJUSTMENT OF EXISTING MANHOLE RING\COVER IN ROADWAY (SEWER, STORM)EA 15 2,480.00$ 37,200.00$ 1,250.00$ 18,750.00$ D - B23 ADJUSTMENT OF EXISTING VALVE BOX (WATER, GAS)EA 6 1,080.00$ 6,480.00$ 750.00$ 4,500.00$ D - B24 SPEED TABLE/SPEED HUMP EA 2 6,010.00$ 12,020.00$ 4,250.00$ 8,500.00$ D - B25 REMOVE EXISTING CHAIN LINK FENCE AND REPLACE WITH NEW LF 100 33.00$ 3,300.00$ 15.00$ 1,500.00$ D - B26 REMOVE EXISTING WOODEN FENCE AND REPLACE WITH NEW LF 100 22.00$ 2,200.00$ 20.00$ 2,000.00$ D - B27 NEW REGULATORY SIGNAGE EA 86 136.00$ 11,696.00$ 550.00$ 47,300.00$ D - B28 NEW STREET BLADE NAME SIGNS EA 85 163.00$ 13,855.00$ 300.00$ 25,500.00$ D - B29 RELOCATION OF EXISTING SIGNAGE EA 10 271.00$ 2,710.00$ 650.00$ 6,500.00$ D - B30 REMOVAL OF EXISTING SIGNAGE EA 63 60.00$ 3,780.00$ 100.00$ 6,300.00$ D - B31 SIGN SUPPORT ASSEMBLY (WEDGE ANCHOR STEEL SYSTEM)EA 55 190.00$ 10,450.00$ 350.00$ 19,250.00$ D - B32 SIGN SUPPORT ASSEMBLY (TRIANGULAR SLIPBASE SYSTEM)EA 9 352.00$ 3,168.00$ 400.00$ 3,600.00$ D - B33 REMOVE AND REPLACE EXISTING MAILBOX EA 7 256.00$ 1,792.00$ 250.00$ 1,750.00$ D - B34 SODDING, CLEARING AND GRADING SY 1,647 19.00$ 31,293.00$ 15.00$ 24,705.00$ D - B35 WATER SERVICE LINE ADJUSTMENTS LF 822 41.00$ 33,702.00$ 40.00$ 32,880.00$ D - B36 TYPE 'C' PREFABRICATED STOP BAR STRIPING (24-INCH)LF 64 17.00$ 1,088.00$ 20.00$ 1,280.00$ D - B37 TYPE 1 REFLECTIVE PAVEMENT MARKING (YELLOW) (SOLID) (4-INCH)LF 1,020 1.35$ 1,377.00$ 2.00$ 2,040.00$ D - B38 RAISED PAVEMENT MARKERS (TYPE II-A-A)EA 13 11.00$ 143.00$ 15.00$ 195.00$ D - B39 ALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS LS 1 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ D - B40 SINGLE COURSE SURFACE TREATMENT SY 35,823 3.45$ 123,589.35$ 6.25$ 223,893.75$ SUBTOTAL B 1,714,353.00$ 2,378,647.95$ Page 2 of 5 RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO. 18164A RFB NO. 2998 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT BID DATE: WEDNESDAY - APRIL 22, 2020 HAAS-ANDERSON CONSTR LTD A.ORTIZ CONSTR & PAVING INC P.O. BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TX 78467 CORPUS CHRISTI, TX 78405 PART C - ADA IMPROVEMENTS D - C1 MOBILIZATION (MAX. 5% PART C)LS 1 26,000.00$ 26,000.00$ 25,441.05$ 25,441.05$ D - C2 4-INCH CONCRETE SIDEWALK SF 20,018 11.00$ 220,198.00$ 6.50$ 130,117.00$ D - C3 SIDEWALK DEMOLITION SF 20,018 2.95$ 59,053.10$ 6.00$ 120,108.00$ D - C4 CONCRETE CURB RAMP SF 7,756 28.00$ 217,168.00$ 25.00$ 193,900.00$ D - C5 CURB RAMP DEMOLITION SF 7,756 4.40$ 34,126.40$ 7.00$ 54,292.00$ D - C6 TYPE 'C' PREFABRICATED CROSSWALK STRIPING (12-INCH)LF 50 8.70$ 435.00$ 18.00$ 900.00$ D - C7 TYPE 'C' PREFABRICATED CROSSWALK STRIPING (24-INCH)LF 432 17.00$ 7,344.00$ 22.00$ 9,504.00$ SUBTOTAL C 564,324.50$ 534,262.05$ Part D - DRAINAGE IMPROVEMENTS D - D1 MOBILIZATION (MAX. 5% PART D)LS 1 27,000.00$ 27,000.00$ 17,312.90$ 17,312.90$ D - D2 DEMOLITION OF EXISTING INLET (0 - 5 FEET DEEP)EA 2 1,130.00$ 2,260.00$ 2,000.00$ 4,000.00$ D - D3 EXISTING CURB INLET TOP ADJUSTMENT (REMOVE AND REPLACE, 5' THROAT TYP.)EA 2 3,970.00$ 7,940.00$ 2,500.00$ 5,000.00$ D - D4 NEW CURB INLET (5' THROAT OPENING) (I.D. 3.5' X 5') 0 - 5 FEET DEEP EA 2 5,670.00$ 11,340.00$ 4,750.00$ 9,500.00$ D - D5 NEW CURB INLET (5' THROAT OPENING) (I.D. 4.5' X 5') 5 - 10 FEET DEEP EA 2 8,510.00$ 17,020.00$ 5,000.00$ 10,000.00$ D - D6 NEW CURB INLET EXTENSION (5' THROAT OPENING) (I.D. 2' X 5') EA 2 1,700.00$ 3,400.00$ 3,000.00$ 6,000.00$ D - D7 NEW 4-INCH CURB AND GUTTER LF 3,001 60.00$ 180,060.00$ 23.00$ 69,023.00$ D - D8 NEW 6-INCH CURB AND GUTTER LF 1,166 61.00$ 71,126.00$ 26.00$ 30,316.00$ D - D9 TYPE 'B' STORM MANHOLE (I.D. 4'X4') 0 - 5 FEET DEEP EA 2 6,810.00$ 13,620.00$ 6,500.00$ 13,000.00$ D - D10 TYPE 'C' STORM MANHOLE (I.D. 4'X4') 5 - 7 FEET DEEP EA 2 9,080.00$ 18,160.00$ 7,800.00$ 15,600.00$ D - D11 CURB & GUTTER DEMOLITION (4-INCH, 6-INCH AND DRIVEWAY)LF 4,167 15.00$ 62,505.00$ 7.00$ 29,169.00$ D - D12 VALLEY GUTTER SF 4,125 30.00$ 123,750.00$ 15.00$ 61,875.00$ D - D13 VALLEY GUTTER DEMOLITION SF 4,125 5.15$ 21,243.75$ 5.00$ 20,625.00$ D - D14 18-INCH ARCH REINFORCED CONCRETE PIPE (CLASS IV)LF 30 170.00$ 5,100.00$ 300.00$ 9,000.00$ D - D15 18-INCH REINFORCED CONCRETE PIPE (CLASS III)LF 30 85.00$ 2,550.00$ 200.00$ 6,000.00$ D - D16 24-INCH ARCH REINFORCED CONCRETE PIPE (CLASS III)LF 30 142.00$ 4,260.00$ 350.00$ 10,500.00$ D - D17 CONCRETE COLLAR (18-24 INCH PIPE)EA 2 567.00$ 1,134.00$ 1,500.00$ 3,000.00$ D - D18 CONCRETE COLLAR (36 INCH PIPE)EA 2 681.00$ 1,362.00$ 2,500.00$ 5,000.00$ D - D19 REMOVAL OF REINFORCED CONCRETE PIPE (12 - 15 INCH)LF 30 11.00$ 330.00$ 100.00$ 3,000.00$ D - D20 REMOVAL OF REINFORCED CONCRETE PIPE (18 - 24 INCH)LF 30 17.00$ 510.00$ 100.00$ 3,000.00$ Page 3 of 5 RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO. 18164A RFB NO. 2998 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT BID DATE: WEDNESDAY - APRIL 22, 2020 HAAS-ANDERSON CONSTR LTD A.ORTIZ CONSTR & PAVING INC P.O. BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TX 78467 CORPUS CHRISTI, TX 78405 D - D21 REMOVAL OF REINFORCED CONCRETE PIPE (36 INCH)LF 30 23.00$ 690.00$ 100.00$ 3,000.00$ D - D22 TRENCH SAFETY FOR STORMWATER LINES (0 - 5 FEET DEEP)LF 30 1.15$ 34.50$ 125.00$ 3,750.00$ D - D23 TRENCH SAFETY FOR STORMWATER LINES (5 - 10 FEET DEEP)LF 30 5.65$ 169.50$ 130.00$ 3,900.00$ D - D24 TRENCH SAFETY FOR STORMWATER INLETS/ TYPE 'B' MANHOLE (0 - 5 FEET DEEP)EA 2 11.00$ 22.00$ 3,000.00$ 6,000.00$ D - D25 TRENCH SAFETY FOR STORMWATER INLETS/ TYPE 'C' MANHOLE (5 - 10 FEET DEEP)EA 2 284.00$ 568.00$ 3,000.00$ 6,000.00$ D - D26 ALLOWANCE FOR UNANTICIPATED STORM WATER IMPROVEMENTS LS 1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ SUBTOTAL D 586,154.75$ 363,570.90$ Part E - WATER IMPROVEMENTS D - E1 MOBILIZATION (MAX. 5% PART E)LS 1 3,000.00$ 3,000.00$ 5,050.00$ 5,050.00$ D - E2 6-INCH OR 8-INCH A.C.P. WATERLINE TO BE REMOVED AND DISPOSED LF 2 54.00$ 108.00$ 200.00$ 400.00$ D - E3 6-INCH OR 8-INCH A.C.P. TO D.I. COUPLINGS EA 2 1,460.00$ 2,920.00$ 800.00$ 1,600.00$ D - E4 6-INCH WATERLINE ADJUSTMENT EA 2 6,340.00$ 12,680.00$ 6,500.00$ 13,000.00$ D - E5 8-INCH WATERLINE ADJUSTMENT EA 2 6,890.00$ 13,780.00$ 7,500.00$ 15,000.00$ D - E6 FIRE HYDRANT ASSEMBLY TYPE 1 (INCLUDES MAIN LINE FITTING)EA 2 7,430.00$ 14,860.00$ 15,000.00$ 30,000.00$ D - E7 FIRE HYDRANT ASSEMBLY TYPE 2 (INCLUDES MAIN LINE FITTING)EA 2 6,990.00$ 13,980.00$ 18,000.00$ 36,000.00$ D - E8 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS LS 1 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ SUBTOTAL E 66,328.00$ 106,050.00$ Part F - WASTEWATER IMPROVEMENTS D - F1 MOBILIZATION (MAX. 5% PART F)LS 1 100.00$ 100.00$ 100.00$ 100.00$ D - F2 ALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS LS 1 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ SUBTOTAL F 2,100.00$ 2,100.00$ Part G - GAS SYSTEM IMPROVEMENTS D - G1 MOBILIZATION (MAX. 5% PART G)LS 1 30.00$ 30.00$ 150.00$ 150.00$ D - G2 EXCAVATION, BACKFILL AND COMPACTION OF TRENCH FOR GAS LINE (ADJUSTMENT TO BE COMPLETED BY THE CITY GAS DEPARTMENT)LF 30 38.00$ 1,140.00$ 100.00$ 3,000.00$ SUBTOTAL G 1,170.00$ 3,150.00$ Page 4 of 5 RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO. 18164A RFB NO. 2998 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT BID DATE: WEDNESDAY - APRIL 22, 2020 HAAS-ANDERSON CONSTR LTD A.ORTIZ CONSTR & PAVING INC P.O. BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TX 78467 CORPUS CHRISTI, TX 78405 TOTAL BASE BID D (Parts A thru G)3,131,483.15$ 3,529,171.28$ Page 5 of 5 RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO. 18164A RFB NO. 2998 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT BASE BID E Part A - GENERAL E - A1 MOBILIZATION (MAX. 5% PART A)LS 1 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,349.50$ 5,349.50$ E - A2 BONDS AND INSURANCE LS 1 25,000.00$ 25,000.00$ 31,500.00$ 31,500.00$ 20,000.00$ 20,000.00$ E - A3 STORMWATER POLLUTION PREVENTION PLAN (SWPPP) (PER STREET SEGMENT EXCLUDING SILT FENCE AND INLET PROTECTION)EA 9 7,000.00$ 63,000.00$ 1,200.00$ 10,800.00$ 2,000.00$ 18,000.00$ E - A4 SILT FENCE (FOR SWPPP)LF 30 11.00$ 330.00$ 4.50$ 135.00$ 12.00$ 360.00$ E - A5 INLET PROTECTION (FOR SWPPP)EA 44 170.00$ 7,480.00$ 130.00$ 5,720.00$ 200.00$ 8,800.00$ E - A6 OZONE ACTION DAYS DAY 9 1.15$ 10.35$ 130.00$ 1,170.00$ 25.00$ 225.00$ E - A7 TRAFFIC CONTROL (PLAN PREPARATION)EA 9 1,760.00$ 15,840.00$ 1,900.00$ 17,100.00$ 4,000.00$ 36,000.00$ E - A8 TRAFFIC CONTROL (MOBILIZATION, IMPLEMENTATION, AND ADJUSTMENTS)MO 14 5,000.00$ 70,000.00$ 2,700.00$ 37,800.00$ 750.00$ 10,500.00$ E - A9 DOOR HANGERS, PRINTED AND DELIVERED (2 PER RESIDENCE)EA 414 5.65$ 2,339.10$ 3.00$ 1,242.00$ 7.50$ 3,105.00$ E - A10 ALLOWANCES FOR UNANTICIPATED GENERAL ACTIVITIES LS 1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ SUBTOTAL PART A 198,999.45$ 120,467.00$ 112,339.50$ Part B - STREET IMPROVEMENTS E - B1 MOBILIZATION (MAX. 5% PART B)LS 1 78,000.00$ 78,000.00$ 80,000.00$ 80,000.00$ 104,843.91$ 104,843.91$ E - B2 REMOVAL AND DISPOSAL OF EXISTING TOP LAYER OF PAVEMENT ASPHALT (0- 2 INCH)SY 31,443 2.85$ 89,612.55$ 4.00$ 125,772.00$ 3.75$ 117,911.25$ E - B3 REHABILITATION - REMOVAL AND DISPOSAL OF EXISTING TOP LAYER OF PAVEMENT ASPHALT OR BASE SY-IN 6,600 1.05$ 6,930.00$ 4.00$ 26,400.00$ 6.75$ 44,550.00$ E - B4 REHABILITATION - SURFACE PREPARATION SY 1,100 3.40$ 3,740.00$ 6.50$ 7,150.00$ 8.00$ 8,800.00$ E - B5 1.5 INCH HMAC (TYPE D)SY 4,697 13.00$ 61,061.00$ 15.50$ 72,803.50$ 17.00$ 79,849.00$ E - B6 2 INCH HMAC (TYPE D)SY 25,646 15.00$ 384,690.00$ 16.60$ 425,723.60$ 18.00$ 461,628.00$ E - B7 3 INCH HMAC (TYPE D)SY 1,100 18.00$ 19,800.00$ 31.00$ 34,100.00$ 22.00$ 24,200.00$ E - B8 PRIME COAT, MC-30 (0.15 GAL/SY)GAL 6,289 4.60$ 28,929.40$ 6.00$ 37,734.00$ 7.75$ 48,739.75$ E - B9 CRUSHED LIMESTONE BASE (TYPE A, GRADE 1-2)SY-IN 16,193 3.00$ 48,579.00$ 3.75$ 60,723.75$ 3.50$ 56,675.50$ E - B10 TENSAR GEOGRID (TX5)SY 3,354 4.00$ 13,416.00$ 4.50$ 15,093.00$ 5.00$ 16,770.00$ E - B11 8 INCH LIME STABILIZED SUBGRADE SY 3,354 14.00$ 46,956.00$ 14.50$ 48,633.00$ 14.00$ 46,956.00$ E - B12 12 INCH MOISTURE CONDITIONED COMPACTED SUBGRADE SY 2,699 3.00$ 8,097.00$ 4.50$ 12,145.50$ 5.00$ 13,495.00$ E - B13 REHABILITATION - 8 INCH LIME TREATED BASE AND SUBGRADE SY 25,646 8.00$ 205,168.00$ 9.90$ 253,895.40$ 15.00$ 384,690.00$ E - B14 REHABILITATION - CEMENT TREATED BASE AND SUBGRADE (MIN 4")SY-IN 23,486 1.75$ 41,100.50$ 2.50$ 58,715.00$ 3.50$ 82,201.00$ E - B15 RECONSTRUCTION - STREET EXCAVATION (0-12 INCH)SY 2,699 8.05$ 21,726.95$ 10.00$ 26,990.00$ 10.00$ 26,990.00$ E - B16 RECONSTRUCTION - STREET EXCAVATION (12-24 INCH)SY 2,699 14.00$ 37,786.00$ 19.00$ 51,281.00$ 8.00$ 21,592.00$ E - B17 REHABILITATION - FULL DEPTH REPAIR SY 1,405 42.00$ 59,010.00$ 37.50$ 52,687.50$ 30.00$ 42,150.00$ E - B18 PAVEMENT REPAIR SF 646 7.55$ 4,877.30$ 30.00$ 19,380.00$ 30.00$ 19,380.00$ E - B19 RAISED PAVEMENT MARKERS (TYPE II-B-B) (FIRE HYDRANT MARKING)EA 11 13.00$ 143.00$ 15.50$ 170.50$ 15.00$ 165.00$ E - B20 CONCRETE DRIVEWAY DEMOLITION SF 12,992 4.40$ 57,164.80$ 7.00$ 90,944.00$ 6.00$ 77,952.00$ E - B21 6-INCH CONCRETE DRIVEWAY SF 12,992 15.00$ 194,880.00$ 8.75$ 113,680.00$ 10.00$ 129,920.00$ E - B22 ADJUSTMENT OF EXISTING MANHOLE RING\COVER IN ROADWAY (SEWER, STORM)EA 26 2,480.00$ 64,480.00$ 2,500.00$ 65,000.00$ 1,250.00$ 32,500.00$ CORPUS CHRISTI, TX 78467 JE CONSTRUCTION SERVICES 7505 UPRIVER RD CORPUS CHRISTI, TX 78409 A.ORTIZ CONSTR & PAVING INC 102 AIRPORT RD CORPUS CHRISTI, TX 78405 TABULATION OF BIDS CITY OF CORPUS CHRISTI - CONTRACTS AND PROCUREMENT DEPARTMENT BID DATE: WEDNESDAY - APRIL 22,2020 HAAS-ANDERSON CONSTR LTD P.O. BOX 7692 1 of 3 RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO. 18164A RFB NO. 2998 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TX 78467 JE CONSTRUCTION SERVICES 7505 UPRIVER RD CORPUS CHRISTI, TX 78409 A.ORTIZ CONSTR & PAVING INC 102 AIRPORT RD CORPUS CHRISTI, TX 78405 BID DATE: WEDNESDAY - APRIL 22,2020 HAAS-ANDERSON CONSTR LTD P.O. BOX 7692 E - B23 ADJUSTMENT OF EXISTING VALVE BOX (WATER, GAS)EA 3 1,080.00$ 3,240.00$ 850.00$ 2,550.00$ 750.00$ 2,250.00$ E - B24 SPEED TABLE/SPEED HUMP EA 4 6,010.00$ 24,040.00$ 7,000.00$ 28,000.00$ 4,250.00$ 17,000.00$ E - B25 REMOVE EXISTING CHAIN LINK FENCE AND REPLACE WITH NEW LF 100 33.00$ 3,300.00$ 40.00$ 4,000.00$ 15.00$ 1,500.00$ E - B26 REMOVE EXISTING WOODEN FENCE AND REPLACE WITH NEW LF 100 22.00$ 2,200.00$ 28.00$ 2,800.00$ 20.00$ 2,000.00$ E - B27 NEW REGULATORY SIGNAGE EA 53 136.00$ 7,208.00$ 160.00$ 8,480.00$ 550.00$ 29,150.00$ E - B28 NEW STREET BLADE NAME SIGNS EA 50 163.00$ 8,150.00$ 190.00$ 9,500.00$ 300.00$ 15,000.00$ E - B29 RELOCATION OF EXISTING SIGNAGE EA 10 271.00$ 2,710.00$ 300.00$ 3,000.00$ 650.00$ 6,500.00$ E - B30 REMOVAL OF EXISTING SIGNAGE EA 41 60.00$ 2,460.00$ 70.00$ 2,870.00$ 100.00$ 4,100.00$ E - B31 SIGN SUPPORT ASSEMBLY (WEDGE ANCHOR STEEL SYSTEM)EA 34 190.00$ 6,460.00$ 225.00$ 7,650.00$ 350.00$ 11,900.00$ E - B32 SIGN SUPPORT ASSEMBLY (TRIANGULAR SLIPBASE SYSTEM)EA 7 352.00$ 2,464.00$ 420.00$ 2,940.00$ 400.00$ 2,800.00$ E - B33 REMOVE AND REPLACE EXISTING MAILBOX EA 5 256.00$ 1,280.00$ 325.00$ 1,625.00$ 250.00$ 1,250.00$ E - B34 SODDING, CLEARING AND GRADING SY 1,831 19.00$ 34,789.00$ 13.00$ 23,803.00$ 15.00$ 27,465.00$ E - B35 WATER SERVICE LINE ADJUSTMENTS LF 312 35.00$ 10,920.00$ 40.00$ 12,480.00$ 40.00$ 12,480.00$ E - B36 TYPE 'C' PREFABRICATED STOP BAR STRIPING (24-INCH)LF 157 17.00$ 2,669.00$ 20.00$ 3,140.00$ 20.00$ 3,140.00$ E - B37 TYPE 1 REFLECTIVE PAVEMENT MARKING (YELLOW) (SOLID) (4-INCH)LF 780 1.35$ 1,053.00$ 1.60$ 1,248.00$ 2.00$ 1,560.00$ E - B38 RAISED PAVEMENT MARKERS (TYPE II-A-A)EA 10 11.00$ 110.00$ 12.50$ 125.00$ 15.00$ 150.00$ E - B39 ALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS LS 1 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ E - B40 SINGLE COURSE SURFACE TREATMENT SY 31,443 3.45$ 108,478.35$ 4.00$ 125,772.00$ 6.25$ 196,518.75$ SUBTOTAL PART B 1,722,678.85$ 1,944,004.75$ 2,201,722.16$ PART C - ADA IMPROVEMENTS E - C1 MOBILIZATION (MAX. 5% PART C)LS 1 24,000.00$ 24,000.00$ 15,000.00$ 15,000.00$ 22,804.00$ 22,804.00$ E - C2 4-INCH CONCRETE SIDEWALK SF 24,112 11.00$ 265,232.00$ 8.00$ 192,896.00$ 6.50$ 156,728.00$ E - C3 SIDEWALK DEMOLITION SF 24,112 2.95$ 71,130.40$ 3.00$ 72,336.00$ 6.00$ 144,672.00$ E - C4 CONCRETE CURB RAMP SF 4,620 28.00$ 129,360.00$ 28.00$ 129,360.00$ 25.00$ 115,500.00$ E - C5 CURB RAMP DEMOLITION SF 4,620 4.40$ 20,328.00$ 4.00$ 18,480.00$ 7.00$ 32,340.00$ E - C6 TYPE 'C' PREFABRICATED CROSSWALK STRIPING (12-INCH)LF 50 8.70$ 435.00$ 10.00$ 500.00$ 18.00$ 900.00$ E - C7 TYPE 'C' PREFABRICATED CROSSWALK STRIPING (24-INCH)LF 270 17.00$ 4,590.00$ 20.00$ 5,400.00$ 22.00$ 5,940.00$ SUBTOTAL PART C 515,075.40$ 433,972.00$ 478,884.00$ Part D - DRAINAGE IMPROVEMENTS E - D1 MOBILIZATION (MAX. 5% PART D)LS 1 20,000.00$ 20,000.00$ 6,000.00$ 6,000.00$ 14,049.65$ 14,049.65$ E - D2 DEMOLITION OF EXISTING INLET (0 - 5 FEET DEEP)EA 2 1,130.00$ 2,260.00$ 1,700.00$ 3,400.00$ 2,000.00$ 4,000.00$ E - D3 EXISTING CURB INLET TOP ADJUSTMENT (REMOVE AND REPLACE, 5' THROAT TYP.)EA 2 3,970.00$ 7,940.00$ 5,000.00$ 10,000.00$ 2,500.00$ 5,000.00$ E - D4 NEW CURB INLET (5' THROAT OPENING) (I.D. 3.5' X 5') 0 - 5 FEET DEEP EA 2 5,670.00$ 11,340.00$ 7,700.00$ 15,400.00$ 4,750.00$ 9,500.00$ E - D5 NEW CURB INLET (5' THROAT OPENING) (I.D. 4.5' X 5') 5 - 10 FEET DEEP EA 2 8,510.00$ 17,020.00$ 9,500.00$ 19,000.00$ 5,000.00$ 10,000.00$ E - D6 NEW CURB INLET EXTENSION (5' THROAT OPENING) (I.D. 2' X 5') EA 2 1,700.00$ 3,400.00$ 4,500.00$ 9,000.00$ 3,000.00$ 6,000.00$ E - D7 NEW 4-INCH CURB AND GUTTER LF 1,554 60.00$ 93,240.00$ 28.00$ 43,512.00$ 23.00$ 35,742.00$ E - D8 NEW 6-INCH CURB AND GUTTER LF 2,631 61.00$ 160,491.00$ 29.00$ 76,299.00$ 26.00$ 68,406.00$ E - D9 TYPE 'B' STORM MANHOLE (I.D. 4'X4') 0 - 5 FEET DEEP EA 2 6,810.00$ 13,620.00$ 17,250.00$ 34,500.00$ 6,500.00$ 13,000.00$ E - D10 TYPE 'C' STORM MANHOLE (I.D. 4'X4') 5 - 7 FEET DEEP EA 2 9,080.00$ 18,160.00$ 20,000.00$ 40,000.00$ 7,800.00$ 15,600.00$ E - D11 CURB & GUTTER DEMOLITION (4-INCH, 6-INCH AND DRIVEWAY)LF 4,185 15.00$ 62,775.00$ 12.00$ 50,220.00$ 7.00$ 29,295.00$ E - D12 VALLEY GUTTER SF 615 30.00$ 18,450.00$ 19.50$ 11,992.50$ 15.00$ 9,225.00$ 2 of 3 RESIDENTIAL STREET REBUILD PROGRAM PROJECT NO. 18164A RFB NO. 2998 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TX 78467 JE CONSTRUCTION SERVICES 7505 UPRIVER RD CORPUS CHRISTI, TX 78409 A.ORTIZ CONSTR & PAVING INC 102 AIRPORT RD CORPUS CHRISTI, TX 78405 BID DATE: WEDNESDAY - APRIL 22,2020 HAAS-ANDERSON CONSTR LTD P.O. BOX 7692 E - D13 VALLEY GUTTER DEMOLITION SF 615 5.15$ 3,167.25$ 12.00$ 7,380.00$ 5.00$ 3,075.00$ E - D14 18-INCH ARCH REINFORCED CONCRETE PIPE (CLASS IV)LF 30 170.00$ 5,100.00$ 350.00$ 10,500.00$ 300.00$ 9,000.00$ E - D15 18-INCH REINFORCED CONCRETE PIPE (CLASS III)LF 30 85.00$ 2,550.00$ 225.00$ 6,750.00$ 200.00$ 6,000.00$ E - D16 24-INCH ARCH REINFORCED CONCRETE PIPE (CLASS III)LF 30 142.00$ 4,260.00$ 330.00$ 9,900.00$ 350.00$ 10,500.00$ E - D17 CONCRETE COLLAR (18-24 INCH PIPE)EA 2 567.00$ 1,134.00$ 1,000.00$ 2,000.00$ 1,500.00$ 3,000.00$ E - D18 CONCRETE COLLAR (36 INCH PIPE)EA 2 681.00$ 1,362.00$ 1,100.00$ 2,200.00$ 2,500.00$ 5,000.00$ E - D19 REMOVAL OF REINFORCED CONCRETE PIPE (12 - 15 INCH)LF 30 11.00$ 330.00$ 120.00$ 3,600.00$ 100.00$ 3,000.00$ E - D20 REMOVAL OF REINFORCED CONCRETE PIPE (18 - 24 INCH)LF 30 17.00$ 510.00$ 140.00$ 4,200.00$ 100.00$ 3,000.00$ E - D21 REMOVAL OF REINFORCED CONCRETE PIPE (36 INCH)LF 30 23.00$ 690.00$ 125.00$ 3,750.00$ 100.00$ 3,000.00$ E - D22 TRENCH SAFETY FOR STORMWATER LINES (0 - 5 FEET DEEP)LF 30 1.15$ 34.50$ 60.00$ 1,800.00$ 125.00$ 3,750.00$ E - D23 TRENCH SAFETY FOR STORMWATER LINES (5 - 10 FEET DEEP)LF 30 5.65$ 169.50$ 130.00$ 3,900.00$ 130.00$ 3,900.00$ E - D24 TRENCH SAFETY FOR STORMWATER INLETS/ TYPE 'B' MANHOLE (0 - 5 FEET DEEP)EA 2 11.00$ 22.00$ 1,000.00$ 2,000.00$ 3,000.00$ 6,000.00$ E - D25 TRENCH SAFETY FOR STORMWATER INLETS/ TYPE 'C' MANHOLE (5 - 10 FEET DEEP)EA 2 284.00$ 568.00$ 1,500.00$ 3,000.00$ 3,000.00$ 6,000.00$ E - D26 ALLOWANCE FOR UNANTICIPATED STORM WATER IMPROVEMENTS LS 1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ SUBTOTAL PART D 458,593.25$ 390,303.50$ 295,042.65$ Part E - WATER IMPROVEMENTS E - E1 MOBILIZATION (MAX. 5% PART E)LS 1 3,000.00$ 3,000.00$ 2,500.00$ 2,500.00$ 5,050.00$ 5,050.00$ E - E2 6-INCH OR 8-INCH A.C.P. WATERLINE TO BE REMOVED AND DISPOSED LF 2 54.00$ 108.00$ 1,750.00$ 3,500.00$ 200.00$ 400.00$ E - E3 6-INCH OR 8-INCH A.C.P. TO D.I. COUPLINGS EA 2 1,460.00$ 2,920.00$ 2,000.00$ 4,000.00$ 800.00$ 1,600.00$ E - E4 6-INCH WATERLINE ADJUSTMENT EA 2 6,340.00$ 12,680.00$ 5,600.00$ 11,200.00$ 6,500.00$ 13,000.00$ E - E5 8-INCH WATERLINE ADJUSTMENT EA 2 6,890.00$ 13,780.00$ 5,700.00$ 11,400.00$ 7,500.00$ 15,000.00$ E - E6 FIRE HYDRANT ASSEMBLY TYPE 1 (INCLUDES MAIN LINE FITTING)EA 2 7,430.00$ 14,860.00$ 8,500.00$ 17,000.00$ 15,000.00$ 30,000.00$ E - E7 FIRE HYDRANT ASSEMBLY TYPE 2 (INCLUDES MAIN LINE FITTING)EA 2 6,990.00$ 13,980.00$ 8,600.00$ 17,200.00$ 18,000.00$ 36,000.00$ E - E8 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS LS 1 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ SUBTOTAL PART E 66,328.00$ 71,800.00$ 106,050.00$ Part F - WASTEWATER IMPROVEMENTS E - F1 MOBILIZATION (MAX. 5% PART F)LS 1 100.00$ 100.00$ 100.00$ 100.00$ 100.00$ 100.00$ E - F2 ALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS LS 1 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ SUBTOTAL PART F 2,100.00$ 2,100.00$ 2,100.00$ Part G - GAS SYSTEM IMPROVEMENTS E - G1 MOBILIZATION (MAX. 5% PART G)LS 1 30.00$ 30.00$ 100.00$ 100.00$ 150.00$ 150.00$ E - G2 EXCAVATION, BACKFILL AND COMPACTION OF TRENCH FOR GAS LINE (ADJUSTMENT TO BE COMPLETED BY THE CITY GAS DEPARTMENT)LF 30 38.00$ 1,140.00$ 90.00$ 2,700.00$ 100.00$ 3,000.00$ SUBTOTAL PART G 1,170.00$ 2,800.00$ 3,150.00$ TOTAL BASE BID E (Parts A thru G)2,964,944.95$ 2,965,447.25$ 3,199,288.31$ Shaded areas indicate mathematical errors - amounts shown are corrected amounts 3 of 3 DATE: May 4, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com (361) 886-2603 CAPTION: Resolution authorizing the submission of a grant application in an amount of $410,973.00 to the Automobile Burglary and Theft Prevention Authority to continue the Motor Vehicle Theft Unit activities in the Police Department with a City cash match of $746,168.00 to fund three sworn officers and two civilians, an in-kind match of $63,727.00 and a program income match of $2,161.00 for a total budget of $1,223,029.00. SUMMARY: This resolution authorizes submission of a grant to the Auto Burglary and Theft Prevention Authority of Texas for salary, benefits, and overtime of three sworn officers, two civilians, and a public information and education program . The City must apply for these funds each year. BACKGROUND AND FINDINGS: The City of Corpus Christi is applying for grant FY 2021 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to rising auto thefts and is funded through a monthly fee of $2 on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension of stolen and burglarized vehicles, but also on the salvage yards in the City and Coun ty to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant which includes crime prevention programs focusing on reducing auto thefts. The grant provides funds for one Lieutenant to supervise the Unit, two sworn CCPD officers, and two civilians. The civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In -kind contributions include Approval to submit a grant application to the Automobile Burglary and Theft Prevention Authority to continue the Motor Vehicle Theft Unit in the Police Department AGENDA MEMORANDUM Action Item for the City Council meeting of June 9, 2020 copy machine and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for three sworn officers’ and two civilian officers’ salary, benefits, and overtime who currently work in the auto theft and auto burglary bureau. The program income match comes from the inspections of trailers and vehicles that grant officers conduct twice monthly at the vehicle impound. Citizens can bring their vehicles and trailers for inspections and receive a certified state inspection report n eeded to obtain their license sticker for a fee of $40. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 20 plus years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee’s ability to utilize the funds efficiently. The grant period is September 1, 2020 – August 31, 2021. The City has received the grant for 20 years. ALTERNATIVES: If the grant application is not authorized funding will be lost or reduced to continue the Motor Vehicle Theft Unit. FISCAL IMPACT There is no fiscal impact in FY 2020 with the submission of the grant application. If grant funds are awarded the fiscal impact will be in FY 2021. The grant funds of $410,973 will be appropriated to the FY21 Police Grants Fund and the City cash match of $746,168 will be available in the FY21 Police Department General Fund. Funding Detail: Fund: 1061 Police Grants Fund Organization/Activity: Automobile Burglary and Theft Prevention Grant Org Project # (CIP Only): Account: 510100 Fund: 1020 General Fund Organization/Activity: Criminal Investigation Division 11720 Criminal Investigation Division Auto Theft 11721 Project # (CIP Only): Account: 510100 Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing the submission of a grant application in an amount of $410,973.00 to the Automobile Burglary and Theft Prevention Authority to continue the Motor Vehicle Theft Unit activities in the Police Department with a City cash match of $746,168.00 to fund three sworn officers and two civilians, an in-kind match of $63,727.00 and a program income match of $2,161.00 for a total budget of $1,223,029.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $410,973 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 20 with a City cash match of $746,168, in-kind services of $63,727, and a program income match of $2,161, for a total project cost of $1,223,029 and authorizing the City Manager or the City Manager’s designee to apply for, accept, reject, alter or terminate the grant. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Automobile Theft Prevention Authority. 2 PASSED AND APPROVED on the ______ day of _________, 2020: 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 Joe McComb City Secretary Mayor DATE: May 14, 2020 TO: Peter Zanoni, City Manager FROM: Jermel Stevenson, Director, Parks and Recreation Department JermelS@cctexas.com 361-826-3464 CAPTION: Resolution approving FY 2020-2021 grant application for the Beach Cleaning and Maintenance Assistance Program from the Texas General Land Office for an estimated amount of $70,000 to provide beach cleaning and maintenance on North Padre Island and Mustang Island. SUMMARY: The Texas General Land Office (TGLO) Beach Cleaning and Maintenance Assistance Program provides reimbursement for some portion of the City of Corpus Christi’s beach maintenance expenditures. Cities which qualify for eligibility under the Natural Resources Code, may receive up to, but no greater than two-thirds reimbursement for eligible expenses incurred in cleaning and maintaining the beaches; however, actual state appropriations have always limited this reimbursement to the range of 10 to 20 percent of actual local costs. The City must pass a Resolution to apply for the TGLO Beach Cleaning and Maintenance Assistance Program. BACKGROUND AND FINDINGS: The TGLO Beach Cleaning and Maintenance Assistance Program uses a funding formula to reimburse cities and counties. The reimbursement amount varies from year to year based on the formula and available funds. Currently, the principal portion of the beach maintenance appropriations is distributed among the twelve communities that contain public beaches within their jurisdiction and have made application for funding. For FY19, the City received $73,701.76. We have been notified that the FY20 funds have been distributed and the City will receive $73,772.49. ALTERNATIVES: Do not apply for beach maintenance funding. However, the City has applied and been granted this funding each year for the last 10+ years. It helps offset costs that the City would have incurred. Texas General Land Office Beach Cleaning and Maintenance Assistance Program AGENDA MEMORANDUM Action Item for the City Council Meeting June 9, 2020 FISCAL IMPACT: Funding Detail: Fund: 1020 General Fund Organization/Activity: 12940 Beach Operations Mission Element: 141 Manage & Maintain Parks & Rec Facilities Project # (CIP Only): n/a Account: 303510 General Land Office Beach Cleaning RECOMMENDATION: Staff recommends approval of this resolution approving FY 2020-2021 grant application for the Beach Cleaning and Maintenance Assistance Program from the Texas General Land Office for an estimated amount of $70,000 to provide beach cleaning and maintenance on North Padre Island and Mustang Island. LIST OF SUPPORTING DOCUMENTS: Resolution GLO FY21 Application for the Beach Cleaning and Maintenance Resolution approving FY 2020-2021 grant application for the Beach Cleaning and Maintenance Assistance Program from the Texas General Land Office for an estimated amount of $70,000 to provide beach cleaning and maintenance on North Padre Island and Mustang Island. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The Corpus Christi City Council hereby approves and ratifies the execution and submittal by the City Manager or designee of all documents necessary to apply for continued financial assistance for cleaning and maintaining beaches under the City’s jurisdiction on North Padre Island and Mustang Island during FY 20 20-2021 under the Texas General Land Office’s Beach Cleaning and Maintenance Assistance Program for an estimated amount of $70,000. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. 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 Joe McComb City Secretary Mayor Corpus Christi, Texas _________ day of ___________________, 20 20 Page 1 of 2 City or County making application (applicant): Name and mailing address of administrative body responsible for beach cleaning: Name, title, email address, and phone of official with day-to-day responsibility for project: Name, title, mailing and email address, and phone of official authorized to receive state reimbursement: The applicant understands and agrees that the requirements set forth in Section 61.069 of the Texas Natural Resources Code must be met, and the applicant expressly pledges and represents that it has met or will meet the requirements through the following: 1.The applicant has a duly constituted beach park board or like body with adequate authority to administer an effective program of keeping the public beaches under its jurisdiction clean. (OBA §61.069 (1)) 2.The applicant shall provide for receipt of all project funds by its treasurer or like official who shall adequately safeguard such funds and assure same are expended solely for project purposes. The applicant agrees to reimburse the General Land Office for any project funds lost or spent for non- project purposes. (OBA §61.069 (2)) 3.The applicant shall submit such reports as to amounts and types of project expenditures as may be required by the General Land Office. (OBA §61.069 (3)) 4.The applicant provides free entrance to all public beaches within its jurisdiction. (OBA §61.069 (4)) 5.The applicant operates and maintains one or more coastal parks which are satisfactory to the General Land Office with respect to size and facilities. (OBA §61.069 (5)) Application for the Beach Cleaning and Maintenance Assistance Program Fiscal Year 2021 (September 1, 2020 - August 31, 2021) Texas General Land Office George P. Bush, Commissioner P.O. Box 12873 Austin, Texas 78711-2873 www.glo.state.tx.us 1-800-998-4GLO Estimate of Expenses Page 2 of 2 Application for the Beach Cleaning and Maintenance Assistance Program 1.Equipment rental, litter and debris removal 2.Labor, litter and debris removal 3.Signs, litter-related 4.Supervision, litter and debris removal 5.Solid waste collection and disposal, including purchase of containers 6.Portable toilet rental and servicing 7.Barricades, bollards, and traffic signs 8.Lifeguard expenses 9.Litter patrol expenses 10.Beach patrol expenses 11.Administration Amount of state assistance requested for current state fiscal year (may not exceed two-thirds of amount shown in line above as provided by Section 61.076 of the Texas Natural Resources Code): The General Land Office reserves the right to require of the applicant any additional evidence it may deem necessary for the approval of the application or management of the program. Supporting documents: (The application is incomplete unless the following documents are included.) Mark the applicable box as the corresponding document is included with the application. acting by and through Applicant Official hereunto duly authorized, submits this application and certifies its contents are true and correct, and agrees to the above terms and conditions. by Name Signature Title Date A current resolution authorizing application for funds and vesting an official with full authority to act for purposes of the program. A Texas Department of Transportation county map upon which are delineated the public beaches to be cleaned and the linear feet of beach therein. A site plan of applicant's beach park which meets the minimum requirements established by the state. A certified copy of documentation establishing a beach park board or like body. A current written statement attesting that the maintenance to be provided is consistent with the applicant's community adopted plan for Beach Access and Dune Protection. A current written statement acknowledging that compliance with the regulations for collection and expenditure of beach user fees, contained in Section 15.8 of the state's beach access and dune protection regulations, is a requirement of the program. A current written statement that the applicant will supply an adequate number of garbage and litter receptacles for that area of the beach which the applicant cleans and maintains in this program. Receptacles for recyclables are suggested, but not required. A current list, adopted by the governing body, of the equipment rates to be charged per hour or per day which also indicates whether with or without operator. A current beach-cleaning proposal describing the cleaning and maintenance operations at the beach. TOTAL Total linear feet of beach to be cleaned Application Checklist For State Assistance in Cleaning and Maintaining Public Beaches Review the following prior to submitting the Application for State Assistance in Cleaning and Maintaining Public Beaches. Each bulleted item is required to process the application; the text following each item explains how to comply with the requirement. Incomplete applications will not be approved. The Original Application. The 2-page application containing the vested official’s signature must be submitted. Note: The application must include an original signature by the person/official authorized by the resolution to apply for funds. A Signed Resolution. Ensure the resolution authorizes the application for program funds and declares an official with full authority to act for purposes of the program. An Estimate of Expenditures. Provide the total amount of projected expenditures in the spaces above “Total”, this amount is the sum of the expenditures above it (i.e. equipment rental, labor, direct supervision, administrative, and other). Provide the amount of state assistance being requested on the line following the “Total” projected expenditures line. This amount may not exceed 2/3rds of the “Total” projected expenditures. A Current Equipment Rate Sheet. List all equipment items used; equipment not listed on the contract rate sheet will not be approved for reimbursement. Therefore if four Chevy pickups are used, the equipment rate sheet should indicate such. Indicate whether rates are with or without an operator. If an operator’s wages are included, indicate the dollar amount per hour included in the equipment rate. Do not include rental equipment on the equipment rate sheet. The agency has the discretion to request documentation for how each equipment reimbursement rate was calculated in order to ensure the rate does not exceed expenditures. Be prepared to provide justification for the agency to approve your Each equipment rapiece of equites. pment must be adequately described before the agency will approve the item’s rate as reasonable. An adequate description should provide the equipment’s make and model, horsepower, wheel type (crawler or tires), capacity (bucket size), and attachments (rake/tiller). Note: Equipment rates must be approved by resolution or other similar record of official action. A Garbage and Litter Receptacle Statement. A statement assuring an adequate supply of garbage and litter receptacles will be provided for the community’s total linear footage of beaches. A Beach Dune Rule Compliance Statement. A statement acknowledging that beach cleaning and maintenance is consistent with the applicant’s Beach Dune Plan. A Beach User Fees Regulations Compliance Statement. A statement, pledging adherence to the regulations for collection and expenditure of beach user fees in Section 15.8 of the Texas Administrative Codes. Accompany the statement with a declaration of compliance to Beach User Fee Reporting requirements. Note: The garbage litter statement, beach dune rule statement, and beach user fees statement may all be included on the same document. A County Map. A map that plainly marks/highlights the beaches to be maintained and has the linear footage written on the map. For TxDOT maps, see http:/www.txdot.gov/travel/county_grid_search.htm . Google Earth maps may be used if preferred, see http://earth.google.com/. Submit the notated maps with the application packet. Additional maps (non- TxDOT or Google Earth) may be submitted in addition to the acceptable maps detailed above. A Site Map of all applicable Beach Parks. A current site map is required. A site map should detail the location of shower areas, restrooms, parking areas, potable water, and any other facilities provided. A Beach Cleaning Proposal (BCP). A summary of the maintenance activities being performed by the community. Detail the amount of staffing, trash pick-up procedures, labor and patrol schedules, special events, special/seasonal maintenance, etc. BCP’s should be updated periodically and must be thorough enough for the GLO to ascertain what maintenance is being performed. Most BCP’s are two pages or less. The summary should be titled as a beach- cleaning proposal or equivalent. Remember to include a date and have the BCP signed by either the vested official or official with day-to-day responsibility as listed on the cover of the application. Note: A community’s Beach Dune Protection and Beach Access Regulations may not serve as a beach cleaning proposal unless the maintenance activities describe therein are current (written no more than 3 years ago) and detailed. Miscellaneous. Other supporting documentation to the application is welcomed but not required. Note: For any of the above items designated as “on file,” indicate the original fiscal year they were provided. If the original fiscal year is not indicated, the items cannot be transferred into the current file and the applicant must re-supply the document. Failure to include the required documentation will delay approval of the application. The General Land Office, as the agency authorized to enforce the program’s rules, has the discretion to require of the applicant any additional evidence it may deem necessary for the application or management of the program. (31 TAC §25.3) Instructions for Texas Department of Transportation County Maps and Beach Park Site Maps The agency requests that Texas Department of Transportation (TxDOT) County Maps, Google Earth, or Google Maps be used to designate the beach areas your community maintains and the linear feet of those beaches. Use the following instructions to meet your community’s county map and site map requirements for the Beach Maintenance Reimbursement Fund Program. A.For each TxDOT County map (full-scale view and inset maps) or Google Earth Image, do the following: 1.Mark the eligible beach areas to be cleaned. 2.Write the linear footage of each area. 3.If your beach areas are separated, write the total linear footage (sum of each area) somewhere on the map. Example: B.For beach park site maps, do the following:1.Indicate the location of restrooms, shower facilities and potable water.2.Indicate the location of on or off-beach parking areas.3.Indicate any other facilities that are provided on the site map. Return the maps and beach park site maps with the Application for State Assistance in Cleaning and Maintaining Public Beaches. Texas Department of Transportation County Maps can be accessed at http://www.dot.state.tx.us/travel/county_grid_search.htm. Contact Gloria Maynard at gloria.maynard@glo.texas.gov or by phone at (512) 305-9598 if you have questions. 1,500 linear feet 1,500 linear feet TOTAL 3,000 linear feet DATE: May 11, 2020 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com 361-826-1718 CAPTION: Resolution approving participation in the Nueces County Community Action Agency programs to provide financial assistance to eligible City utility customers. PURPOSE: The purpose is to approve a Memorandum of Agreement with the Nueces County Community Action Agency (NCCAA) to facilitate a Coronavirus Aid, Relief, and Economic Security (CARES) Act program to provide financial assistance to qualified City utility households. BACKGROUND AND FINDINGS: Due to orders from federal, state, and local authorities over recent months, many households have been impacted by the resulting economic shutdown. The United States Congress has passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act to assist businesses and individuals in need. The NCCAA will administer some of the CARES funds to provide financial assistance primarily for one-time rental/mortgage expenses, utilities, education and training, and emergency assistance. A Memorandum of Agreement will allow the City to receive utility payments for qualified households from the NCCAA and apply payments to accounts of those utility customers. Once available, applications for assistance may be submitted directly to the NCCAA in person at the 1006 22nd Street Community Services Center in Corpus Christi, by mail, or online. ALTERNATIVES: Do not approve Memorandum of Agreement with the Nueces County Community Action Agency. FISCAL IMPACT: There will be no fiscal impact to enter this Memorandum of Agreement. Funding Detail: N/A RECOMMENDATION: Staff recommends approval of the Memorandum of Agreement with the Nueces County Community Action Agency. Agreement with Nueces County Community Action Agency for Utility Bill Financial Assistance AGENDA MEMORANDUM Action Item for the City Council Meeting June 9, 2020 LIST OF SUPPORTING DOCUMENTS: Resolution Memorandum of Agreement Resolution approving participation in the Nueces County Community Action Agency programs to provide financial assistance to eligible City utility customers. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute all documents necessary for the City to participate in the utility assistance programs provided by Nueces County Community Action Agency (NCCAA) for qualified City utility customers. A sample agreement is attached which may be modified to include all utility services provided by the City as such programs are established by the NCCAA. PASSED AND APPROVED on the day of , 2020: 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 Joe McComb City Secretary Mayor DATE: April 28, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0420-01, Mostaghasi Enterprises, Inc. (District 5). Ordinance rezoning property at or near 8102 Yorktown Boulevard from the “FR” Farm Rural District to the “RS-6” Single-Family 6 District and “CG-2” General Commercial District. SUMMARY: The purpose of the zoning request is to allow for the construction of single-family homes and commercial properties. BACKGROUND AND FINDINGS: The subject property is 30.28 acres in size. The subject property was initially rezoned from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District in 2009. No development has occurred on the subject property since annexation in 1995. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the “RS-6” Single- Family 6 District and “CG-2” General Commercial District is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties. An amendment to the Future Land Use Map will be warranted for the commercial portion of the proposed rezoning. Public Input Process Number of Notices Mailed 6 within 200-foot notification area 5 outside notification area As of April 10, 2020: In Favor 0 inside notification area In Opposition 0 inside notification area Rezoning a property at or near 8102 Yorktown Boulevard AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 06/09/20 Second Reading Ordinance for the City Council Meeting 06/16/20 0 outside notification area 1 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “FR” Farm Rural District to the “RS-6” Single-Family 6 District and “CG-2” General Commercial District on April 15, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the “FR” Farm Rural District to the “RS-6” Single- Family 6 District and “CG-2” General Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “FR” Farm Rural District to the “RS-6” Single-Family 6 District and “CG-2” General Commercial District with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 0 Abstained: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0420-01, Mostaghasi Enterprises, Inc. (District 5). Ordinance rezoning property at or near 8102 Yorktown Boulevard from the “FR” Farm Rural District to the “RS-6” Single-Family 6 District and “CG-2” General Commercial District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being 26.62 acre tract, being out of Lots 2, 4, and 5, and 3.67 acres out of Lot 5, Section 34, Flour Bluff Encinal Farm and Garden Tracts as shown in Exhibits “A”, “B”, and "C": from the “FR” Farm Rural District to the “RS-6” Single-Family 6 District and “CG- 2” General Commercial District. The subject property is located at or near 8102 Yorktown Boulevard. Exhibits “A”, “B”, and "C", which is the Metes and Bounds of the subject property with an associated map, are attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. Page 2 of 7 SECTION 3. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, 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 __________ 2020, 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 _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 7 Exhibit A Page 5 of 7 Page 6 of 7 Page 7 of 7 PLANNING COMMISSION FINAL REPORT Case No. 0420-01 INFOR No. 20ZN1009 Planning Commission Hearing Date: April 15, 2020 Applicant & Legal Description Owner: Mostaghasi Enterprises, Inc. Applicant: Urban Engineering Location Address: 8102 Yorktown Boulevard Legal Description: Being 26.62 acre tract, being out of Lots 2, 4, and 5, and 3.67 acres out of Lot 5, Section 34, Flour Bluff Encinal Farm and Garden Tracts, located along the north side of Yorktown Boulevard, east of Starry Road, and west of Roscher Road Zoning Request From: “FR” Farm Rural District To: “RS-6” Single-Family 6 District and “CG-2” General Commercial District Area: 30.28 acres Purpose of Request: To allow for the construction of single-family homes and commercial properties. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “FR” Farm Rural Vacant Medium Density Residential North “FR” Farm Rural Vacant Medium Density Residential South “FR” Farm Rural Vacant Medium Density Residential East “FR” Farm Rural Vacant Medium Density Residential West “RS-4.5” Single-Family 4.5 and “CG-2” General Commercial Vacant Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for Medium Density Residential uses. The proposed rezoning to the “RS-6” Single-Family 6 District and “CG-2” General Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). An amendment to the Future Land Use Map will be warranted for the commercial portion of the proposed rezoning. Map No.: 040029 City Council District: 5 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 400 feet of street frontage along Yorktown Boulevard which is designated as a “A3” Primary Arterial Street. According to the Urban Transportation Plan, “A3” Primary Arterial Streets can convey a capacity between 30,000 and 48,000 Average Daily Trips (ADT). Bisecting the subject property is a planned extension of Oso Parkway. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Yorktown Boulevard “A3” Primary Arterial 130’ ROW 79’ paved 166’ ROW 90’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “FR” Farm Rural District to the “RS-6” Single-Family 6 District and “CG-2” General Commercial District to allow for the construction of a single-family residential subdivision and commercial development. Development Plan: The subject property is 30.28 acres in size. The applicant has not submitted any specific plans concerning the development. Existing Land Uses & Zoning: The subject property is currently zoned “FR” Farm Rural District, consists of vacant property, and has remained since annexation in 1995. To the north, south, and east are vacant properties zoned “FR” Farm Rural District. To the west are vacant properties zoned “RS-4.5” Single-Family 4.5 District and “CG-2” General Commercial District. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12-inch C900 line located along Yorktown Boulevard. Wastewater: 12-inch PVC FM line located along Yorktown Boulevard. Gas: 8-inch Service Line located along Yorktown Boulevard. Storm Water: Roadside ditches located along Yorktown Boulevard. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the “RS-6” Single-Family 6 District and “CG-2” General Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). Staff Report Page 3 • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties. • Adjacent properties to the west were rezoned in 2014 to the “RS-6” Single-Family 6 District and “CG-2” General Commercial District. • The property is not located at an intersection. However, the subject property is located on a major arterial road and is an equal distance between major arterial roads such as South Staples Street, Cimarron Boulevard, and Rodd Field Road Planning Commission and Staff Recommendation (April 15, 2020): Approval of the change of zoning from the “FR” Farm Rural District to the “RS-6” Single- Family 6 District and “CG-2” General Commercial District. Public Notification Number of Notices Mailed – 6 within 200-foot notification area 5 outside notification area As of April 10, 2020: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 0 inside notification area – 1 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0420-01 Mostaghasi Enterprises, Inc/Council Documents/Report - Mostaghasi Enterprises, Inc.docx Staff Report Page 4 Staff Report Page 5 Mostaghasi Enterprises, Inc. Rezoning for a Property at 8102 Yorktown Boulevard From “FR” To “RS-6” and “CG-2” Zoning Case #0420-01 N City Council June 9, 2020 2 Aerial Overview 3 Zoning Pattern 4 Approval of the “RS-6” Single-Family 6 District and “CG-2” General Commercial District Planning Commission and Staff Recommendation 5 Transportation Plan 6 Public Notification 6 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 7 UDC Requirements Buffer Yards: RS-6 to CG-2: Type C: 15’ & 15-pts. Setbacks:RS-6 CG-2 Street: 20 feet 20 feet Side & Rear: 5 feet 0 feet Parking: 2 per unit (Residential) 1:250 (Commercial) Landscaping, Screening, and Lighting Standards Uses Allowed: Uses Allowed: Multifamily, Offices, Medical, Restaurants, Retail, Bars, and Hotels. 8 Utilities Water: 12-inch C900 Wastewater: 12-inch PVC Gas: 8-inch service line Storm Water: Roadside – Yorktown Blvd. DATE: April 28, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0420-02, Branch Towers III, LLC: Ordinance rezoning property at or near 4701 Ayers Street from the “IL” Light Industrial District to the “IL/SP” Light Industrial District with a Special Permit. SUMMARY: The purpose of the zoning request is to allow for the construction of a 120-foot monopole cell tower. BACKGROUND AND FINDINGS: The subject property is 0.43 acres in size. The applicant is proposing a 120’ monopole wireless communications tower that will be designed to withstand a sustained wind speed of 130 mph. Conformity to City Policy The subject property is located within the boundaries of the Midtown Area Development Plan and is planned for commercial uses. The proposed rezoning to the “IL/SP” Light Industrial District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties. The Unified Development Code (UDC) requires that all telecommunication towers be located at least one-and-a-half times their height to any residential structure or state right-of-way. The proposed tower does not meet the minimum distance requirements to a state right-of-way. However, the UDC does provide an exemption to this requirement if the tower is designed to withsta nd a wind speed of 130 mph. The proposed tower will be engineered to meet the required windspeed to obtain the exemption. Public Input Process Number of Notices Mailed 8 within 200-foot notification area 5 outside notification area Rezoning a property at or near 4701 Ayers Street AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 06/09/20 Second Reading Ordinance for the City Council Meeting 06/16/20 As of April 10, 2020: In Favor 0 inside notification area 0 outside notification area In Opposition 0 inside notification area 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “IL” Light Industrial District to the “IL/SP” Light Industrial District with a Special Permit on April 15, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the “IL” Light Industrial District to the “IL/SP” Light Industrial District with a Special Permit. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “IL” Light Industrial District to the “IL/SP” Light Industrial District with a Special Permit with following vote count. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0420-02, Branch Towers III, LLC. (District 3). Ordinance rezoning property at or near 4701 Ayers Street from the “IL” Light Industrial District to the “IL/SP” Light Industrial District with a Special Permit. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being 0.43 acres out of Lots 1-A, Block 2, Behmann Subdivision as shown in Exhibit “A”: from the “IL” Light Industrial District to the “IL/SP” Light Industrial District with a Special Permit. The subject property is located at or near 4701 Ayers Street. Exhibit A, which is the Metes and Bounds of the subject property with an associated map, is attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1.Use: The only use permitted under this Special Permit, other than those permitted by right in the “IL” Light Industrial District, is a wireless telecommunication facility of 120- feet in height and shall be designed to withstand a sustained wind speed of 130 mph. Page 2 of 7 2. Access: Access and placement shall be as per the site plan. 3. Telecommunications Tower Standards: The wireless communication tower is subject to all requirements of Section 5.5 of the Unified Development Code (UDC). These standards pertain to setbacks, screening, landscaping, and lighting. 4. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 5. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 3 of 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, 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 __________ 2020, 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 _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 7 Exhibit A Page 5 of 7 Page 6 of 7 Page 7 of 7 PLANNING COMMISSION FINAL REPORT Case No. 0420-02 INFOR No. 20ZN1010 Planning Commission Hearing Date: April 15, 2020 Applicant & Legal Description Owner: Supertex Properties, LP. Applicant: Branch Towers III. LLC. Location Address: 4701 Ayers Street Legal Description: Being 0.43 acres out of Lots 1-A, Block 2, Behmann Subdivision, located along the west side of Ayers Street, south of Gollihar Road, and north of McArdle Road. Zoning Request From: “IL” Light Industrial District To: “IL/SP” Light Industrial District with a Special Permit Area: 0.43 acres Purpose of Request: To allow for the construction of a 120-foot monopole cell tower. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “IL” Light Industrial Commercial Commercial North “IL” Light Industrial Commercial Commercial South “IL” Light Industrial Commercial Commercial East “IL” Light Industrial Commercial Commercial West “IL” Light Industrial Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Midtown Area Development Plan and is planned for commercial uses. The proposed rezoning to the “IL/SP” Light Industrial District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 047039 City Council District: 3 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 30 feet of street frontage along Ayers Street which is designated as a “A1” Minor Arterial Street. According to the Urban Transportation Plan, “A1” Minor Arterial Streets can convey a capacity between 15,000 to 24,000 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Ayers Street “A1” Minor Arterial 95’ ROW 64’ paved 109’ ROW 55’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “IL” Light Industrial District to the “IL/SP” Light Industrial District with a Special Permit to allow for the construction of a 120-foot monopole cell tower. Development Plan: The subject property is 0.43 acres in size. The applicant is proposing a 120’ monopole wireless communications tower. Existing Land Uses & Zoning: The subject property is currently zoned “IL” Light Industrial District and consists of a portion of a parking lot for an existing shopping center constructed in 1979. To the north is an office park and vacant lot zoned “IL” Light Industrial District. To the south is a vehicle sales dealership zoned “IL” Light Industrial District. To the east and west is Ayers Street and State Highway 286 (Crosstown Expressway) respectively. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 8-inch CIP line located along Ayers Street. Wastewater: 12-inch PVC line located along Ayers Street. Gas: 2-inch line located along Ayers Street. Storm Water: Roadside ditches located along Ayers Street. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Midtown Area Development Plan and is planned for commercial uses. The proposed rezoning to the “IL/SP” Light Industrial District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). Unified Development Code (UDC): Wireless Telecommunication facilities are subject to regulation as follows: Staff Report Page 3 • Wireless Telecommunication facilities are regulated by UDC Section 5.5. • Wireless Telecommunication facilities in excess of 85’ are permitted in nonresidential zoning districts as indicated in UDC Table 5.5.4.F. with a Special Permit. • Wireless telecommunication facilities shall be set back a minimum of one and a half times the height of the tower from the public right-of- way of all federal and state highways and any arterial street. • Wireless telecommunication facilities adjacent to residential dwellings shall be a minimum of one and a half times the height of the tower from any residential dwelling. Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties. • The proposed wireless telecommunication facility will increase capacity in an area where it is needed to prevent a degradation of services. • Construction of the wireless telecommunication facility will increase coverage in areas that are currently underserved. • The proposed tower does not meet the minimum required setback to a state right-of- way as per Section 5.5.3.E.2. of the UDC. However, the proposed tower will be designed to withstand a wind speed of at least 130 mph and therefore qualify for a variance according to Section 5.5.3.E.5. of the UDC. Planning Commission and Staff Recommendation (April 15, 2020): Approval of the change of zoning from the “IL” Light Industrial District to the “IL/SP” Light Industrial District with a Special Permit with the following conditions: 1. Use: The only use permitted under this Special Permit, other than those permitted by right in the “IL” Light Industrial District, is a wireless telecommunication facility of 120- feet in height and shall be designed to withstand a sustained wind speed of 130 mph. 2. Access: Access and placement shall be as per the site plan. 3. Telecommunications Tower Standards: The wireless communication tower is subject to all requirements of Section 5.5 of the Unified Development Code (UDC). These standards pertain to setbacks, screening, landscaping, and lighting. 4. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 5. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Staff Report Page 4 Public Notification Number of Notices Mailed – 8 within 200-foot notification area 5 outside notification area As of April 10, 2020: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 0 inside notification area – 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Proposed Site Plan C. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0420-02 Branch Towers III, LLC/Council Documents/Report - Branch Towers III, LLC.docx Staff Report Page 5 Staff Report Page 6 Branch Towers III, LLC. Rezoning for a Property at 4701 Ayers Street From “IL” To “IL/SP” Zoning Case #0420-02 N City Council June 9, 2020 2 Aerial Overview 3 Zoning Pattern 4 Approval of the “IL/SP” Light Industrial District with a Special Permit Planning Commission and Staff Recommendation 5 Special Permit Conditions 1.Use: The only use permitted under this Special Permit, other than those permitted by right in the “IL” Light Industrial District, is a wireless telecommunication facility of 120- feet in height and shall be designed to withstand a sustained wind speed of 130 mph. 2.Access: Access and placement shall be as per the site plan setback. 3.Telecommunications Tower Standards: The wireless communication tower is subject to all requirements of Section 5.5 of the Unified Development Code (UDC). These standards pertain to setbacks, screening, landscaping, and lighting. 4.Other Requirements:The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 5.Time Limit:In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 6 Site Plan 7 Coverage Map Existing Coverage Projected Coverage 8 Public Notification 8 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 9 UDC Requirements Buffer Yards: N/A Setbacks: N/A Parking: N/A Uses Allowed: Light Industrial, Retail, Offices, Vehicle Sales, Bars, and Storage. 10 Utilities Water: 8-inch CIP Wastewater: 12-inch PVC Gas: 2-inch Line Storm Water: Roadside –Ayers St. DATE: April 28, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director of Development Services alraymond@cctexas.com (361) 826-3275 CAPTION: Ordinance closing, abandoning and vacating an unimproved 1.8-acre portion of Starry Road out of Flour Bluff and Encinal Farm and Garden Tracts for development of a new subdivision. SUMMARY: The purpose of this ordinance is to close, abandon, and vacate a 78,400 square foot unimproved portion of a 40-foot wide unimproved public street as shown on the recorded plat of Lot 2A and 2B, Block 2, Lots 25, 26 and 27, Section 25 and Lots 6, 7 and 8, Section 24 all out of Flour Bluff and Encinal Farm and Garden Tracts, of the Map Records of Nueces County, Texas. BACKGROUND AND FINDINGS: MPM Development, LP is requesting the closure, vacation, and abandonment of a 78,400 square foot portion of an unimproved public street, which is a 40-foot wide by approximately 1,960-foot long. The paper street is identified as Starry Road located between Krypton Drive and Ames Street alignments. The Developer is proposing a new subdivision called Starlight Estates Unit 5 and the location of the unimproved street conflicts with the current design of the planned residential subdivision. The unimproved street does not meet the current subdivision street width requirements and the closure of this street will not impact vehicle or pedestrian traffic within the subdivision. If closed t he street would be owned by MPM Development, LP. The Developer owns all properties that currently have access through this new subdivision. This request has been processed in accordance with Section 49-12(c) of the City Code of Ordinances. The required public notice for the proposed street closure were mailed via letter mail with the U.S. Postal Service on May 28, 2020 and published in the Caller Times on May 24, 2020. The notices were sent to 20 property owners who are within 450 feet of the proposed street closure. ALTERNATIVES: Denying the request to close the street will require the developer to replat the subdivision to incorporate the street into the design plans. This may cause the developer to lose buildable lots Starry Road Street Closure AGENDA MEMORANDUM Public Hearing/First Reading Ordinance for the City Council Meeting of June 9, 2020 Second Reading Ordinance for the City Council Meeting of June 16, 2020 and may make the project cost prohibitive. FISCAL IMPACT: There are no financial impacts associated with the closing of the paper street. Unimproved streets have no value assessed per Section 49-12 of the City Code of Ordinances. RECOMMENDATION: Staff supports the applicant’s request for the street closure. The closure of the street will support the growth of the community. LIST OF SUPPORTING DOCUMENTS: Ordinance (with Exhibit) PowerPoint Presentation Location Map Ordinance closing, abandoning and vacating an unimproved 1.8-acre portion of Starry Road out of Flour Bluff and Encinal Farm and Garden Tracts for development of a new subdivision. WHEREAS, MPM Development, LP (Owner) is requesting the closure, abandonment and vacation of the Starry Road as shown on the recorded plat of Lots 25, 26 and 27, Section 25 and Lots 6, 7 and 8, Section 24 all out of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, page 41- 43, of the Map Records of Nueces County, Texas. WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, June 9, 2020 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 40-foot-wide unimproved street as shown on the recorded plat of Lots 25, 26 and 27, Section 25 and Lots 6, 7 and 8, Section 24 all out of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, page 41-43, of the said map Records, 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 MPM Development LP, the 1.800 acre, 40- foot-wide unimproved street as shown on the recorded plat of Lots 25, 26 and 27, Section 25 and Lots 6, 7 and 8, Section 24 all out of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, page 41-43, of the Map Records of Nueces County, Texas, of the said map, 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 street 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. b.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 , 2020, 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 2020, 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 , 2020. ATTEST: ____________________ _____________________ Rebecca Huerta Joe McComb City Secretary Mayor 21 13 9 39 1 23 0 38 27 0 58 24 8 5 6 47 11 50 37 25 28 32 16 55 4214 54 3115 51 1222 2040 10 33 48 41 5736 45 43 17 56 3 44 2 34 26 52 29 4946 35 19 47 30 18 53 STARRY STAMPEDE KRYPTONIRON MANAMESTAYLANPRAX MORGANSALAISYORKTOWN BLVD GLENOAK DRRAMFIELD RD WALDRON RDYORKTOWN CIMARRON BLVDRODD FIELD RDWOOLDRIDGE RD YORKTOWN CIMARRON BLVDFM 2444GLENOAK DR µ 0 1,000500Feet LOCATION MAP Date Created: 4/1/2020Prepared By: ReyRDepartment of Development Services SUBJECTSTREET CLOSURENotice Area Road Closure - 1.800 Acres Subject Street Closurewith 450' buffer Owners within 450' listed onattached ownership table4 Starry RoadStreet ClosureCity CouncilJune 9, 2020 2Vicinity MapStarry Road 3Aerial Overview40’ 4ApprovalRecommendationThe applicant requesting the street closure has paidthe required $530.00 application fee and the streetclosure request has been processed in accordancewith Section 49‐12 of the City Code of Ordinances. DATE: May 5, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police Mikema@cctexas.com 886-2603 CAPTION: Ordinance accepting a grant in the amount of $228,129.00 from the State of Texas Governor’s Homeland Security Grants Division for Operation Stonegarden for border security; and appropriating $228,129.00 in the Police Grants Fund. SUMMARY: This item is to accept funding available from the State of Texas Governor’s Homeland Security Grants Division for Operation Stonegarden to aid in enforcement activities along known trafficking corridors within the City. BACKGROUND AND FINDINGS: The City of Corpus Christi was identified as an integral part of the U.S. Border Patrol’s strategy to enhance cooperation and coordination among all agencies in a joint mission to secure the United States borders. Approved funding will be used to enhance enforcement efforts along routes of ingress and coastal wa terways by improving enforcement, improved rapid mobility and intelligence. The Corpus Christi Police Department will enhance enforcement in conjunction with federal, state, and local partners along SH 44, SH 77, SH 181 and along routes of the coastal waterways surrounding the City of Corpus Christi including the Padre Island National Seashore. In addition, the Corpus Christi Police Department will participate in at least one major multiagency interdiction effort. The Police Department will utilize the funding to conduct overtime operations designed to reduce border-security risk. Tactical operations will conduct approximately 4,333 hours of overtime. The grant will pay for overtime and fringe benefits. The grant period is from April 1, 2020 – February 28, 2021. This is Year 9 of the grant. Acceptance of a Grant for the Operation Stonegarden Program AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 9, 2020 Second Reading Ordinance for the City Council Meeting of June 16, 2020 ALTERNATIVES: Not accept the grant thereby providing for less overtime towards border security and in turn combat drug and human trafficking. FISCAL IMPACT: The fiscal impact for FY20 is accepting funds and appropriating $228,129.00 to the Police Grants Fund. Funding Detail: Fund: Police Grants Fund 1061 Organization/Activity: 822718F Mission Element: 151 Project # (CIP Only): RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance accepting a grant in the amount of $228,129.00 from the State of Texas Governor’s Homeland Security Grants Division for Operation Stonegarden for border security; and appropriating $228,129.00 in the 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 $228,129 from the State of Texas Governor’s Homeland Security Grants Division for funding eligible under the FY2019 Department of Homeland Security Grant Program Operation Stonegarden 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. SECTION 2. In the event of loss or misuse of the Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the Office of the Governor in full. SECTION 3. The City Manager or designee is authorized to apply for, accept, reject, alter or terminate the grant. SECTION 4. That $228,129 is appropriated in the No. 1061 Police Grants Fund. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, 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 f inally on this the _____ day of __________ 2020, 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 _________________, 2020. ATTEST: _________________________ ________________________ Rebecca L. Huerta Joe McComb City Secretary Mayor DATE: May 7, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com (361) 886-2603 CAPTION: Ordinance authorizing the acceptance of a grant from the Office of the Attorney General - Office of Juvenile Justice and Delinquency Prevention for the Internet Crimes Against Children (ICAC) Task Force program, in the amount of $10,000.00 to purchase equipment and supplies for the ICAC program within the Police Department; and appropriating the $10,000.00 in the Police Grants Fund. SUMMARY: Funding is available from the Office of the Attorney General - Office of Juvenile Justice and Delinquency Prevention to purchase equipment and supplies to assist the ICAC Task Force with investigations of internet crimes against children. BACKGROUND AND FINDINGS: The Office of Juvenile Justice and Delinquency Prevention - Internet Crimes against Children Task Force program has awarded a grant to the Corpus Christi Police Department to support activities of the Internet Crimes Against Children Task Force (ICAC) program. The ICAC task force is continuously engaged in proactive and reactive investigations and prosecutions of persons involved in child abuse and exploitation involving the Internet. The Police Department has been a member of the ICAC since 2003. The funds are made available to the City by virtue of being a member of the Task Force. Items/equipment to be purchased are listed below: Acceptance of a grant to support activities for the Internet Crimes Against Children Task Force Program AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting June 9, 2020 Second Reading Ordinance for the City Council Meeting June 16, 2020 ITEM Quantity Requested Cost Per Unit Cost Request LG 4K Computer Monitors 4 $429.00 $1,716.00 WD 1TB Internal 2.5" HDD 6 $69.00 $414.00 Seagate 5TB External HDD 6 $112.00 $672.00 CyberPower UPS Backup 5 $155.00 $775.00 Seagate 4TB Internal 3.5" HDD 4 $79.00 $316.00 Patriot 128GB Flash Drive 1 $33.00 $33.00 Passware Kit Forensic Renewal 3 $545.00 $1,635.00 X-Ways Forensics (BYOD) Renewal 1 $1,069.00 $1,069.00 Parallels Mac Virtualization Software 1 $100.00 $100.00 BlackBag BlackLight Renewal 2 $995.00 $1,990.00 BlackBag MacQuisition Renewal 2 $640.00 $1,280.00 TOTAL $10,000.00 ALTERNATIVES: Not accept the grant which means less funding available for the investigation of internet crimes against children. FISCAL IMPACT: There is not a match required by the City. The $10,000 grant will be appropriated to the Police Grants Funds and are available from May 1, 2020 through August 31, 2020. Funding Detail: Fund: 1061 Police Grants Organization/Activity: Mission Element: 052 Investigate Crime Project # (CIP Only): Account: 520090 Minor Tools and Equipment RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award document Ordinance authorizing the acceptance of a grant from the Office of the Attorney General-Office of Juvenile Justice and Delinquency Prevention for the Internet Crimes Against Children (ICAC) Task Force program, in the amount of $10,000.00 to purchase equipment and supplies for the ICAC program within the Police Department; and appropriating the $10,000.00 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Office the Attorney General for the Internet Crimes Against Children (ICAC) Task Force program in the amount of $10,000.00 to purchase equipment and supplies for the ICAC program within the Police Department. SECTION 2. That $10,000.00 is appropriated from the Attorney General for Internet Crimes Against Children (ICAC) Task Force Program in the No. 1061 Police Grants Fund to purchase equipment and supplies for the ICAC program 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 ___________, 2020, 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 __________ 2020, 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 _________________, 2020. ATTEST: _________________________ ________________________ Rebecca L. Huerta Joe McComb City Secretary Mayor RE: FY 2020 Internet Crimes Against Children (ICAC) Sub-Recipient Grant Contract _____________________________________________________________________________________ Contract Number: Grantee: Amount: Executed: Term: May 1, 2020 – August 31, 2020 Budget Coding: ORG PCA Agy Obj 885 15800 2005965 $10,000.00 Corpus Christi Police Department 7611 ICAC Subrecipient Grant Contract Page 1 of 19 GRANT CONTRACT OAG Contract No. This grant contract is executed between the Office of the Attorney General (OAG) and __________________________________________________________________ (GRANTEE) for certain grant funds. The OAG and GRANTEE may be referred to in this contract individually as “Party” or collectively as “Parties.” SECTION 1. PURPOSE OF THE CONTRACT The Internet Crimes Against Children (ICAC) Task Force Program, United States Department of Justice, Office of Justice Programs (OJP), Office of Juvenile Justice and Delinquency Prevention, seeks to maintain and expand State and regional ICAC task forces to address technology-facilitated child exploitation. These task forces work collaboratively as a national network of law enforcement and prosecutorial agencies that prevent, interdict, and investigate Internet crimes against children. The program requires existing task forces to develop multi-jurisdictional, multi- agency responses to such offenses by providing funding and other support to State and local law enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and equipment. The OAG, as the regional contact for the task force known as “Texas, Southern ICAC Task Force”, (hereinafter the “OAG ICAC Task Force”) receives funding from the OJP to provide grants to local law enforcement agencies that are affiliates of the task force in order to address technology-facilitated child exploitation. Pursuant to the terms of a Memorandum of Understanding (MOU) between the parties, the GRANTEE became a member of the OAG ICAC Task Force. The purpose of this contract is to provide reasonable contractual controls to ensure that the public purposes of the grant provided to GRANTEE are achieved. SECTION 2 TERM OF THE CONTRACT This contract shall begin on May 1, 2020 and shall terminate August 31, 2020, unless it is terminated earlier or extended in accordance with another provision of this contract. The OAG is not obligated to reimburse expenses that were incurred prior to the commencement or after the termination of this contract. SECTION 3 GRANTEE’S CONTRACTUAL SERVICES 3.1 GRANTEE’s Compliance with the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Cooperative Agreement for Award Number 2018-MC-FX-K065. The GRANTEE will comply with all terms and conditions as set forth and required in the Cooperative Agreement between the OAG and the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Award Number 2018-MC-FX-K065, (OAG Award Document) and as attached hereto as Exhibit C and Corpus Christi Police Department 2005965 ICAC Subrecipient Grant Contract Page 2 of 19 incorporated by reference, as well as the applicable provisions of the OAG ICAC Grant Application or OAG Award Document as supplemented, amended or adjusted. Specifically, Grantee’s compliance with the applicable “Special Conditions” identified in the OAG Award Document are a material requirement of the grant award made hereunder. Failure to comply with any one or more of the Special Conditions, whether a condition set out in full below, a condition incorporated by reference herein, or a certification or assurance related to conduct during the award period, may result in the OAG and/or to the extent federal funds are expended in this grant, the Office of Justice Programs ("OJP") in taking appropriate action which may include but is not limited to OAG and/or OJP withholding award funds, disallowing costs, or suspending or terminating the grant award. Additionally, the GRANTEE shall comply with all terms and conditions as set forth and required in the Memorandum of Understanding between the OAG and GRANTEE, OAG Contract Number ___________________ (the “Task Force MOU”) attached hereto as Exhibit “D” and incorporated herein by reference. 3.2 Establishment of Final Project Budget; Grant Project Narrative; Special Conditions. The GRANTEE’s budget is attached as Exhibit A. The GRANTEE’s Project Narrative is as follows: The Special Conditions, including the OAG Award Document, are attached as Exhibit B. The OAG, at its sole discretion, will establish the final project targets, outputs, and outcomes. In addition, the OAG, at its sole discretion, may adjust GRANTEE’s budget, targets, outputs, outcomes and/or any other items as deemed appropriate by the OAG, at any time, during the term of this contract. The OAG, at its sole discretion, may supplement, amend or adjust the Special Conditions attached to this contract. SECTION 4 REQUIRED REPORTS 4.1 General Matters 4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to the OAG the applicable reports on forms as specified by the OAG. GRANTEE shall ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional information from GRANTEE. 4.1.2 Cooperation; Additional Information; Immediate Notification and Correction and Inaccuracies. GRANTEE shall cooperate fully with the OAG. In addition to the information 1991546-01 To support certain Internet Crimes Against Children (ICAC) supplies and other direct operating costs. ICAC Subrecipient Grant Contract Page 3 of 19 contained in the required reports, other information may be required as requested by the OAG. GRANTEE will immediately notify the OAG in the event GRANTEE discovers that any previously submitted information was inaccurate and forward the co rrection information to the OAG. 4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant Contact. GRANTEE shall submit within ten (10) business days, notice to the OAG of any change of the following: GRANTEE’s name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly notify the OAG, preferably in advance, of a change in address or main telephone number of GRANTEE. A change in GRANTEE’s name requires an amendment to the contract. To change an Authorized Official, GRANTEE must submit a written request on GRANTEE’s letterhead, with original signature. GRANTEE, by an email, fax or GRANTEE letterhead signed by the Authorized Official, may request a change to the Grant Contact. 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization including financial and programmatic policies and procedures. Such fiscal and programmatic management shall include accountability for all funds and materials received from the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop, implement, and maintain appropriate financial management and control systems, which include budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; allocation of costs; and timely and appropriate audits and resolution of any findings and applicable annual financial statements. 4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records required to be kept confidential by applicable federal and state law, rules and regulations. This provision shall not be construed as limiting the OAG’s access to such records and other information. 4.2 Programmatic Reports 4.2.1 ICAC Semi-Annual Statistical (Performance) Reports, including Outcome Measure Reports. GRANTEE will support the OAG in its progress reporting requirements, including the reporting requirements of outcome measures. The OAG is required to report, within 30 days after ICAC Subrecipient Grant Contract Page 4 of 19 the end of the reporting periods, certain outcome measures. The semi-annual reporting periods end on the last day of June and December each year. The OAG will establish deadlines for the GRANTEE to meet its requirement to report to the OAG. Contents of Semi-Annual Statistical Reports. GRANTEE shall report data to the OAG on the following outcome measures on the reporting deadlines established by OAG: a. Number of CyberTipLine referrals received and investigated; b. Number of indictments obtained on CyberTipLine referrals; c. Number of convictions obtained on CyberTipLine referrals; d. Number of online solicitation of a minor (or its equivalent) arrests; e. Number of online solicitation of a minor (or its equivalent) indictments obtained; f. Number of online solicitation of a minor (or its equivalent) convictions obtained; g. Total number of ICAC-related arrests during reporting period; h. Number of partner agencies that sign memorandum certifying compliance with ICAC program guidelines; i. Number of investigative technical assistance sessions that ICAC task force provides to non-member law enforcement agencies; j. Number of computer forensic technical assistance examinations that ICAC task forces provide to non-member law enforcement agencies; k. Percent increase in arrests related to technology-facilitated child sexual exploitation and Internet Crimes Against Children; l. Percent increase in computer forensic examinations completed by ICAC task forces; and m. Percent increase in investigative technical assistance sessions provided by ICAC task forces to non-member law enforcement agencies. 4.2.2 ICAC Task Force Program Monthly Performance Measures. GRANTEE will support the OAG in its reporting requirements of the ICAC Task Force Program Monthly Performance Measures. The OAG will establish the GRANTEE’s monthly reporting deadlines. The Performance Measures shall contain, at a minimum, the following additional supporting data elements: a. Complaints; b. Case Information; c. Goals; d. Court Actions; e. Technical Assists; f. Training; and g. Community Outreach Presentations. 4.2.3 ICAC Annual Reports. GRANTEE will support the OAG in its annual reporting requirements of the following measures: ICAC Subrecipient Grant Contract Page 5 of 19 a. Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. b. Investigation and prosecution performance measures of the task force, including: 1. the number of investigations initiated related to Internet Crimes Against Children; 2. the number of arrests related to Internet Crimes Against Children; and 3. the number of prosecutions for Internet Crimes Against Children, including- i. whether the prosecution resulted in a conviction for such crime; and ii. the sentence and the statutory maximum for such crime under State law. c. The number of referrals made by the task force to the United States Attorney’s Office, including whether the referral was accepted by the United States Attorney. d. Statistics that account for the disposition of investigations that do not result in arrests or prosecutions, such as referrals to other law enforcement. e. The number of investigative technical assistance sessions that the task force provided to non-member law enforcement agencies. f. The number of computer forensic examinations that the task force completed. g. The number of law enforcement agencies participating in Internet Crimes Against Children program standards established by the task force. 4.2.4 Written Explanation of Variance. GRANTEE is required to provide a written explanation to the OAG for any variances by GRANTEE from the projected performance required by this contract or the Task Force MOU. In addition to the written explanation, GRANTEE shall promptly answer any questions of the OAG, whether in writing or otherwise, in connection with the reports presented to the OAG. 4.2.5 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE, which may be conducted by the OAG or its designees. GRANTEE also shall make available at reasonable times and for reasonable periods programmatic or financial records, books, reports, and supporting documents for reviewing and copyin g by the OAG or its designees. ICAC Subrecipient Grant Contract Page 6 of 19 4.3 Financial Matters 4.3.1 Grant Budgets. With regard to the use of funds pursuant to this contract, GRANTEE will immediately review the annual budget as established in this contract. 4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are paid on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for reimbursement (also referred to as “financial status report”) for the actual and allowable allocable costs incurred by GRANTEE for project costs to provide services under this contract. The payments made to GRANTEE shall not exceed its actual and allowable allocable costs to provide the services under this contract. The request for reimbursement/financial status report will be submitted to the OAG in the form and manner as approved by the OAG and will specify the detailed and total expenses for the month, in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. The request for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require di fferent or additional supporting documentation. A request for reimbursement/financial status report is required each month, whether GRANTEE has paid expenses, or is seeking reimbursement. 4.3.3 Fiscal Year End Required Reports. GRANTEE shall submit the following two reports the OAG on or before October 14, 202 or a date otherwise established by the OAG: Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. Equipment Inventory Report. To the extent the purchase of equipment is authorized under this grant and GRANTEE purchases equipment is purchased with grant funds. GRANTEE will submit an Equipment Inventory Report which provides a record of the current inventory of items purchased, disposed of, replaced or transferred for any equipment that was purchased with grant funds. 4.3.4 Timing of Submission of Request for Reimbursement to the OAG; Close Out Invoice. GRANTEE is responsible for submitting bills in an accurate and timely manner, and shall make every reasonable effort to submit monthly billings to the OAG, which cover the previous month’s expenses, so that they are received by the OAG on or before the twentieth (20th) of each month, or if the 20th falls on a weekend or holiday, the next business day. The OAG will make all reasonable efforts to promptly process and make payments on properly completed billings. GRANTEE may submit a final invoice to be received by the OAG not later than forty-five (45) calendar days after termination of this contract. ICAC Subrecipient Grant Contract Page 7 of 19 4.3.5 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs incurred and paid by GRANTEE during the term of this contract. The OAG shall only reimburse GRANTEE for employee costs that are directly related to performing the responsibilities of this contract. 4.3.6 Refunds and Deductions. If the OAG determines that GRANTEE has been overpaid grant funds under this contract, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount of the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and deduct the amount of the overpayment from any amount owed to GRANTEE, as a reimbursement, but not yet paid by the OAG to GRANTEE. The OAG may choose to require a payment directly from GRANTEE rather than offset and deduct a specified amount. GRANTEE shall refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specified by the OAG. 4.3.7 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment which shall be available to the OAG at all times upon request; however, a title for equipment will remain with Grantee. GRANTEE will maintain, repair, and protect all equipment purchased in whole or i n part with grant funds so as to ensure the full availability and usefulness of such equipment. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this contract, it shall use the proceeds to repair or replace said equipment. 4.3.8 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. SECTION 5 OBLIGATIONS OF OAG 5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this contract. 5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the attached Exhibit A. Any change to the maximum liability must be supported by a written amendment to this contract. ICAC Subrecipient Grant Contract Page 8 of 19 5.3 Reimbursement of Grantee Expenses. The OAG shall be obligated to reimburse GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this contract. The OAG is not obligated to pay unauthorized costs. Prior written approval from the OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to previously un-awarded budget categories, changing funds in any awarded budget category by more than 10% of the annual budget and/or adding new line items to any awarded budget category. 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void unless a written amendment to this contract is first executed. GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability of the OAG in excess of the funds delineated in this contract. 5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the actual receipt by the OAG of grant funds (state and/or federal) appropriated to th e OAG. GRANTEE agrees that the grant funds if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the OAG for the purpose of this contract. GRANTEE agrees that, notwithstanding any other provision of this contract, if the OAG is not appropriated the funds or if the OAG does not receive the appropriated funds for this grant program, or if the funds appropriated to the OAG for this grant program are required by the state to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this contract. SECTION 6 TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this contract without recourse, liability or penalty, upon thirty (30) calendar days notice to the other party. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions and provisions of this contract, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate this contract. 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this contract. Termination of this contract for any reason or expiration of this contract shall not release the Parties from any liability or obligation set forth in this contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination. The following terms and conditions, (in addition to any others that could reasonably be interpreted ICAC Subrecipient Grant Contract Page 9 of 19 to survive but are not specifically identified), survive the termination or expiration of this contract: Sections 4, 5, 7; 11; and 12. SECTION 7 AUDIT RIGHTS; RECORDS RETENTION 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the OAG to verify all reporting measures and requests for reimbursements related to this contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the State Auditor’s Office or other auditors of the State of Texas, the federal government or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this contract. 7.2 Records Retention. GRANTEE shall maintain and retain records for a period of seven (7) years after the contract is completed or expires, or all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the contract are resolved. The records include, but may not be limited to, the contract, any contract solicitation documents, any documents that are necessary to fully disclose the extent of services provided under this contract, any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for all reporting measures and requests for reimbursements. Audit trails maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of its systems. GRANTEE’s automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. 7.4 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and make available all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this contract, compliance with the applicable state or federal laws and regulations, and the operation and management of GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will direct any other entity, person, or contractor receiving fund directly under this contract or through a subcontract under this contract to likewise permit access to, inspection of, and reproduction of all books, records and other relevant information of the entity, person or contractor that pertain to this contract. All records, books, documents, accounting procedures, practices, and any other items, in whatever form, relevant to the performance of this contract shall be subject to examination or audit. Whenever practical as determined at the sole discretion of the OAG, the OAG shall provide GRANTEE with up to five (5) business days advance notice of any such examination or audit. 7.5 State Auditor. In addition to and without limitation on the other audit provisions of this contract, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor’s Office ICAC Subrecipient Grant Contract Page 10 of 19 may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by GRANTEE or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor’s Office, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, GRANTEE or another entity that is the subject of an audit or investigation by the State Auditor’s Office must provide the State Auditor’s Office with access to any information the State Auditor’s Office considers relevant to the investigation or audit. GRANTEE further agrees to cooperate fully with the State Auditor’s Office in the conduct of the audit or investigati on, including providing all records requested. GRANTEE shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through GRANTEE and the requirement to cooperate is included in any subcontract it awards. The State Auditor’s Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of GRANTEE related to this contract. 7.6 Location. Any audit of records shall be conducted at GRANTEE’s principal place of business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office-related equipment and duplicating services as OAG or its designees may reasonably require to perform the audits described in this contract. SECTION 8 SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by GRANTEE. The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet and/or a web-based data collection method. 8.1 Programmatic Reports and Information (excluding Financial Reports). All quarterly statistical reports, annual performance reports, correspondence, reports or notices, except financial reports specified below, must be submitted in the manner directed by the OAG. OAG will provide the required manner of delivery after the grant is awarded. 8.2 Financial Reports (excluding Programmatic Reports and Information). All financial status reports, requests for reimbursement and inventory reports, must be submitted in the manner directed by the OAG. OAG will provide the required manner of delivery after the grant is awarded. ICAC Subrecipient Grant Contract Page 11 of 19 SECTION 9 CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE’s performance under this contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase monitoring visits; require that additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and/or terminate this contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information, may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion, may deny reimbursement requests associated with the expenses incurred during the time GRANTEE was placed on financial hold. 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discreti on, may impose sanctions, including, but not limited to, withholding or suspending funding, offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding, terminate this contract and/or any other appropriate sanction. 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, GRANTEE remains responsible for complying with the contract terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this contract. SECTION 10 GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws, Code of Federal Regulations (CFR), and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws, as well as 2 CFR Part 200, and any other requirements relevant to the performance of GRANTEE under this contract. 10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive orders, regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter, 783, as amended. GRANTEE also agrees to comply with ICAC Subrecipient Grant Contract Page 12 of 19 Uniform Grant Management Standards (UGMS), and any other applicable federal or state grant management standards. 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE. GRANTEE shall also follow OAG fiscal management policies and procedures in processing and submitting requests for reimbursement and maintaining financial records related to this contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given or offered to give, nor does GRANTEE intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this contract or in connection with this contract, except as allowed under relevant state or federal law. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of a personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without an actual, potential or apparent conflict of interest with respect to its performance under this contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to its performance under this contract. 10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this contract and currently is, and will remain, in good standing with all regulatory agencies that regulate any or all aspects of GRANTEE’s business or operations. GRANTEE agrees to remain in good standing with the Texas Secretary of State, Texas Comptroller of Public Accounts and related federal governmental bodies related to GRANTEE’s right to conduct its business in Texas. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state, or federal laws. If GRANTEE is a law enforcement agency regulated by Chapter 1701, Texas Occupations Code, GRANTEE agrees that it is in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. SECTION 11 SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE expressly agrees that it is an independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be considered an OAG employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OAG. ICAC Subrecipient Grant Contract Page 13 of 19 All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of GRANTEE’S contractors shall be considered to be solely the employees or agents of GRANTEE or the contractors. GRANTEE or GRANTEE’S contractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment, workers compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. To the extent allowed by law, GRANTEE or contractors are responsible for all types of claims whatsoever due to the actions or performance under this contract, including, but not limited to, the use of automobiles or other transportation taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties. GRANTEE and/or contractors will indemnify and hold harmless the OAG and/or the State of Texas from and against any and all claims arising out of actions or performance of GRANTEE or GRANTEE’S contractors under this contract. To the extent allowed by law, GRANTEE agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and a ll liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act or omission of GRANTEE, its employees, representatives, agents, or subcontractors in their performance under this contract. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release, public service announcement or public service disclosure relating to this contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from the OAG. This section is not intended to and does not limit GRANTEE’s ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. 11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained under this contract may be used to produce original books, manuals, films, or other original material and intellectual property, GRANTEE may copyright such material subject to the royalty- free, non-exclusive, and irrevocable license which is hereby reserved by the OAG and granted by GRANTEE to the OAG or the state (or federal government, if federal funds are expended in this grant) government. Grantee hereby grants the OAG an unrestricted, royalty-free, non-exclusive, and irrevocable license to use, copy, modify, reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), at no additional cost to the OAG, in any manner the OAG deems appropriate at its sole discretion, any component of such intellectual property made the subject of this contract. Whereas federal funds are expended in this grant, Grantee also hereby grants the Office of Justice Programs (OJP) a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under this contract; and (2) any rights of copyright to which Grantee purchases ownership with grant funds received under this contract. ICAC Subrecipient Grant Contract Page 14 of 19 Grantee acknowledges and agrees that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under this contract and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227- 14 (Rights in Data - General). Grantee has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the Grantee’s obligations to the OAG and OJP under this contract. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the OAG or OJP such rights, Grantee shall promptly bring such refusal to the attention of the OAG Program Manager for the contract and not proceed with the agreement in question without further authorization from the OAG. 11.4 Program Income. Gross income directly generated from the grant funds through a project or activity performed under this contract are considered program income. Unless otherwise required under the terms of this contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG’s reporting instructions. GRANTEE shall expend program income during this contract term; program income not expended in this contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG. GRANTEE may not subcontract or assign any of its rights or duties under this contract without the prior written approval of the OAG. It is within the OAG’s sole discretion to approve any subcontracting or assignment. In the event OAG approves subcontracting or assignment by GRANTEE, GRANTEE will ensure that its contracts with others comply with the provisions of this contract GRANTEE, in subcontracting for any performances specified herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring that all performance is in compliance with this contract and that the OAG shall not be liable in any manner to GRANTEE’s subcontractor(s). 11.8 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have b y operation of law. ICAC Subrecipient Grant Contract Page 15 of 19 11.9 Governing Law; Venue. This contract is made and entered into in the State of Texas. This contract and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit, litigation or other proceeding (collectively “litigation”) arising out of or in any way relating to this contract shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above-named courts, the suit, action or proceeding is brought in an inconvenient forum and/or the venue is improper. 11.11 Catalog of Federal Domestic Assistance Number. The Catalog of Federal Domestic Assistance Number (CFDA) number for the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention program is 16.543, titled “Missing Children’s Assistance.” 11.12 MOU between OAG and GRANTEE. The OAG and GRANTEE will have in place a Memorandum of Understanding that outlines the duties and responsibilities of GRANTEE as a member of the Internet Crimes Against Children Task Force. GRANTEE agrees to comply with the approved Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention ICAC Task Force Operational and Investigative Standards. 11.13 Business with Iran, Sudan, or Terrorist Organizations. GRANTEE hereby represents and warrants that it does not, and shall not for the duration of any resulting contract or purchase order hereunder, engage in any business operations, including but not limited to acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce with Iran, Sudan or a foreign terrorist organization. 11.14 Boycott of Israel. To the extent required by Texas Government Code, section 2270.002, GRANTEE represents and warrants that neither GRANTEE, nor any subcontractor, assignee, or sub-recipient of GRANTEE, currently boycotts Israel, or will boycott Israel during the term of this contract. GRANTEE agrees to take all necessary steps to ensure this certification remains true for any future subcontractor or assignee. For purposes of this provision, “Boycott Israel” shall have the meaning assigned by Texas Government Code, Sec. 808.001(1). 11.15 No Use of Grant Money for Lobbying. GRANTEE shall not use any grant funds provided by OAG to GRANTEE to influence the passage or defeat of any legislative measure or election of any candidate for public office. 11.16 Child Support Obligation Affirmation. Under Section 231.006 of the Texas Family Code, the GRANTEE certifies that the individual or business entity named in this contract is not ICAC Subrecipient Grant Contract Page 16 of 19 ineligible to receive the specified grant, and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 11.17 Texas Public Information Act. Information, documentation, and other material in connection with this contract or the underlying grant may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the "Public Information Act"). In accordance with Section 2252.907 of the Texas Government Code, GRANTEE is required to make any information created or exchanged with OAG, the State of Texas, or any state agency pursuant to the contract, and not otherwise excepted from disclosure under the Tex as Public Information Act, available in a format that is accessible by the public at no additional charge to OAG, the State of Texas, or any state agency. 11.18 Restrictions and Certifications Regarding Non-Disclosure Agreements and Related Matters. In accepting this grant, the GRANTEE: a. represents and warrants that GRANTEE neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict ( or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if GRANTEE learns or GRANTEE is notified that is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the OAG and will resume (or permit resumption of) such obligations only if expressly authorized to do so OAG. SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Construction of Contract. The provisions of Section 1 are intended to be a general introduction to this contract. To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this contract. 12.2 Entire Agreement, including Exhibits. This contract, including all exhibits, reflect the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties relative to such subject matter. By executing this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this contract, including all exhibits. 12.3 Amendment. This contract shall not be modified or amended except in writing, signed by both parties. Any properly executed amendment of this contract shall be binding upon the Parties and presumed to be supported by adequate consideration. ICAC Subrecipient Grant Contract Page 17 of 19 12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. 12.5 Non-waiver. The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this contract. 12.6 Official Capacity. The Parties agree that the signatories hereto are signing, executing and performing this contract only in their official capacity. OFFICE OF THE ATTORNEY GENERAL OF TEXAS ____________________________ ________________________________ Printed Name: _________________ Printed Name: _____________________ Office of the Attorney General Authorized Official Denny Asbury Corpus Christi Police Department ICAC Subrecipient Grant Contract Page 18 of 19 GRANT CONTRACT OAG Contract No. EXHIBIT A Maximum Liability of the OAG. The OAG and GRANTEE agree that the total liability of the OAG to GRANTEE, directly or indirectly, arising out of this contract for reimbursement of all expenses, shall not exceed: _____________________. Subject to the limitations within this contract, the OAG will reimburse GRANTEE for actual allowable and allocable costs paid according to the following amounts and budget categories: Budget Category Amount Personnel $0.00 Fringe Benefits $0.00 Professional & Contractual Services $0.00 Travel Equipment $0.00 Supplies Other Direct Operating Expenses Total $10,000.00 $10,000.00 $3,926.00 $6,074.00 2005965 ICAC Subrecipient Grant Contract Page 19 of 19 GRANT CONTRACT OAG Contract No. EXHIBIT B SPECIAL CONDITIONS Special Conditions are imposed by the OAG at its sole discretion. In addition to the ones identified in this exhibit to this contract, the OAG may, at its sole discretion, impose additional special conditions, with or without notice, without amending this contract. GRANTEE’s signature on this contact will be treated as a signature agreement for each of the twenty-three (23) pages of the Special Conditions, as attached. The Special Conditions that apply to this contract are: Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Special Conditions of the Cooperative Agreement (OAG Award Document), 2018-MC-FX-K065, and any subsequent award document. Seventeen (17) pages. Compliance with the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, as provided in memo to Official Grant File, to Texas Office of the Attorney General and any subsequent award document. One (1) page. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Project Summary (OAG Award Document), 2018-MC-FX- K065. Two (2) pages. Compliance with the Department of Justice, Office of Justice Programs, Office o f Civil Rights, as provided in letter dated September 27, 2019, to Texas Office of the Attorney General and any subsequent award document. One (1) page. Department of Justice, Office of Justice Programs, Assurances – Standard Assurances. Two (2) pages. 2005965 Cooperative Agreement PAGE 1 OF U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) Texas Office of the Attorney General PO Box 12548 Austin, TX 78711-2548 8. SUPPLEMENT NUMBER 01 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD $ 494,811 $ 629,600 11. TOTAL AWARD $ 1,124,411 2a. GRANTEE IRS/VENDOR NO. 2b. GRANTEE DUNS NO. 3. PROJECT TITLE Southern Texas ICAC Task Force Program 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY19(OJJDP - MEC - ICAC Task Force - including prior year) Pub. L. 116-6, 133 Stat. 13, 115; Pub. L. No. 115-141, 132 Stat. 348, 423 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.543 - Missing Children's Assistance 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE Katharine T. Sullivan Principal Deputy Assistant Attorney General AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. FISCAL YEAR FUND CODE BUD. ACT. OFC. DIV. REG. SUB. POMS AMOUNT TMCTGT0277 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Jeffrey C. Mateer First Assistant Attorney General 4. AWARD NUMBER:2018-MC-FX-K065 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 7. ACTION Supplemental 09/27/2019 TO TO 10/01/2018 10/01/2018 09/30/2020 09/30/2020 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL 17 AWARD CONTINUATION SHEET Cooperative Agreement PAGE 2 OF U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD DATE 09/27/2019PROJECT NUMBER 2018-MC-FX-K065 SPECIAL CONDITIONS Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts all such assurances or certifications as if personally executed by the authorized recipient official. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period - - may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The U.S. Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2019 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2019 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2019 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 1. 2. OJP FORM 4000/2 (REV. 4-88) 17 ,QLWLDOBBBBBBBBBBBBB AWARD CONTINUATION SHEET Cooperative Agreement PAGE 3 OF U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD DATE 09/27/2019PROJECT NUMBER 2018-MC-FX-K065 SPECIAL CONDITIONS Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2017, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2017, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 3. 4. 5. 6. OJP FORM 4000/2 (REV. 4-88) 17 ,QLWLDOBBBBBBBBBBBBB AWARD CONTINUATION SHEET Cooperative Agreement PAGE 4 OF U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD DATE 09/27/2019PROJECT NUMBER 2018-MC-FX-K065 SPECIAL CONDITIONS Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 7. 8. OJP FORM 4000/2 (REV. 4-88) 17 ,QLWLDOBBBBBBBBBBBBB AWARD CONTINUATION SHEET Cooperative Agreement PAGE 5 OF U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD DATE 09/27/2019PROJECT NUMBER 2018-MC-FX-K065 SPECIAL CONDITIONS Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or 9. OJP FORM 4000/2 (REV. 4-88) 17 ,QLWLDOBBBBBBBBBBBBB AWARD CONTINUATION SHEET Cooperative Agreement PAGE 6 OF U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD DATE 09/27/2019PROJECT NUMBER 2018-MC-FX-K065 SPECIAL CONDITIONS any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E- Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 10. 11. 12. OJP FORM 4000/2 (REV. 4-88) 17 ,QLWLDOBBBBBBBBBBBBB AWARD CONTINUATION SHEET Cooperative Agreement PAGE 7 OF U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD DATE 09/27/2019PROJECT NUMBER 2018-MC-FX-K065 SPECIAL CONDITIONS Unreasonable restrictions on competition under the award; association with federal government SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. 13. OJP FORM 4000/2 (REV. 4-88) 17 ,QLWLDOBBBBBBBBBBBBB AWARD CONTINUATION SHEET Cooperative Agreement PAGE 8 OF U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD DATE 09/27/2019PROJECT NUMBER 2018-MC-FX-K065 SPECIAL CONDITIONS Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. 14. 15. 16. 17. 18. OJP FORM 4000/2 (REV. 4-88) 17 ,QLWLDOBBBBBBBBBBBBB AWARD CONTINUATION SHEET Cooperative Agreement PAGE 9 OF U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD DATE 09/27/2019PROJECT NUMBER 2018-MC-FX-K065 SPECIAL CONDITIONS Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 19. 20. 21. 22. 23. OJP FORM 4000/2 (REV. 4-88) 17 ,QLWLDOBBBBBBBBBBBBB AWARD CONTINUATION SHEET Cooperative Agreement PAGE 10 OF U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD DATE 09/27/2019PROJECT NUMBER 2018-MC-FX-K065 SPECIAL CONDITIONS Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2019) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2019, are set out at https://ojp.gov/funding/Explore/FY19AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Fraud Detection Office (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 24. 25. 26. OJP FORM 4000/2 (REV. 4-88) 17 ,QLWLDOBBBBBBBBBBBBB AWARD CONTINUATION SHEET Cooperative Agreement PAGE 11 OF U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD DATE 09/27/2019PROJECT NUMBER 2018-MC-FX-K065 SPECIAL CONDITIONS Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 27. OJP FORM 4000/2 (REV. 4-88) 17 ,QLWLDOBBBBBBBBBBBBB AWARD CONTINUATION SHEET Cooperative Agreement PAGE 12 OF U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD DATE 09/27/2019PROJECT NUMBER 2018-MC-FX-K065 SPECIAL CONDITIONS Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. Prior to the expenditure of confidential funds, the recipient and any subrecipients agree to sign a certification that the recipient (or the subrecipient, as applicable) has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures set forth in the DOJ Grants Financial Guide. ICAC Annual Reports The recipient agrees to submit annual reports to OJP that set forth the following: (A) The number of law enforcement agencies participating in Internet crimes against children program standards established by the task force. (B) Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. The recipient agrees to forward reports of ICAC Task Force Program Monthly Performance Measures to the OJJDP- designated site. The recipient agrees to comply with the OJJDP approved ICAC Task Force Operational and Investigative Standards 28. 29. 30. 31. 32. 33. 34. OJP FORM 4000/2 (REV. 4-88) 17 ,QLWLDOBBBBBBBBBBBBB AWARD CONTINUATION SHEET Cooperative Agreement PAGE 13 OF U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD DATE 09/27/2019PROJECT NUMBER 2018-MC-FX-K065 SPECIAL CONDITIONS Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. Copyright; Data rights The recipient acknowledges that OJP reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward (at any tier); and (2) any rights of copyright to which a recipient or subrecipient (at any tier) purchases ownership with Federal support. The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under any such award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data - General). It is the responsibility of the recipient (and of each subrecipient (at any tier), if applicable) to ensure that the provisions of this condition are included in any subaward (at any tier) under this award. The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). The Project Director and key program personnel designated in the application shall be replaced only for compelling reasons. Successors to key personnel must be approved, and such approval is contingent upon submission of appropriate information, including, but not limited to, a resume. OJP will not unreasonably withhold approval. Changes in other program personnel require only notification to OJP and submission of resumes, unless otherwise designated in the award document. 35. 36. 37. 38. OJP FORM 4000/2 (REV. 4-88) 17 ,QLWLDOBBBBBBBBBBBBB AWARD CONTINUATION SHEET Cooperative Agreement PAGE 14 OF U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD DATE 09/27/2019PROJECT NUMBER 2018-MC-FX-K065 SPECIAL CONDITIONS With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. The recipient agrees to submit a final report at the end of this award documenting all relevant project activities during the entire period of support under this award. This report will include detailed information about the project(s) funded, including, but not limited to, information about how the funds were actually used for each purpose area, data to support statements of progress, and data concerning individual results and outcomes of funded projects reflecting project successes and impacts. The final report is due no later than 90 days following the close of this award period or the expiration of any extension periods. This report will be submitted to the Office of Justice Programs, on-line through the Internet at https://grants.ojp.usdoj.gov/. The recipient agrees that it will submit quarterly financial status reports to OJP on-line (at https://grants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form (available for viewing at https://www.gsa.gov/forms-library/federal- financial-report), not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the award period. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end of the reporting periods, which are June 30 and December 31, for the life of the award. These reports will be submitted to the Office of Justice Programs, on-line through the Internet at https://grants.ojp.usdoj.gov/. The Office of Juvenile Justice and Delinquency Prevention has elected to enter into a Cooperative Agreement rather than a grant with the recipient. This decision reflects the mutual interest of the recipient and OJJDP in the operation of the project as well as the anticipated level of Federal involvement in this project. OJJDP's participatory role in the project is as follows: a. Review and approve major work plans, including changes to such plans, and key decisions pertaining to project operations. b. Review and approve major project generated documents and materials used in the provision of project services. Provide guidance in significant project planning meetings, and participate in project sponsored training events or conferences. 39. 40. 41. 42. 43. OJP FORM 4000/2 (REV. 4-88) 17 ,QLWLDOBBBBBBBBBBBBB AWARD CONTINUATION SHEET Cooperative Agreement PAGE 15 OF U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD DATE 09/27/2019PROJECT NUMBER 2018-MC-FX-K065 SPECIAL CONDITIONS Within 45 calendar days after the end of any conference, meeting, retreat, seminar, symposium, training activity, or similar event funded under this award, and the total cost of which exceeds $20,000 in award funds, the recipient must provide the program manager with the following information and itemized costs: 1) name of event; 2) event dates; 3) location of event; 4) number of federal attendees; 5) number of non-federal attendees; 6) costs of event space, including rooms for break-out sessions; 7) costs of audio visual services; 8) other equipment costs (e.g., computer fees, telephone fees); 9) costs of printing and distribution; 10) costs of meals provided during the event; 11) costs of refreshments provided during the event; 12) costs of event planner; 13) costs of event facilitators; and 14) any other costs associated with the event. The recipient must also itemize and report any of the following attendee (including participants, presenters, speakers) costs that are paid or reimbursed with cooperative agreement funds: 1) meals and incidental expenses (M&IE portion of per diem); 2) lodging; 3) transportation to/from event location (e.g., common carrier, Privately Owned Vehicle (POV)); and, 4) local transportation (e.g., rental car, POV) at event location. Note that if any item is paid for with registration fees, or any other non-award funding, then that portion of the expense does not need to be reported. Further instructions regarding the submission of this data, and how to determine costs, are available in the OJP Financial Guide Conference Cost Chapter. 44. OJP FORM 4000/2 (REV. 4-88) 17 ,QLWLDOBBBBBBBBBBBBB AWARD CONTINUATION SHEET Cooperative Agreement PAGE 16 OF U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD DATE 09/27/2019PROJECT NUMBER 2018-MC-FX-K065 SPECIAL CONDITIONS Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded [insert "in part," if applicable] through a grant from the [insert name of OJP component], Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. The recipient may not obligate, expend or draw down funds until the Office of the Chief Financial Officer (OCFO) has approved the budget and budget narrative and a Grant Adjustment Notice (GAN) has been issued to remove this special condition. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. The recipient shall submit to OJJDP a copy of all interim and final reports and proposed publications (including those prepared for conferences, journals, and other presentations) resulting from this award, for review and comment prior to publishing. Any publication produced with grant funds must contain the following statement: "This project was supported by Grant # ( ) awarded by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect those of the Department of Justice. All reports and products may be required to display the OJJDP logo on the cover (or other location) with the agreement of OJJDP. OJJDP defines publications as any planned, written, visual or sound materials substantively based on the project, formally prepared by the award recipient for dissemination to the public. Grant funds may be used only for the purposes in the recipient's approved application. The recipient shall not undertake any work or activities that are not described in the grant application, and that use staff, equipment, or other goods or services paid for with OJP grant funds, without prior written approval from OJP. The recipient agrees promptly to provide, upon request, financial or programmatic-related documentation related to this award, including documentation of expenditures and achievements. 45. 46. 47. 48. 49. 50. OJP FORM 4000/2 (REV. 4-88) 17 ,QLWLDOBBBBBBBBBBBBB AWARD CONTINUATION SHEET Cooperative Agreement PAGE 17 OF U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD DATE 09/27/2019PROJECT NUMBER 2018-MC-FX-K065 SPECIAL CONDITIONS The recipient understands that it will be subject to additional financial and programmatic on-site monitoring, which may be on short notice, and agrees that it will cooperate with any such monitoring. Withholding of funds: Completion of "OJP financial management and grant administration training" required The recipient may not obligate, expend, or draw down any award funds until-- (1) OJP determines that the recipient's Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award have successfully completed an "OJP financial management and grant administration training" on or after January 1, 2017, and (2) OJP issues a Grant Adjustment Notice (GAN) to modify or remove this condition. Once both the POC and all FPOCs have successfully completed the training required by this condition, the recipient may contact the designated grant manager for the award to request initiation of a GAN to remove this condition. A list of the OJP trainings that OJP will consider an "OJP financial management and grant administration training" for purposes of this condition is available at https://ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. 51. 52. OJP FORM 4000/2 (REV. 4-88) 17 ,QLWLDOBBBBBBBBBBBBB Memorandum To: From: Subject: Washington, D.C. 20531 Lou Ann Holland, OJJDP NEPA Coordinator Categorical Exclusion for Texas Office of the Attorney General This award is made as part of the Internet Crimes Against Children Task Force Program. Awards under this program will be used to support State and local law enforcement agencies to maintain and expand State and regional task forces to address technology-facilitated child exploitation. None of the following activities will be conducted either under this award or a related third party action: 1) New construction; 2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100-year flood plain, a wetland, or habitat for an endangered species; 3) A renovation which will change the basic prior use of a facility or significantly change its size; 4) Research and technology whose anticipated and future application could be expected to have an effect on the environment; or 5) Implementation of a program involving the use of chemicals, other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments. Additionally, the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety would not meet the criteria for a categorical exclusion. Consequently, the subject federal action meets OJP's criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations. U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention Official Grant File GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY 1. STAFF CONTACT (Name & telephone number) PROJECT NUMBER 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD 8. BUDGET PERIOD 9. AMOUNT OF AWARD 10. DATE OF AWARD 11. SECOND YEAR'S BUDGET 2018-MC-FX-K065 2. PROJECT DIRECTOR (Name, address & telephone number) 4. TITLE OF PROJECT 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) 5. NAME & ADDRESS OF GRANTEE Cooperative Agreement This project is supported under FY19(OJJDP - MEC - ICAC Task Force - including prior year) Pub. L. 116-6, 133 Stat. 13, 115; Pub. L. No. 115-141, 132 Stat. 348, 423 Amy Britt OAG Grants Coordinator PO Box 12548 Austin, TX 78711-2548 (512) 936-9936 PAGE 11OF The National Internet Crimes Against Children (ICAC) Task Force Program, consists of state and local law enforcement task forces dedicated to developing effective responses to online enticement of children by sexual predators, child exploitation, and child obscenity and pornography cases. Each State and local task force that is part of the national program shall: 1) consist of State and local investigators, prosecutors, forensic specialists, and education specialists who are dedicated to addressing the goals of the task force; 2) engage in proactive investigations, forensic examinations, and effective prosecutions of Internet crimes against children; 3) provide forensic, preventive, and investigative assistance to parents, educators, prosecutors, law enforcement, and others concerned with Internet crimes against children; 4) develop multijurisdictional, multiagency partnerships and responses to Internet crimes against children offenses through ongoing informational, administrative, and technological support to other State and local law enforcement agencies, as a means for such agencies to acquire the necessary knowledge, personnel, and specialized equipment to investigate and prosecute such offenses; 5) participate in nationally coordinated investigations in any case in which the Attorney General determines such participation to be necessary, as permitted by the available resources of such task force; 6) establish or adopt investigative and Stephanie Rapp (202) 598-0807 OJP FORM 4000/2 (REV. 4-88) Southern Texas ICAC Task Force Program Texas Office of the Attorney General PO Box 12548 Austin, TX 78711-2548 TO:10/01/2018 09/30/2020FROM:TO:10/01/2018 09/30/2020FROM: 09/27/2019 $ 629,600 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 3a. TITLE OF THE PROGRAM OJJDP FY 19 Internet Crimes Against Children Task Force Invited Applicants U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention prosecution standards consistent with established norms, to which such task force shall comply; 7) investigate, and seek prosecution on tips related to Internet crimes against children, including tips from Operation Fairplay, the National Internet Crimes Against Children Data System, the National Center for Missing and Exploited Children's CyberTipline, ICAC task forces, and other Federal, State, and local agencies, with priority being given to investigate leads that indicate the possibility of identifying or rescuing child victims, including investigative leads that indicate a likelihood of seriousness of offense or dangerousness to the community; 8) develop procedures for handling seized evidence for ICAC task force lead agencies and affiliate agencies; 9) maintain reports required by OJJDP and other reports and records as determined by the Attorney General; and, 10) seek to comply with national standards regarding the investigation and prosecution of Internet crimes against children, as set forth by the Attorney General, to the extent such standards are consistent with the law of the State where the task force is located. The Texas Office of the Attorney General (TX OAG) ICAC Task Force will continue to maintain, expand, and improve Southern Texas ICAC task force effectiveness in preventing, interdicting, investigating, and prosecuting Internet crimes against children and technology-facilitated child exploitation.The geographic area of responsibility (GAR)for the task force consists of 134 counties within the Southern Texas ICAC Region, with a population exceeding 10 million people. ICAC grant-funded personnel are critical in addressing the increased caseload, as well as, providing investigative and forensic assistance to law enforcement in areas where expertise is required. The Texas OAG ICAC Task Force will continue to grow its ICAC affiliate partnerships. The Texas OAG will continue training ICAC and non-ICAC personnel. Emphasis will continue to be on collaborating with law enforcement and local and federal prosecutors to support investigation and prosecution of child predators. Additionally, mental wellness training of investigators, supervisors, and support staff remains a priority to ensure personnel are sufficiently equipped to prevent and mitigate the negative effects associated with conducting investigations involving child pornography. CA/CF U.S. Department of Justice Office of Justice Programs September 27, 2019 Mr. Jeffrey C. Mateer Texas Office of the Attorney General PO Box 12548 Austin, TX 78711-2548 Congratulations on your recent award! The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with OJP and other DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal-opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know. Dear Mr. Mateer: Sincerely, Michael L. Alston Director cc:Grant Manager Financial Analyst Washington, DC 20531 Office of Civil Rights NOTE: You must click on the "Accept" button at the bottom of the page before closing this window OMB APPROVAL NUMBER 1121-0140 EXPIRES 05/31/2019 U.S. DEPARTMENT OF JUSTICE CERTIFIED STANDARD ASSURANCES On behalf of the Applicant, and in support of this application for a grant or cooperative agreement, I certify under penalty of perjury to the U.S. Department of Justice ("Department"), that all of the following are true and correct: (1) I have the authority to make the following representations on behalf of myself and the Applicant. I understand that these representations will be relied upon as material in any Department decision to make an award to the Applicant based on its application. (2) I certify that the Applicant has the legal authority to apply for the federal assistance sought by the application, and that it has the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project costs) to plan, manage, and complete the project described in the application properly. (3) I assure that, throughout the period of performance for the award (if any) made by the Department based on the application-- a. the Applicant will comply with all award requirements and all federal statutes and regulations applicable to the award; b. the Applicant will require all subrecipients to comply with all applicable award requirements and all applicable federal statutes and regulations; and c. the Applicant will maintain safeguards to address and prevent any organizational conflict of interest, and also to prohibit employees from using their positions in any manner that poses, or appears to pose, a personal or financial conflict of interest. (4) The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition-- a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102); b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on Violence Against Women, also may apply to an award made otherwise; c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations); and d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204. Page 1 of 2Assurances 8/19/2019https://grants.ojp.usdoj.gov/gmsexternal/displayAssurancesTextAction.st?method=assure&... (5) The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information), 23 (criminal intelligence systems), 38 (regarding faith-based or religious organizations participating in federal financial assistance programs), and 46 (human subjects protection). (6) I assure that the Applicant will assist the Department as necessary (and will require subrecipients and contractors to assist as necessary) with the Department's compliance with section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108), the Archeological and Historical Preservation Act of 1974 (54 U.S.C. §§ 312501-312508), and the National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-4335), and 28 C.F.R. Parts 61 (NEPA) and 63 (floodplains and wetlands). (7) I assure that the Applicant will give the Department and the Government Accountability Office, through any authorized representative, access to, and opportunity to examine, all paper or electronic records related to the award (if any) made by the Department based on the application. (8) I assure that, if the Applicant is a governmental entity, with respect to the award (if any) made by the Department based on the application-- a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and b. it will comply with requirements of 5 U.S.C. §§ 1501-1508 and 7324-7328, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. (9) If the Applicant applies for and receives an award from the Office of Community Oriented Policing Services (COPS Office), I assure that as required by 34 U.S.C. § 10382(c)(11), it will, to the extent practicable and consistent with applicable law--including, but not limited to, the Indian Self- Determination and Education Assistance Act--seek, recruit, and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions, as provided under 34 U.S.C. § 10382(c)(11). (10) If the Applicant applies for and receives a DOJ award under the STOP School Violence Act program, I assure as required by 34 U.S.C. § 10552(a)(3), that it will maintain and report such data, records, and information (programmatic and financial) as DOJ may reasonably require. I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). I also acknowledge that the Department?s awards, including certifications provided in connection with such awards, are subject to review by the Department, including by its Office of the Inspector General. Accept Page 2 of 2Assurances 8/19/2019https://grants.ojp.usdoj.gov/gmsexternal/displayAssurancesTextAction.st?method=assure&... Certificate Of Completion Envelope Id: 8692CBE624AB400CA092E42C528ACC9B Status: Sent Subject: Please DocuSign: FY 2020 Internet Crimes Against Children (ICAC) Sub-Recipient Grant Contract Template ID: Source Envelope: Document Pages: 43 Signatures: 0 Envelope Originator: Certificate Pages: 7 Initials: 0 Karly Watson AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-06:00) Central Time (US & Canada) PO Box 12548 Austin, TX 78711-2548 Karly.Watson@oag.texas.gov IP Address: 204.64.50.212 Record Tracking Status: Original 5/6/2020 5:02:16 PM Holder: Karly Watson Karly.Watson@oag.texas.gov Location: DocuSign Signer Events Signature Timestamp Denny Asbury DennyA@cctexas.com Security Level: Email, Account Authentication (None) Sent: 5/6/2020 5:02:19 PM Viewed: 5/7/2020 8:13:33 AM Electronic Record and Signature Disclosure: Accepted: 5/7/2020 8:13:33 AM ID: 7d107c35-b808-488a-9b7a-52384f8ae2fb Melissa Foley Melissa.Foley@oag.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cody Smirl Cody.Smirl@oag.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Financial Litigation - FLD Attorney Review Signing Group: Financial Litigation - FLD Attorney Review Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Joshua Godbey Joshua.Godbey@oag.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Natalie Brown Natalie.Brown@oag.texas.gov Security Level: Email, Account Authentication (None) Signer Events Signature Timestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign David Maxwell David.Maxwell@oag.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/11/2019 3:04:35 PM ID: 8c62701c-5893-4335-8bd5-71b21bf3334e In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Karly Watson karly.watson@oag.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Ross Behrens Ross.Behrens@oag.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign FLD Contracts FLDcontracts@oag.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounting - DocuSign Contracts ACC_DocuSign_Contracts@oag.texas.gov Signing Group: Accounting - DocuSign Contracts Inbox Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Joshua Alexander Joshua.Alexander@oag.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/6/2020 5:02:19 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, Office of the Attorney General (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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DATE: March 13, 2020 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief RRocha@cctexas.com 361-826-3932 CAPTION: Ordinance authorizing the acceptance of a $15,000.00 grant from the Coastal Bend Regional Advisory Council for the Corpus Christi Fire Department Web Emergency Operations Center operations; and appropriating $15,000.00 into Fire Grant Fund. SUMMARY: This ordinance authorizes the acceptance of a grant in the amount of $15,000.00 from the Coastal Bend Regional Advisory Committee (CBRAC). This grant is utilized to aid in funding the annual cost of the operations for the Web Emergency Operations Center (WebEOC) system. BACKGROUND AND FINDINGS: For the last 15 years CBRAC has awarded grant funding to the City of Corpus Christi Fire Department Emergency Management Division to fund the operations of the WebEOC. The WebEOC system is a web-based crisis management system that is used to improve coordination and communication efforts while planning, responding to or recovering from man- made or natural disasters. The WebEOC system allows the City to track residents that are transported by the City to emergency shelters in other cities. City departments also utilize the system to request resources from the State during an emergency event. All City departments store their emergency operation plans on the WebEOC system and enter daily operations during an event. CBRAC and the City of Corpus Christi Emergency Management Division currently have a five- year agreement to support the Trauma Service Area (Region U) Health and Medical Emergency preparedness and response efforts by providing CBRAC and its member organizations with necessary access to the regional WebEOC system. The system allows for access to data such as patient tracking and requesting resources for the hospital systems. CBRAC is required to use the WebEOC system to fulfill certain aspects of its Hospital Coastal Bend Regional Advisory Committee Grant Acceptance for the Fire Department WebEOC Operations AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting June 9, 2020 Second Reading Ordinance for the City Council Meeting June 16, 2020 Preparedness contractual requirements. The City is the license holder for WebEOC. Therefore, CBRAC is responsible for funding the operations of the WebEOC. There is no match or in-kind match requirement for the grant. ALTERNATIVES: An alternative to accepting the grant is to find other funding for the functions of the WebEOC system. Additionally, any other alternative to the acceptance of this grant will leave the City financially responsible for the functions and upkeep of the WebEOC system. The current budget cannot financially support the WebEOC system. FINANCIAL IMPACT: Acceptance of grant funding in the amount of $15,000 and appropriating $15,000 to the Fire Grant Fund. Funding Detail: Fund: 1062 Fire Grant Organization/Activity: 11950 Emergency Management Mission Element: 888 Revenue Project # (CIP Only): Account: 820553L RECOMMENDATION: We recommend City Council authorizes the ordinance to accept the CBRAC grant of $15,000 to continue the WebEOC operations. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of $15,000 grant from the Coastal Bend Regional Advisory Council for the City's WebEOC operations; and appropriating $15,000 into Fire Grant 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 accept a grant from the Coastal Bend Regional Advisory Council in the amount of $ 15,000 for the benefit of the City' s WebEOC operations. SECTION 2. That $15,000 is appropriated in the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the City's WebEOC . That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, 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 __________ 2020, 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 _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE: May 15, 2020 TO: Peter Zanoni, City Manager FROM: Jermel Stevenson, Director of Parks and Recreation Department Jermels@cctexas.com (361) 826-3042 CAPTION: Ordinance authorizing the Interlocal Agreement with Nueces County for City Lifeguard Services. The City will provide 4 lifeguards at the public beach within Nueces County Padre Balli Park from 3 lifeguard stands dispersed between Access Roads 5 and 6 for the period of May 22 through September 7, 2020. Nueces County will reimburse the City for the costs of lifeguard services, equipment and supplies at a cost of $40,700 to be appropriated into the General Fund. SUMMARY: This resolution authorizes City employed personnel to provide Gulf Beach Lifeguard services to Nueces County Beach located between Access Road 5 and Access Road 6. The City will provide lifeguards, equipment, and necessary materials to render services; in exchange, Nueces County will reimburse the City for said services. Nueces County has already reimbursed the City a flat rate fee of $2,500. for services the City performed from March 13 - 22, 2020 (Spring Break). In addition, Nueces County will provide 100% reimbursement for services to be rendered from May 22 - September 7, 2020 (Summer). BACKGROUND AND FINDINGS: Padre Bali Park and Bob Hall Pier are located on the Nueces County Beach between Access Road 5 and Access Road 6. This stretch of beach is known to be one of the most dangerous areas for rip current and drownings within our Gulf Beaches. Historically, Nueces County has not provided lifeguard services at this location. In August of 2019, Nueces County requested the City of Corpus Christi provide lifeguard services at this location, which the City obliged. The operation was successful and led to talks of developing a permanent partnership between organizations. The City of Corpus Christi has agreed to provide the following services between Access Road 5 and Access Road 6 of Nueces County Beach: Two Gulf Beach Lifeguards to patrol Nueces County Beach, via mobile unit, from March 13 - 22, 2020. Interlocal Agreement with Nueces County for Gulf Beach Lifeguard Services AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 9, 2020 Second Reading Ordinance for the City Council Meeting of June 16, 2020 Three Gulf Beach Lifeguards and one backup lifeguard at the public beach within Padre Bali Park. The City shall provide equipment and material necessary to provide lifeguard services as per the agreement. The City is responsible for install, repair, and maintenance of beach lifeguard stands. City Gulf Beach Lifeguards will be under the sole direction and supervision of the City Director of Parks and Recreation or designee. This agreement may be terminated by either party upon 30 days of written notice. In addition, this agreement will be renewed on an annual basis. ALTERNATIVES: The alternative would be for the City to not enter an agreement with Nueces County to provide lifeguard services between Access Roads 5 and 6 of Nueces County Beaches. FISCAL IMPACT: All expenses incurred by the City to provide lifeguard services between Access Road 5 and Access Road 6 of Nueces County Beach will be reimbursed by Nueces County. Fund: 1020 General Fund Mission Element: 888 Revenue Project # (CIP Only): NA Account: 303032 – Nueces County P&R Reimbursement 12070 – Lifeguard/First Response RECOMMENDATION: Staff recommends approval of this ordinance authorizing the Interlocal Agreement with Nueces County for City Lifeguard Services and appropriating estimated revenues of $40,700 in the General Fund. The City will provide 4 lifeguards at the public beach within Nueces County Padre Balli Park from 3 lifeguard stands dispersed between Access Roads 5 and 6 for the period of May 22 through September 7, 2020. Nueces County will reimburse the City for the costs of lifeguard services, equipment and supplies. LIST OF SUPPORTING DOCUMENTS: Ordinance Interlocal Agreement Map Ordinance authorizing the Interlocal Agreement with Nueces County for City Lifeguard Services. The City will provide 4 lifeguards at the public beach within Nueces County Padre Balli Park from 3 lifeguard stands dispersed between Access Roads 5 and 6 for the period of May 22 through September 7, 2020. Nueces County will reimburse the City for the costs of lifeguard services, equipment and supplies at a cost of $40,700 to be appropriated into the General 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 the Interlocal Agreement with Nueces County for City lifeguard services. The City will provide 4 lifeguards at the public beach within Nueces County Padre Ball i Park and 3 lifeguard stands dispersed between Access Road s 5 6 during summer 2020 (from May 22 – September 7, 2020). The County will reimburse the City for the costs of lifeguard services, equipment and supplies for services already provided from March 13-22, 2020 (Spring Break) and for services to be rendered during the summer (May 22 – September 7, 2020). SECTION 2. Estimated revenues of $40,700 are appropriated in the General Fund and the Fiscal Year 2020 Operating Budget adopted by Ordinance 031870 is amended to increase revenues. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 20 20, 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 __________ 2020, 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 _________________, 20 20. ATTEST _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Lifeguard Services .... .:. .... ·.'• •• • • ..• • •• .. , .. , .... : .. '• • Legend � Bob Hall Pier Stand 0 Untitled Polygon